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Three Projects in the New Law and Finance

Author

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  • Awrey Dan

    (Cornell University, Cornell Law School, Myron Taylor Hall, Ithaca, 14850, New York, US)

Abstract

This article is a review of Katharina Pistor’s book The Code of Capital: How the Law Creates Wealth and Inequality. Using modern derivatives markets as a case study, it explores the important contributions – and limits – of Professor Pistor’s story about the role of the law and lawyers as the master coders of capitalism. This exploration reveals three distinct projects: a historical coding project, an intellectual decoding project, and a policy-driven recoding project. The fact that these projects are so intricately intertwined posed unique challenges for scholars, but also holds out a potential blueprint for a new law and finance.

Suggested Citation

  • Awrey Dan, 2021. "Three Projects in the New Law and Finance," Accounting, Economics, and Law: A Convivium, De Gruyter, vol. 11(1), pages 9-25, March.
  • Handle: RePEc:bpj:aelcon:v:11:y:2021:i:1:p:9-25:n:1
    DOI: 10.1515/ael-2020-0069
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    References listed on IDEAS

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    3. La Porta, Rafael & Florencio Lopez-de-Silanes & Andrei Shleifer & Robert W. Vishny, 1997. "Legal Determinants of External Finance," Journal of Finance, American Finance Association, vol. 52(3), pages 1131-1150, July.
    4. Milhaupt, Curtis J. & Pistor, Katharina, 2008. "Law & Capitalism," University of Chicago Press Economics Books, University of Chicago Press, number 9780226525273, October.
    5. Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer & Robert W. Vishny, 1998. "Law and Finance," Journal of Political Economy, University of Chicago Press, vol. 106(6), pages 1113-1155, December.
    6. Jackson, Howell E. & Roe, Mark J., 2009. "Public and private enforcement of securities laws: Resource-based evidence," Journal of Financial Economics, Elsevier, vol. 93(2), pages 207-238, August.
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    9. Krahnen, Jan Pieter & Pelizzon, Loriana, 2016. ""Predatory" margins and the regulation and supervision of central counterparty clearing houses (CCPs)," SAFE White Paper Series 41, Leibniz Institute for Financial Research SAFE.
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    Cited by:

    1. Herc, Luka & Pfeifer, Antun & Duić, Neven & Wang, Fei, 2022. "Economic viability of flexibility options for smart energy systems with high penetration of renewable energy," Energy, Elsevier, vol. 252(C).

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    More about this item

    Keywords

    law and finance; legal theory of finance; derivatives;
    All these keywords.

    JEL classification:

    • K - Law and Economics
    • K0 - Law and Economics - - General
    • K2 - Law and Economics - - Regulation and Business Law
    • G - Financial Economics
    • G2 - Financial Economics - - Financial Institutions and Services
    • G20 - Financial Economics - - Financial Institutions and Services - - - General

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