The Law of Capitalism and How to Transform It

Capitalism seems unstoppable. Laws and regulations that are meant to contain its excesses can slow its expansion but are unable to contain it. How is it that a system that relies extensively on the law to code assets as capital is so resistant to legal constraints is the big question this book addresses. The answer lies in the fact that capitalist law is Janus-faced: Its private law side empowers non-state actors to use law as a tool to build private wealth and power over others; the public law side seeks to rein in some actions, but it also protects private actors against state interference through constitutional constraints on state power. This is how private actors rule over others with impunity, shift the risk of their actions on society at large and the environment. I conclude that private law needs a reset to ground it in principles of mutual respect and support among private actors rather than exploitation and power.

Publication Date: 30 September 2025