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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Redefining the Market-State Relationship: Responses to the Financial Crisis and the Future of Regulation

ISBN13: 9781138639454
Published: December 2015
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2013)
Price: £34.99
Hardback edition , ISBN13 9780415691284

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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book offers an interdisciplinary study of the market-state relationship drawing on law, economics, and politics. It addresses the changing nature of this relationship, exploring the place law and regulation occupy in setting limts on market activity. The book argues in favour of greater regulation of markets, taking the view that mandatory rules backed by legal enforcement are the only way to control market behaviour in a way that guarantees the common good.

The financial crisis has brought to global attention a deep problem with modern economic governance. This problem is that financialised capitalism elevates the profit-making motive of markets beyond the reach of democratic politics. As markets become completely dis-embedded from their social and political backgrounds, the state, as the protector of the public good, needs to intervene to forcibly re-embed markets into the rest of the social structure. This realisation has two main consequences. One is that the dichotomy of state and market is still a valid methodological tool in interpreting relations in 21st century capitalism. Another consequence is that de-regulation, the main vehicle for dis-embedding market processes from social controls, needs to be reversed. In summary therefore, the book seeks to demonstrate that not only a larger role for the state is necessary as a way out of the current financial crisis, but also that only a larger role for law can guarantee a reconnection of popular control with economic decision making. This emphasis on the state is justified because, the book argues, the state as an expression of democratic political choices is the only viable route to legitimate decision making on issues of economic governance.

Banking and Finance
Part 1: Theory
1. The State-Market Relationship
2. The Role of Law in Markets

Part 2: Crisis
3. Deregulation and Financial Crises
4. The Crisis of 2008
5. Responses to the Credit Crunch

Part 3: The Future
6. Reflections on the Short Term
7. Reflections on the Long Term
8. Conclusion

Series: Routledge Research in Finance and Banking Law

£31.71 + £6.34 VAT
£34.28 + £6.86 VAT
Competition Law and Financial Services (eBook) ISBN 9781134090860
Published March 2014
£28.28 + £5.66 VAT
Competition Law and Financial Services ISBN 9780415828819
Published March 2014
Fiduciary Law and Responsible Investing: In Nature's Trust ISBN 9780415691369
Published April 2013
£28.28 + £5.66 VAT
£28.28 + £5.66 VAT