Abstract
This article analyses how one of the aspects of law (little discussed in the literature) is as a series of techniques in practice which facilitate the activities of the current model of capitalism. Commonalities are drawn between traditional trusts law and offshore trusts law enabling tax avoidance; company law and the extraction of value from businesses (as with BHS); how corporate governance failures in UK company law enable the avoidance of personal liability (as with Carillion and Enron), and their comparison with the regulation of banks; and how the concept of ‘industrial democracy’ set out in the 1970s enables a different way of modelling these legal techniques. This article prefaces in a little more detail the work of the Corporate Governance Policy Review which I am leading for the British Labour Party in 2018.
Original language | English |
---|---|
Pages (from-to) | 58-87 |
Number of pages | 30 |
Journal | King's Law Journal |
Volume | 29 |
Issue number | 1 |
Early online date | 5 Aug 2018 |
DOIs | |
Publication status | Published - 28 Sept 2018 |
Keywords
- capitalism
- capitalist economics
- tax avoidance