Legal coding beyond capital?
Capital, I argue in ‘The Code of Capital: How the Law Creates Wealth and Inequality’, is coded in law.1 Legal coding is a process that adapts and molds formal law over time, often without explicit ex ante sanctioning by a legislature or a court. Several characteristics of formal law make it suscepti...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2022-06-01
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| Series: | European Law Open |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S2752613522000194/type/journal_article |
| _version_ | 1811156392817459200 |
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| author | Katharina Pistor |
| author_facet | Katharina Pistor |
| author_sort | Katharina Pistor |
| collection | DOAJ |
| description | Capital, I argue in ‘The Code of Capital: How the Law Creates Wealth and Inequality’, is coded in law.1 Legal coding is a process that adapts and molds formal law over time, often without explicit ex ante sanctioning by a legislature or a court. Several characteristics of formal law make it susceptible to coding, including its inherent incompleteness, the strong endorsement for private autonomy, and decentralised access to a state’s consolidated means of coercion.2 Would a progressive European Code of Private Law (EPL-code), as proposed by Hesselink, alter any of this and what would it take to ensure that the principles enshrined in this code would in fact be realised? These are the questions I will address in this short essay. |
| first_indexed | 2024-04-10T04:50:48Z |
| format | Article |
| id | doaj.art-b7cf18aeb17d4d77ac4f7a833689451c |
| institution | Directory Open Access Journal |
| issn | 2752-6135 |
| language | English |
| last_indexed | 2024-04-10T04:50:48Z |
| publishDate | 2022-06-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | European Law Open |
| spelling | doaj.art-b7cf18aeb17d4d77ac4f7a833689451c2023-03-09T12:32:19ZengCambridge University PressEuropean Law Open2752-61352022-06-01134435010.1017/elo.2022.19Legal coding beyond capital?Katharina Pistor0https://orcid.org/0000-0003-1810-2403Columbia University School of law, New York, USACapital, I argue in ‘The Code of Capital: How the Law Creates Wealth and Inequality’, is coded in law.1 Legal coding is a process that adapts and molds formal law over time, often without explicit ex ante sanctioning by a legislature or a court. Several characteristics of formal law make it susceptible to coding, including its inherent incompleteness, the strong endorsement for private autonomy, and decentralised access to a state’s consolidated means of coercion.2 Would a progressive European Code of Private Law (EPL-code), as proposed by Hesselink, alter any of this and what would it take to ensure that the principles enshrined in this code would in fact be realised? These are the questions I will address in this short essay.https://www.cambridge.org/core/product/identifier/S2752613522000194/type/journal_articlecapitalismprivate lawcoercive powersincomplete law |
| spellingShingle | Katharina Pistor Legal coding beyond capital? European Law Open capitalism private law coercive powers incomplete law |
| title | Legal coding beyond capital? |
| title_full | Legal coding beyond capital? |
| title_fullStr | Legal coding beyond capital? |
| title_full_unstemmed | Legal coding beyond capital? |
| title_short | Legal coding beyond capital? |
| title_sort | legal coding beyond capital |
| topic | capitalism private law coercive powers incomplete law |
| url | https://www.cambridge.org/core/product/identifier/S2752613522000194/type/journal_article |
| work_keys_str_mv | AT katharinapistor legalcodingbeyondcapital |