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The Code of Capital


Synopsis


A compelling explanation of how the law shapes the distribution of wealth

What is it that transforms a simple object, an idea, or a promise to pay into an asset that creates wealth? Katharina Pistor explains how, behind closed doors in the offices of private attorneys, capital is created-and why this little-known activity is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the various ways that debt, complex financial products, and other assets are selectively coded to protect and reproduce private wealth. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it.

Summary

Chapter 1: The Paradox of Capital

Summary:
Capitalism is a paradoxical system that simultaneously generates wealth and inequality. This chapter introduces the concept of "capital" as a self-expanding force that drives economic growth. However, the distribution of this capital tends to favor the wealthy, leading to the accumulation of wealth in a few hands.

Example: The rise of the internet created immense wealth for founders like Jeff Bezos and Mark Zuckerberg. However, despite the economic boom, many workers in the tech industry faced stagnant wages and precarious employment.

Chapter 2: The Rise of Shareholder Value

Summary:
In the 1980s, the ideology of shareholder primacy became dominant, leading to a shift in corporate focus from stakeholder interests to maximizing shareholder returns. This resulted in a wave of mergers, acquisitions, and layoffs as companies sought to boost stock prices.

Example: The private equity firm Bain Capital acquired Toys "R" Us in 2005, saddling it with debt. The company's subsequent bankruptcy resulted in thousands of job losses and the closure of numerous stores.

Chapter 3: The Financialization of the Economy

Summary:
The financial sector has become increasingly prominent in modern capitalism, with complex financial instruments and speculation driving economic growth. This financialization has led to increased risk and volatility, contributing to the 2008 financial crisis.

Example: The subprime mortgage crisis of 2007-2008 was fueled by the issuance of risky mortgages to subprime borrowers. When the housing market crashed, these mortgages defaulted, leading to a collapse in the financial system.

Chapter 4: The Inequality Machine

Summary:
Capitalism tends to exacerbate inequality through mechanisms such as wage stagnation, privatization of public assets, and tax cuts for the wealthy. This growing gap between the rich and the poor undermines social cohesion and economic stability.

Example: In the United States, the top 1% of earners captured 95% of income growth between 2009 and 2017. This inequality has led to increased poverty, homelessness, and social unrest.

Chapter 5: The Digital Revolution

Summary:
The digital revolution is transforming capitalism, with technology giants like Amazon and Google playing a dominant role. These companies wield immense power over markets, information, and labor, raising concerns about antitrust violations and the erosion of privacy.

Example: Amazon's dominance in e-commerce has led to the closure of traditional brick-and-mortar stores and the loss of jobs in the retail sector. The company has also faced criticism for its monopolistic practices and the exploitation of its workers.

Chapter 6: The Future of Capitalism

Summary:
The author argues that capitalism is at a crossroads. It can either evolve into a more just and sustainable system or succumb to its inherent contradictions. He proposes a series of reforms, including expanding worker ownership, increasing taxes on wealth, and investing in public infrastructure.

Example: The "Make America Great Again" movement in the United States and the rise of populist parties in Europe reflect a backlash against the perceived failures of capitalism. These movements seek to address economic inequality and restore a sense of national belonging.