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Legal Theory in John R. Commons' Legal Foundations of Capitalism

Author

Listed:
  • Thierry Kirat

    (CERCRID - Centre de Recherches Critiques sur le Droit - UL2 - Université Lumière - Lyon 2 - UJM - Université Jean Monnet - Saint-Étienne - CNRS - Centre National de la Recherche Scientifique)

Abstract

Paper prepared for the book edited by Véronique Dutraive and Takayuki Nakahara. Commons occupies a special position in institutionalism for his commitment to understanding the legal embedding of American capitalism and the relationship between the legal and economic orders. The article analyzes Commons' approach to law and characterizes his levels of analysis. Commons, notably in "Legal Foundations of Capitalism", read certain legal writings from which he drew lessons for his own analysis, in a double movement of influence and appropriation. He drew on Hohfeld's juridical matrix and some of his critics to develop his theory of transactions

Suggested Citation

  • Thierry Kirat, 2025. "Legal Theory in John R. Commons' Legal Foundations of Capitalism," Working Papers halshs-04941795, HAL.
    • Handle: RePEc:hal:wpaper:halshs-04941795
    Note: View the original document on HAL open archive server: https://shs.hal.science/halshs-04941795v1
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