Capitalism and the Equity Fetish

Desire, Property, Justice

Authors: Herian, Robert

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  • 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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eBook 74,89 €
price for Spain (gross)
  • ISBN 978-3-030-66523-4
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Hardcover 93,59 €
price for Spain (gross)
  • ISBN 978-3-030-66522-7
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions & severe weather in the US may cause delays
  • Usually ready to be dispatched within 3 to 5 business days, if in stock
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About this book

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.

About the authors

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.

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

Table of contents (10 chapters)

Table of contents (10 chapters)

Buy this book

eBook 74,89 €
price for Spain (gross)
  • ISBN 978-3-030-66523-4
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 93,59 €
price for Spain (gross)
  • ISBN 978-3-030-66522-7
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions & severe weather in the US may cause delays
  • Usually ready to be dispatched within 3 to 5 business days, if in stock
  • The final prices may differ from the prices shown due to specifics of VAT rules

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Bibliographic Information

Bibliographic Information
Book Title
Capitalism and the Equity Fetish
Book Subtitle
Desire, Property, Justice
Authors
Copyright
2021
Publisher
Palgrave Macmillan
Copyright Holder
The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG
eBook ISBN
978-3-030-66523-4
DOI
10.1007/978-3-030-66523-4
Hardcover ISBN
978-3-030-66522-7
Edition Number
1
Number of Pages
XVII, 225
Number of Illustrations
1 b/w illustrations
Topics