Overview
Is a provocative, interdisciplinary, and critical appraisal of civil justice, property, and the laws that shape and command them within capitalism
Addresses how capitalism has imagined and shaped equity and civil justice since the nineteenth century
Highlights how equity supports agile neoliberal strategies of justice and reason in the twenty-first century
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Table of contents (10 chapters)
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Front Matter
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Back Matter
Keywords
About this book
Reviews
Rob Herian’s book breaks new ground in equity. It will become a standard reference point for critical thinking on the jurisprudence of the common law’s peculiar unconscious.
-- Professor Adam Gearey, Birkbeck Law School, University of London
In private law theory Equity is either lauded as a jurisprudence of justice or feared as an anti-liberal jurisprudence undermining law and economy alike, while in critical legal theory Equity has largely been overlooked. Dr Herian’s ground-breaking Capitalism and the Equity Fetish is the first sustained critique of Equity’s contribution to and intensification of capitalism, and thereby subverts existing positions on Equity in private law theory and marks the first major analysis of Equity drawing on the critical legal canon. Bringing the resources of critique, particularly the insights of psychoanalysis via Marx and Freud, to bear on Equity and essential questions civil justice in the context of neoliberal capitalism, Dr Herian argues that there is such a thing as an Equity fetish, a psychological effect aimed at achieving ‘complete justice’ within a capitalism, a desire that can never be fulfilled. Capitalism and the Equity Fetish is a tour de force, weaving together legal and economic history and theory with psychoanalysis and political economy; the books contains insights and ideas that cannot be found in the existing literature on Equity and is essential reading for lovers and critics of Equity alike.
-- Nick Piška, Senior Lecturer in Law, University of Kent and co-founder of the Equity & Trusts Research Network
Authors and Affiliations
About the author
Bibliographic Information
Book Title: Capitalism and the Equity Fetish
Book Subtitle: Desire, Property, Justice
Authors: Robert Herian
DOI: https://doi.org/10.1007/978-3-030-66523-4
Publisher: Palgrave Macmillan Cham
eBook Packages: Political Science and International Studies, Political Science and International Studies (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021
Hardcover ISBN: 978-3-030-66522-7Published: 22 January 2021
Softcover ISBN: 978-3-030-66525-8Published: 22 January 2022
eBook ISBN: 978-3-030-66523-4Published: 21 January 2021
Edition Number: 1
Number of Pages: XVII, 225
Number of Illustrations: 1 b/w illustrations
Topics: International Relations, Social Justice, Equality and Human Rights, Law and Economics