This radical and innovative volume develops a Marxist understanding of the symbiosis between law and capital in our society.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Grietje Baars is a Senior Lecturer in Law at City, University of London. They have published widely on Marxist theory of law, and co-edited (with Andre Spicer) The Corporation, A Critical, Multidisciplinary Handbook (CUP, 2017).
Inhaltsangabe
Preface Acknowledgements Abbreviations 1 Introduction: 'Das Kapital, das immer dahinter steckt ' 1 Introduction 2 Theoretical Framework 3 'Developing the Form on the Basis of the Fundamental Form ' 4 Beyond 'Nebulous Left Functionalism ': Further Considerations on Marxism and Law 5 Conclusion 2 The Roots, Development, and Context of the Legal Concept of the Corporation: the Making of a Structure of Irresponsibility and a Tool of Imperialism 1 Introduction to 2A and 2B 2 A The 'Back Story ' of the Legal Concept of the Business Company 1 Introduction to 2A 2 Epistemology of the Corporate Legal Form 3 The Creation of Market Society: Legal Relations and Legal Entities 4 From the Joint Stock Corporation to the MNC 5 Conclusion to 2A 2 B The Corporation and the Political Economy of International Law 1 Introduction: The Corporation and Capitalism in International Law 2 Corporations, Law and Capitalism 3 Corporations in IL in the Twentieth Century 4 Class Law and Class Struggle in IL 5 Conclusion to 2B 6 Afterword to 2A and 2B: the Modern Corporation and Criminal Law 3 Capitalism 's Victor 's Justice? The Economics of World War Two, the Allies ' Trials of the German Industrialists and Their Treatment of the Japanese zaibatsu 1 Introduction to 3A and 3B 3 A Germany 1 Introduction to 3A 2 From War to Trials: Why 'Nuremberg '? 3 The US Occupation and Economic Reform of Germany 4 Nuremberg: Political Demands Translated into Law 5 The Turnaround: from Germany is Our Problem to Germany is Our Business 6 The Trials of the Industrialists: from Morality Play to Theatre of the Absurd 7 Industrialists in Other Zonal Trials 8 Conclusion to 3A 3 B Japan: the Tokyo International Military Tribunal, or, How the East Was Won 1 Introduction to 3B 2 Why Tokyo? 3 The US Occupation and Economic Reform of Japan 4 The International Military Tribunal for the Far East 5 Economic Occupation Policy: zaibatsu Dissolution and the 'Reverse Course ' 6 Conclusion to Chapter 3: Capitalism 's Victor 's Justice 4 Remaking ICL: Removing Businessmen and Inserting Legal Persons as Subjects 1 Introduction to 4A, 4B and 4C 4 A The (ReMaking of ICL: Lawyers Congealing Capitalism 1 Introduction to 4A: Constructing ICL 's Foundational Ideology 2 ICL ideology, Pre-fab Critiques and Foreclosed Critiques 3 An Alternative Foundational Narrative for ICL 4 Conclusion to 4A 4 B 'No Soul to Damn and No Body to Kick '? Attribution, Perpetration and Mens Rea in Business 1 Introduction to 4B 2 Conclusion to 4B: so Many Men, so Many Modes 4 C Re-Making ICL: Who Wants to Be an International Criminal? Casting Business in Contemporary ICL 1 Introduction to 4C 2 The 'New ICL ' and Re-opening the Debate on Collective Liability 3 'De-Individualising ICL ': towards Legal Person Liability? 4 From Theory to Practice: Recent Developments 5 Conclusion to 4C 6 Conclusion to 4A, 4B and 4C: Who Let the Dogmatisierung out? 5 Contemporary Schreibtischtäter: Drinking the Poison Chalice? 1 Introduction 2 The ICC 3 Alternative Ways of Dealing with Business in Conflict 4 ICL on the Domestic Level 5 Host State Cases 6 Conclusion 6 Corporate Imperialism 3.0: from the Dutch East India Company to the American South Asia Company 1 Introduction: Corporate Imperialism 3.0: The American South Asia Company 2 The Story so far … 3 The Creation of the Corporate Soul: Corporate Citizenship and Corporate Social Responsibility as the 'Last Maginot Line of Capitalism ' 4 Legalised CSR, CA Cause Lawyering and Corporate ICL Problematised 5 Consciousness-Building and the Seed of the New Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F References Index
Preface Acknowledgements Abbreviations 1 Introduction: 'Das Kapital, das immer dahinter steckt ' 1 Introduction 2 Theoretical Framework 3 'Developing the Form on the Basis of the Fundamental Form ' 4 Beyond 'Nebulous Left Functionalism ': Further Considerations on Marxism and Law 5 Conclusion 2 The Roots, Development, and Context of the Legal Concept of the Corporation: the Making of a Structure of Irresponsibility and a Tool of Imperialism 1 Introduction to 2A and 2B 2 A The 'Back Story ' of the Legal Concept of the Business Company 1 Introduction to 2A 2 Epistemology of the Corporate Legal Form 3 The Creation of Market Society: Legal Relations and Legal Entities 4 From the Joint Stock Corporation to the MNC 5 Conclusion to 2A 2 B The Corporation and the Political Economy of International Law 1 Introduction: The Corporation and Capitalism in International Law 2 Corporations, Law and Capitalism 3 Corporations in IL in the Twentieth Century 4 Class Law and Class Struggle in IL 5 Conclusion to 2B 6 Afterword to 2A and 2B: the Modern Corporation and Criminal Law 3 Capitalism 's Victor 's Justice? The Economics of World War Two, the Allies ' Trials of the German Industrialists and Their Treatment of the Japanese zaibatsu 1 Introduction to 3A and 3B 3 A Germany 1 Introduction to 3A 2 From War to Trials: Why 'Nuremberg '? 3 The US Occupation and Economic Reform of Germany 4 Nuremberg: Political Demands Translated into Law 5 The Turnaround: from Germany is Our Problem to Germany is Our Business 6 The Trials of the Industrialists: from Morality Play to Theatre of the Absurd 7 Industrialists in Other Zonal Trials 8 Conclusion to 3A 3 B Japan: the Tokyo International Military Tribunal, or, How the East Was Won 1 Introduction to 3B 2 Why Tokyo? 3 The US Occupation and Economic Reform of Japan 4 The International Military Tribunal for the Far East 5 Economic Occupation Policy: zaibatsu Dissolution and the 'Reverse Course ' 6 Conclusion to Chapter 3: Capitalism 's Victor 's Justice 4 Remaking ICL: Removing Businessmen and Inserting Legal Persons as Subjects 1 Introduction to 4A, 4B and 4C 4 A The (ReMaking of ICL: Lawyers Congealing Capitalism 1 Introduction to 4A: Constructing ICL 's Foundational Ideology 2 ICL ideology, Pre-fab Critiques and Foreclosed Critiques 3 An Alternative Foundational Narrative for ICL 4 Conclusion to 4A 4 B 'No Soul to Damn and No Body to Kick '? Attribution, Perpetration and Mens Rea in Business 1 Introduction to 4B 2 Conclusion to 4B: so Many Men, so Many Modes 4 C Re-Making ICL: Who Wants to Be an International Criminal? Casting Business in Contemporary ICL 1 Introduction to 4C 2 The 'New ICL ' and Re-opening the Debate on Collective Liability 3 'De-Individualising ICL ': towards Legal Person Liability? 4 From Theory to Practice: Recent Developments 5 Conclusion to 4C 6 Conclusion to 4A, 4B and 4C: Who Let the Dogmatisierung out? 5 Contemporary Schreibtischtäter: Drinking the Poison Chalice? 1 Introduction 2 The ICC 3 Alternative Ways of Dealing with Business in Conflict 4 ICL on the Domestic Level 5 Host State Cases 6 Conclusion 6 Corporate Imperialism 3.0: from the Dutch East India Company to the American South Asia Company 1 Introduction: Corporate Imperialism 3.0: The American South Asia Company 2 The Story so far … 3 The Creation of the Corporate Soul: Corporate Citizenship and Corporate Social Responsibility as the 'Last Maginot Line of Capitalism ' 4 Legalised CSR, CA Cause Lawyering and Corporate ICL Problematised 5 Consciousness-Building and the Seed of the New Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F References Index
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