Corporations and the law: Historical lessons for contemporary practice

Abstract

This article examines the role of the courts, especially the Supreme Court, in facilitating the development of a capitalist economy and enhancing corporate power. Theoretically, I employ an approach which treats the law as a constitutive process. I first survey key legal developments in the nineteenth century through which the courts fostered and nurtured the development of a capitalist economy. Then I analyze the post‐New Deal era, examining the transformation of economic doctrines by the Supreme Court to legitimate a newly emergent corporate‐administrative state. In the last part of the article I use this historical analysis to address contemporary issues for the Left of how to bring about fundamental change in the United States. I discuss the degree to which the law can be used as a means of progressive reform and how strategic legal choices are related to the debate about social movement, discourse, class‐based, and political strategies for change.     

Book reviews

Lena Jonson, The Tajik War: A Challenge to Russian Policy (Discussion Paper No. 74) London: Royal Institute of International Affairs, 1998. Pp.54, no index. NP. ISBN 1‐ 86203–061–8.

Charles‐Philippe David and Jacques Lévesque (eds.), The Future of NATO: Enlargement, Russia and European Security. Montreal: McGill‐Queen ‘s University Press, 1999. Pp.xii + 261, incl. notes, no index. Cdn $65 (cloth); Cdn $22.95 (paper). ISBN 0–7735–1850–9 and 1872‐X (paper).

Emanuel Adler and Michael Barnett (eds.), Security Communities. New York: Cambridge University Press, 1998. Pp.xiii + 462, index. $69.95 (cloth); $24.95 (paper). ISBN 0–521–63953–0 and ‐63051–7.

A.S. Panarin, Global'noe politicheskoe prognozirovanie v usloviyakh strategicheskoy nestabil'nosti [A Global Political Forecast under Conditions of Strategic Instability]. Moscow: Editorial URSS, 1999, Pp.277. NP. ISBN 5–8360–0027–1.

Nikolai Bindyukov and Petr Lopata, Osobaya tret'ya sila: Novyy politicheskiy fenomen [The Special Third Force: A New Political Phenomenon]. Moscow: ITRK, 1999. Pp.321. NP. ISBN 5–88010–066–9.

A. Podberezkin and V. Makarov, Stategiya dlya budushchego prezidenta Rossii: Russkiy put’ [A Strategy for the Future President of Russia: The Russian Path]. Moscow: Dukhovnoe Nasledie, 2000. Pp.168. 21 Rubles. ISBN 5–86014–106–8.

Nash put’: Strategicheskie perspektivy razvitiya Rossii v XXI veke: Tezisy kontspetual'nogo proekta [Our Path: Strategic Perspectives on the Development of Russia in the 21st Century: The Theses of a Conceptual Project], Moscow: ZAO ‘Russkoe Zoloto (A. P. Tarantsev), 1999. Pp.143. 49 Rubles. ISBN 5–8186–0002–5.     

Democracy promotion: the relationship of political parties and civil society

Organizations involved in the growing field of democracy promotion need to find effective ways to aid both political parties and civil organizations and, where necessary, to foster close collaboration between them. But they also must respect their autonomy and help them realize their own democratic objectives. It is important to recognize the differences between the two sectors: civil society should not be subordinate to parties, and it would be a mistake to wrap the party sector into an undifferentiated concept of civil society. Strategies to assist democracy should, then, distinguish between four main political contexts: authoritarian; emerging democracy; post-dictatorial situations where government is not committed to democracy; and war-torn or post-conflict countries.     

Charles Peirce’s Categories and the Growth of Reason

Charles Peirce’s semeiotic is inseparable from his account of the three categories of experience and his metaphysics. The discussion summarizes his account of the categories and considers the way they have ontological implications. These implications are then focused on Peirce’s Apapism, which is his way of referring to a theory of evolution. Finally, some suggestions are offered for a way the semeiotic with the metaphysical implications, especially their relevance for a theory of evolution, propose how Peirce might apply them for questions of jurisprudence.

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Substance Use and Intimate Violence Among Incarcerated Males

The purpose of this study was to examine substance use patterns among a sample of incarcerated males who report engaging in levels of intimate violence, as well as identifying similarities and differences in demographic, economic status, mental health, criminal justice involvement, relationships, and treatment factors for three groups of incarcerated males - those who report perpetrating low intimate violence, those who report perpetrating moderate intimate violence, and those who report perpetrating extreme intimate violence the year preceding their current incarceration. Findings indicated that low intimate violence group's perpetration consisted almost exclusively of emotional abuse. Moderately intimate violent males and extremely intimate violent males, however, report not only high rates of emotional abuse but physical abuse as well. The distinction between moderate and extremely violent groups was substantial. Findings also indicated that perpetrators at different levels of violence in this study did not vary significantly in age, employment history, marital status, or race. However, the three groups showed significant differences in three main areas: (1) cocaine and alcohol use patterns, (2) stranger violence perpetration and victimization experiences, and (3) emotional discomfort. Implications for substance abuse and mental health treatment interventions and for future research are discussed.