
The Code of Capital
How the Law Creates Wealth and Inequality
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Narrado por:
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Laural Merlington
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De:
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Katharina Pistor
Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else.
In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations - assets that exist only in law.
A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders.
©2019 Katharina Pistor (P)2019 TantorListeners also enjoyed...




















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The book gets better and better. We get a grand tour of the state of play in today's globalized corporate law world. Then, the corporate lawyer-coders are matched against the digital coders with such tools as smart contracts.
Some other books here which touch on similar themes, but from different angles, include Property by Raymond Frey (going back into great thinkers on property's underlying concepts), and White Shoe, by Jon Oller (on the elite lawyer-history side). I found both of those more backward-looking but informative works excellent in their own ways, and reviewed them here.
Once this book gets past the basics, about an hour or so in, some things show up I appreciate, I have not seen much of elsewhere (in audio), giving heaps of context and background, for example:
- A neat map of the financial and corporate structure of latter-day Lehman Brothers, and a sketch of some of its post-bankruptcy experiences (especially rare in the literature). This is a shell game and sleight-of-hand at its best!
- A deeper dive into the parts and operators of a pretty typical collateralized mortgage structure, pre-2008, and its place in mortgage finance (going beyond the simplicities that popular books have stuck with), and
- A journey back into the origins of financial instruments, since about the 1450s, and the evolution of innovations in that area. From that, the listener can follow the bread crumbs right to where we are.
These are relatively unusual things to find at a good price in any form. Each, for me, is worth the price of admission here.
Capital's cream rises, and here's just how it does
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Groundbreaking
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A peek behind the curtain...
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Heavy but hearty read for capital market participants
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insightful
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Must for law students and social justice advocates
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the book is fantastic overview of the ways the legal system has evolved the rights we call capital. upon reading it, one becomes quite clear that the treatment of "capital" as a concept in economics of all flavors is incredibly at variance with reality. Marx clearly misfocused economists attention, as did Adam Smith.
I'm now struck by the ad hoc nature of the legal frameworks around capital, clearly elaborated in this book. you don't need a JD or PhD to understand this presentation, it is so well done.
personally, I learned a lot about private law and its usurpation of public law, in for example the discussion of how Lehman Bros. existed as a legal structure, and why it was so fragile in its collapse. but also, how capital moves so fast.
the final chapter brings the book to a powerful close building on the entire book. that's a rare thing in many otherwise good books on such topics.
one of the best books I've read this century.
Brilliant insights from a rare, novel perspective
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opened a whole new world for me
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Excellent info although a little dry
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Very Telling
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