Capitalism and the Equity Fetish: Desire, Property, Justice

Author:   Robert Herian
Publisher:   Springer Nature Switzerland AG
Edition:   1st ed. 2021
ISBN:  

9783030665258


Pages:   225
Publication Date:   22 January 2022
Format:   Paperback
Availability:   Manufactured on demand   Availability explained
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Capitalism and the Equity Fetish: Desire, Property, Justice


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Overview

This book is a provocative, interdisciplinary, and critical appraisal of civil justice, property, and the laws that shape and command them within capitalism. Dr. Herian’s book is both a complementary and countervailing narrative to many mainstream legal accounts, one that critiques core and influential areas of legal knowledge and practice. Central to the book’s thesis is a rich collaboration of ideas and perspectives that consider what is at stake from institutions, concepts, and practices of equity and civil justice tied to the subjective psychic life and the unconscious desires of capitalist stakeholders. The book aims to address several questions, including how capitalism has imagined and shaped equity and civil justice since the nineteenth century; how capitalism acts as a well-spring of desire for forms of justice that wrap-around and sustain complex frameworks of private property power and ownership; and how equity supports agile neoliberal strategies of justice and reason in the twenty-first century.

Full Product Details

Author:   Robert Herian
Publisher:   Springer Nature Switzerland AG
Imprint:   Springer Nature Switzerland AG
Edition:   1st ed. 2021
Weight:   0.325kg
ISBN:  

9783030665258


ISBN 10:   3030665259
Pages:   225
Publication Date:   22 January 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Foreword Chapter 1: Introduction Why Equity? Structure and scope Method Conclusion Chapter 2: Setting the Scene Introduction The (ir)rational structure of law Am I an Equity fetishist? Chapter 3: Reform economics and the ‘Plucked Rib’ of Equity Introduction The pleasure, pain, and pannomion of Jeremy Bentham The age of reform and capital The age of Judicature Chapter 4: The Road to Complete Justice Introduction A problem called Chancery Equity as a means to complete justice Conclusion Chapter 5: Stakeholders of Capitalism Introduction The stakeholder Private property power Trusts, securities and the fantasy of finding the lost object Conclusion Chapter 6: A Different Theory of Civil Justice An introduction to Equity fetishism The language of Equity Freud with Marx Chapter 7: Fetishism in Action Introduction Fetishism and ideology Concepts in relation to fetishism Chapter 8: Equity Fetishism Introduction Belief Disavowal Memorialization Summary Chapter 9: Neoliberalism & Equity Fetishism Introduction The law of neoliberalism Equity within neoliberal thought Legal contortionism as neoliberal strategy Conclusion Chapter 10: Law and the Reality it Masks Introduction (In)competent justice The politics of Equity References Index

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Author Information

Dr. Robert Herian is Senior Lecturer at The Open University Law School (UK) and Co-Founder of the Equity and Trusts Research Network. Robert’s research encompasses equity, trusts, and property law; psychoanalysis; legal history; critical theory and philosophy. He lives in Northwest England with his partner, Chloe, and their border terrier, Billy.

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