The Institutions of Private Law and Their Social Functions

ISBN-13: 9781138536357 / Angielski / Twarda / 2017 / 333 str.

Eli Ginzberg; Karl Renner

Opis

In the English-speaking world, Karl Renner is by far the best-known among the Austro-Marxists who were active in the Austrian socialist movement during the first few decades of the twentieth century

Spis treści

INTRODUCTION TO THE TRANSACTION EDlTION
INTRODUCTION by O. KAHN-FREUND, LL.M., Dr. Jur., Reader in Law, University of London
Translator's Note
CHAPTER I
LEGAL INSTITUTIONS AND ECONOMIC STRUCTURE
SECTION I. The Problem
1 Norms
2 Legal Institutions and their Component Norms
3 The Economic and Social Functions of the Legal Institutions
Notes
SECTION II. The Organisation; and the Correlation of the Functions
1 The Organising Functions
2 The Economic Function in Particular
3 The Concept of the Social Function
Notes
CHAPTER II
THE FUNCTIONAL TRANSFORMATION OF PROPERTY
SECTION I. Principles and Methods of Analysis
1 Patrimonial Property
2 Transformations in the Substratum of Property
3 The Right of Personal Freedom
4 The Social Character Mask of the Persona and the Economic Form of the Res
Notes
SECTION II. The Development of Capitalist Property and the Legal Institutions Complementary to the Property Norm
Property and the Contract of Employment
a Property Becomes Power of Command
b Property Assumes the Function of Organisation
c Property Dissolves the Old Social Order
d Property Becomes Control of Strangers
2 The Most Recent Development of Property and Labour
3 Property and the Contracts of Alienation
a Older Types of Alienation
b The Contract of Sale and its Economic Function
c Purchase and Profit
d Competition and Market
e The Merchant: His Economic Character Mask and His Legal Personality
f The Social Function of Commercial Business
4 Property and the Contracts of Restitution
a Money, its Substratum and its Legal Norm
b Loan and Interest
c The Social Function of the Credit System
5 Landed Property and its Complementary Institutions
a Agricultural Lease
b Urban Lease
c Mortgage
Notes
SECTION III. Capitalist Property and its Functions
The Function of Appropriation
a Dislocations in the Substratum. The Capitalist Function of the Property-Object
b Economic and Legal Property
2 The Function of Accumulation
a Distribution as a Function of Capital. The Specific Capitalist Manner of Appropriation
b Accumulation as a Function of Capital
3 Expropriation as a Function of Capitalist Property
4 Mutual Displacement of Surplus Value and Wages Revenue
Notes
SECTION IV. Capitalist Property and the Law Relating to Associations
I Accumulation and Association
2 Association and Ownership
3 Association and Credit
Notes
SECTION v. Property and the Law of Family
Relationships
Family and Income
2 The Capitalist's Household
3 The Worker's Household. Social Insurance
4 Additional Contributions to the Wages Fund
5 The Family of the Worker
Notes
SECTION VI. Ownership and the Law of Succession
Notes
CHAPTER III
SOCIOLOGICAL ANALYSIS OF FUNCTIONAL CHANGE
SECTION I. Norm and Substratum
1 Change of the Substratum. Economic Evolution
2 External Limits of the Efficacy of the Norm
3 The Change of Functions and the Absolute Lack of Functions
4 Ineffective Functioning. "Idolatry of the Decree"
Notes
SECTION II. The Change of Function and Its Various Forms.
1 Purely Quantitative Changes
2 Social Interconnections
3 The Divorce of Technical from Legal Use
4 Dissociations into Partial Functions
5 The Function as a Whole
Notes
SECTION III. The Function Becomes Divorced from the Legal Institution
Property Becomes Divorced from the Owner
2 The Capital Function is now Detached from the Res
3 The Object Acquires Many Functions. The Subject is Deprived of All Functions
Notes
SECTION IV. The Unit of Business and the Unit of Property Cease to Coincide
1 The Size of the Working Concern as Technical Optimum
2 The Size of the Concern as a Fortuitous Incident of the Law
3 Property as an Impediment to Concentration and Nationalisation
Notes
SECTION V. Modern Possessions. The Aggregate of Assets and Liabilities
SECTION VI. The Development of the Law
1 Change of Functions and Change of Norms
2 Complementary Institutions Displace the Principal Institution
3 Complementary Institutions of Public Law Force the Private Law Institutions into the Background
4 Legal Doctrine and the Tasks of Society
Notes
Index

O autorze

Eli Ginzberg