Law(yers) Congealing Capitalism

Law(yers) Congealing Capitalism
Author : G. Baars
Publisher :
Total Pages :
Release : 2012
ISBN 10 : OCLC:829959600
ISBN 13 :
Language : EN, FR, DE, ES & NL


The theme of 'business in conflict' has become a 'hot topic' and the subject of many academic and policy publications. The trend in this literature is to conclude that 'corporations have (or should have) obligations under international human rights and humanitarian law' and that 'corporations must be held to account' through law, for example for 'complicity in international crimes'. With this thesis, I aim to present a counterpoint to this literature. Employing dialectics as methodology and a theoretical frame based on Pashukanis' commodity form theory of law, I investigate the progeny and role of law as sine qua non of capitalism. I establish that capitalism's main motor, the corporation, was developed as a legal concept to congeal relations of production and minimise risk-exposure of the capitalists. Moreover, the corporation served as an instrument of imperialism and the global dissemination of capitalist law. Post WWII international criminal law (ICL) was developed ostensibly as an accountability mechanism. I show that it was used, contrary to early indications, to conceal rather than address the economic causes and imperialist nature of the war, so as to enable the continuation or rehabilitation of trade relations. ICL has been institutionalized over subsequent years and has continued to immunize economic actors from prosecution, including in the ICTR and ICTY. Yet, ICL's strong appeal has led 'cause lawyers' to seek corporate accountability in ICL, largely unsuccessfully. Combined with (legalized) 'corporate social responsibility', 'corporate accountability' discourse risks becoming an instrument of legitimization for the liberal capitalist enterprise. Especially, including the corporation as a subject of ICL would complete its reification and ideological identity as a political citizen exercising legitimate authority within 'global governance'. In conclusion, while emancipation from corporate violence cannot be achieved through law, its promise lies in countersystemic activism and, with that, human emancipation.

More Books:

Law(yers) Congealing Capitalism
Language: en
Pages:
Authors: G. Baars
Categories:
Type: BOOK - Published: 2012 - Publisher:

The theme of 'business in conflict' has become a 'hot topic' and the subject of many academic and policy publications. The trend in this literature is to conclu
The Corporation, Law and Capitalism
Language: en
Pages: 520
Authors: Grietje Baars
Categories: Political Science
Type: BOOK - Published: 2019-03-14 - Publisher: BRILL

In The Corporation, Law and Capitalism, Baars offers a radical Marxist perspective on law, tracing the corporation from colonial times to the present multinatio
Critical Approaches to International Criminal Law
Language: en
Pages: 304
Authors: Christine Schwöbel
Categories: Law
Type: BOOK - Published: 2014-05-09 - Publisher: Routledge

Drawing on the critical legal tradition, the collection of international scholars gathered in this volume analyse the complicities and limitations of Internatio
Criminology and War
Language: en
Pages: 232
Authors: Sandra Walklate
Categories: Social Science
Type: BOOK - Published: 2015-03-24 - Publisher: Routledge

It is widely observed that the study of war has been paid limited attention within criminology. This is intellectually curious given that acts of war have occur
The Corporate Criminal
Language: en
Pages: 226
Authors: Steve Tombs
Categories: Business & Economics
Type: BOOK - Published: 2015-03-27 - Publisher: Routledge

Drawing upon a wide range of sources of empirical evidence, historical analysis and theoretical argument, this book shows beyond any doubt that the private, pro
The Relentless Revolution: A History of Capitalism
Language: en
Pages: 512
Authors: Joyce Appleby
Categories: History
Type: BOOK - Published: 2011-03-07 - Publisher: W. W. Norton & Company

"Splendid: the global history of capitalism in all its creative—and destructive—glory." —The New York Times Book Review With its deep roots and global sco
The Socio-Political Practice of Human Rights
Language: en
Pages: 222
Authors: Kiran Kaur Grewal
Categories: Social Science
Type: BOOK - Published: 2016-06-23 - Publisher: Routledge

This book examines discourses of rights and practices of resistance in post-conflict societies, exploring the interaction between the international human rights
Comparative Economic Systems
Language: en
Pages: 862
Authors: William Negele Loucks
Categories: Capitalism
Type: BOOK - Published: 1957 - Publisher:

Comparative Economic Systems
Language: en
Pages:
Authors:
Categories:
Type: BOOK - Published: 1957 - Publisher:

Profits, Power, and Prohibition
Language: en
Pages: 272
Authors: John J. Rumbarger
Categories: Political Science
Type: BOOK - Published: 1989-01-01 - Publisher: SUNY Press

This is the first comprehensive study of America's anti-liquor/anti-drug movement from its origins in the late eighteenth century through the repeal of the Eigh