Set against the origins and consequences of the global financial crisis, this timely book offers an enriching and revealing narrative of the role that the state plays in regulating markets. Focusing on core areas of private law such as corporate, labour and banking law, the contributors offer a conceptual framework in which to examine the central tenets of the role of private law in today's global economy. In the current climate of ever increasing economic inequality and austerity measures, the authors highlight the urgent need for a comprehensive analysis of the continuing tension between ideas of market liberalism and theories of society. With a focus on both the domestic and transnational dimensions of market governance, the authors offer a crucial insight into the co-existence and interaction between state and market-based economic governance.
Bertram Lomfeld is Professor of Private Law and Legal Philosophy at the Free University Berlin. Alessandro Somma is Professor of Comparative Law at the University of Ferrara, Italy. Peer Zumbansen is the inaugural Professor of Transnational Law at the The Dickson Poon School of Law, King's College London, where he directs the Transnational Law Institute.
Introduction: reshaping markets and the question of agency Peer Zumbansen; Part I. Crisis and Normality in Transnational Market Regulation: 1. The central problem of Marx's economics and the nature of market regulation David Campbell; 2. Contract law, securitization and the pre-crisis transformation of banking James Varellas; 3. 'Inside' and 'outside' the firm: corporate law and contract governance as regulatory theories Peer Zumbansen; Part II. Austerity Woes: Trials and Tribulations of Debt: 4. The Greek crisis: a critical narrative Iannis Michos; 5. The biopolitics of debt-economy: market order, ascetic and hedonistic morality Alessandro Somma; 6. Credit contracts and the political economy of debt Moritz Renner and Andreas Leidinger; Part III. Reforming Finance: Systematic Risk and Accountability: 7. Why manager liability fails at controlling systemic risk Andreas Engert; 8. How special are they? Targeting systemic risk by regulating shadow banking Tobias Troeger; 9. Fixing finance 2.0 John M. Conley and Cynthia A. Williams; 10. Regulating financial markets: what we might learn from sovereign wealth funds Larry Cata Backer; Part IV. Transforming Contract: 11. Sustainable contracting: how standard terms could govern markets Bertram Lomfeld; 12. Anti-discrimination law and social policy-making Sonja Haberl; 13. European or American style? Cultures of contract regulation Daniela Caruso; Part V. Conceptual Utopia: The Market After the Market: 14. The truth of the market Maria Rosaria Ferrarese; Epilogue: the power of law to reshape markets Bertram Lomfeld.