The Legal Infrastructure of Securities Markets / April 2017

Markets are complex institutional infrastructures. They may take the form of informal clubs, private or public trading platforms or complex networks of parties and counter parties with or without clearing houses or sophisticated information technology linking market participants to each other. Yet, little attention is paid to how the organization of markets affects outcomes, including the distribution of power and wealth.

On April 10, 2017, Delphine Nougayrède and David Donald presented their recent work on the legal infrastructure of securities markets. Delphine tackled the transparency of ownership in securities markets; David placed the advance of computer, and in particular blockchain technology, into a broader historical perspective of market transformations.

New Publication – Just Financial Markets?

Just Financial Markets?

Oxford University Press, 2017

About Just Financial Markets? Finance in a Just Society

Edited by Lisa Herzog

Chapter 8 “Money’s Legal Hierarchy” by CGLT Director, Katharina Pistor

Well-functioning financial markets are crucial for the economic well-being and the justice of contemporary societies. The Great Financial Crisis has shown that a perspective that naively trusts in the self-regulating powers of free markets cannot capture what is at stake in understanding and regulating financial markets. The damage done by the Great Financial Crisis, including its distributive consequences, raises serious questions about the justice of financial markets as we know them.

This volume brings together leading scholars from political theory, law, and economics in order to explore the relation between justice and financial markets. Broadening the perspective from a purely economic one to a liberal egalitarian one, the volume explores foundational normative questions about how to conceptualize justice in relation to financial markets, the biases in the legal frameworks of financial markets that produce unjust outcomes, and perspectives of justice on specific institutions and practices in contemporary financial markets.

Written in a clear and accessible language, the volume presents analyses of how financial markets (should) function and how the Great Financial Crisis came about, proposals for how the structures of financial markets could be reformed, and analysis of why reform is not happening at the speed that would be desirable from a perspective of justice.

From the Publisher

New Publication – Governing Access to Essential Resources

Columbia University Press, 2015

Contributions by:
Nikhil Anand, Vanessa Casado-Pérez, Manase Kudzai Chiweshe, Michael Cox, Hanoch Dagan, Alain Durand-Lasserve, Michael B. Dwyer, Derek Hall, John Hursh, James Krueger, Laila Macharia, Scott McKenzie, Nilhari Neupane, Eva Pils, Edella Schlager, Vamsi Vakulabharanam

About Governing Access to Essential Resources

Essential resources do more than satisfy people’s needs. They ensure a dignified existence. Since the competition for essential resources, particularly fresh water and arable land, is increasing and standard legal institutions, such as property rights and national border controls, are strangling access to resources for some while delivering prosperity to others, many are searching for ways to ensure their fair distribution.

This book argues that the division of essential resources ought to be governed by a combination of Voice and Reflexivity. Voice is the ability of social groups to choose the rules by which they are governed. Reflexivity is the opportunity to question one’s own preferences in light of competing claims and to accommodate them in a collective learning process. Having investigated the allocation of essential resources in places as varied as Cambodia, China, India, Kenya, Laos, Morocco, Nepal, the arid American West, and peri-urban areas in West Africa, the contributors to this volume largely concur with the viability of this policy and normative framework. Drawing on their expertise in law, environmental studies, anthropology, history, political science, and economics, they weigh the potential of Voice and Reflexivity against such alternatives as pricing mechanisms, property rights, common resource management, political might, or brute force.

-> Read Governing Access to Essential Resources online!