Lawless Capitalism: The Subprime Crisis and the Case for an Economic Rule of Law

by Steven A. Ramirez

Overview

In this innovative and exhaustive study, Steven A. Ramirez posits that the subprime mortgage crisis, as well as the global macroeconomic catastrophe it spawned, is traceable to a gross failure of law.

The rule of law must appropriately channel and constrain the exercise of economic and political power. Used effectively, it ensures that economic opportunity isn’t limited to a small group of elites that enjoy growth at the expense of many, particularly those in vulnerable economic situations. In Lawless Capitalism, Ramirez calls for the rule of law to displace crony capitalism. Only through the rule of law, he argues, can capitalism be reconstructed.

Product Details

ISBN-13:	9780814776490
Publisher:	New York University Press
Publication date:	12/03/2012
Pages:	304
Product dimensions:	6.20(w) x 9.00(h) x 1.20(d)

About the Author

Steven A. Ramirez is Professor of Law and Associate Dean at Loyola University of Chicago, where he also directs the Business and Corporate Governance Law Center.

Table of Contents

Acknowledgments ix

Preface: A Historic Collapse of Capitalism xi

Introduction 1

1 A Revolution in Economics (but Not in Law) 17

2 The Corrupted Corporation 47

3 Animal Spirits and Financial Regulation 74

4 Rigged Globalization 105

5 The Costs of Economic Oppression 131

6 The Crisis in Crisis Management 159

7 The Potential for an Economic Rule of Law 184

Epilogue: Optimized Legal Infrastructure and the End of Scarcity 217

Notes 221

Index 277

About the Author 286

What People are Saying About This

From the Publisher

Steven Ramirez's Lawless Capitalism is a tour de force. The pages are virtually crackling with urgency and deeply considered alternatives to the wayward capitalism currently practiced in the United States. Ramirez, in his critical contribution to the ongoing debate in connection with free markets and governmental regulation, envisions a new and different kind of capitalism. Ramirez's capitalism respects individual potential and human capital, considers equality and fairness, and promotes the abilities of all people, rather than focusing on deeper entrenchment of the elite. Lawless Capitalism meticulously weaves the best thinking of dozens of economists, law professors, sociologists and philosophers into a new conceptualization of an economic rule of law, one that Ramirez fully develops, that offers a better economic way for our nation and the world. Lawless Capitalism is an important book, representing a powerful new voice that literally demands to be heard."-andré douglas pond cummings,Indiana Tech Law School

"Capitalism and the profit motive can stimulate human productivity and innovation. But they can also lead to corruption, shady politics, and self-dealing. This brilliant book shows how intelligently designed laws and lawsuits can facilitate the former and discourage the latter. . . . Steven Ramirez is the new Andrew Hacker. He wields statistics, numbers, and concepts like a scalpel."-Richard Delgado,co-author of Critical Race Theory

"Ramirez catalogues the many ills and failures in the American economic system, casting a broad net that implicates governing institutions, political and corporate elites, and their policy agendas. He provides a valuable contribution to discussions on reforming capitalism and restoring the foundations of middle class prosperity through a renewed commitment to transparency, economic democracy, and the rule of law."-Timothy A. Canova,Nova Southeastern University

Editorial Reviews

"Professor Steven Ramirez's Lawless Capitalism is a tour de force. The pages are virtually crackling with urgency and deeply considered alternatives to the wayward capitalism currently practiced in the United States. Ramirez, in his critical contribution to the ongoing debate in connection with free markets and governmental regulation, envisions a new and different kind of capitalism. Ramirez's capitalism respects individual potential and human capital, considers equality and fairness, and promotes the abilities of all people, rather than focusing on deeper entrenchment of the elite. Lawless Capitalism meticulously weaves the best thinking of dozens of economists, law professors, sociologists and philosophers into a new conceptualization of an economic rule of law, one that Ramirez fully develops, that offers a better economic way for our nation and the world. Lawless Capitalism is an important book, representing a powerful new voice that literally demands to be heard.

"

Andre Douglas Pond Cummings

"Capitalism and the profit motive can stimulate human productivity and innovation. But they can also lead to corruption, shady politics, and self-dealing. This brilliant book shows how intelligently designed laws and lawsuits can facilitate the former and discourage the latter. . . . Steven Ramirez is the new Andrew Hacker. He wields statistics, numbers, and concepts like a scalpel."

Richard Delgado

"The main value of this book lies in the fact that it 'articulates a legal framework that comprehends the link between law and macroeconomic stability and growth.'"

BIZ INDIA

"[The book] explores the role of corrupted law and regulation in the financial crisis of 2007-09 and its ongoing macroeconomic consequences. [It] presents a legal framework that comprehends the links between law and macroeconomic growth."

Journal of Economic Literature

"Thoughtful, well-constructed volume."

Choice

"Thoughtful, well-constructed volume."- Choice

"Professor Steven Ramirez's Lawless Capitalism is a tour de force. The pages are virtually crackling with urgency and deeply considered alternatives to the wayward capitalism currently practiced in the United States. Ramirez, in his critical contribution to the ongoing debate in connection with free markets and governmental regulation, envisions a new and different kind of capitalism. Ramirez's capitalism respects individual potential and human capital, considers equality and fairness, and promotes the abilities of all people, rather than focusing on deeper entrenchment of the elite. Lawless Capitalism meticulously weaves the best thinking of dozens of economists, law professors, sociologists and philosophers into a new conceptualization of an economic rule of law, one that Ramirez fully develops, that offers a better economic way for our nation and the world. Lawless Capitalism is an important book, representing a powerful new voice that literally demands to be heard."-Andre Douglas Pond Cummings,Indiana Tech Law School

"Ramirez catalogues the many ills and failures in the American economic system, casting a broad net that implicates governing institutions, political and corporate elites, and their policy agendas. He provides a valuable contribution to discussions on reforming capitalism and restoring the foundations of middle class prosperity through a renewed commitment to transparency, economic democracy, and the rule of law."-Timothy A. Canova,Nova Southeastern University

From the Publisher

"Ramirez catalogues the many ills and failures in the American economic system, casting a broad net that implicates governing institutions, political and corporate elites, and their policy agendas. He provides a valuable contribution to discussions on reforming capitalism and restoring the foundations of middle class prosperity through a renewed commitment to transparency, economic democracy, and the rule of law."

Timothy A. Canova