Legal Professionals and Development Strategies: Corporate Lawyers and the Construction of the Telecoms Sector in Brazil (1980s–2010s)

Silva, Fabio de Sá e; Trubek, David M.

doi:10.1111/lsi.12310

Cited by 4 publications

(1 citation statement)

References 27 publications

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“…Business lawyers are proactive, both moulding existing rules and lobbying for and helping to formulate new law. This has been documented in a variety of specific fields, such as international taxation (Picciotto, 1995), insolvency and bankruptcy regimes (Halliday and Carruthers, 1993), international arbitration (Dezalay and Garth, 1996), antitrust regulation (Miola, 2016), utilities and infrastructure (de Sa e Silva and Trubek, 2018), as well as in broad political and economic transformations in Africa (Dezalay, 2019), Asia (Dezalay and Garth, 2010) and Latin America Garth, 2010, Pérez-Perdomo, 2006). Since lawyers both create and interpret legal concepts and discourses, legal practices mediate between the political realm, which provides the necessary underpinning of legitimate coercion, and the real-world sphere of economic activities.…”

Section: Law Interpretation and The Mediation Of Power Relationsmentioning

confidence: 99%

On the Sociology of Law in Economic Relations

Miola

Picciotto

2021

Social & Legal Studies

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A focus on law’s role in economic activities was central to many of the classical sociologists, and it remains a key theme in the sociology of law, although no longer central. The view of capitalism as a market economy is reflected in formalist perspectives on economics, law and even sociology, and limits these understandings. Economic sociologists and institutional economists have examined the extensive institutionalisation of economic activity due to the shift to corporate capitalism since the last part of the 19th century, and have focused on law’s role in these processes. The neo-liberal phase of capitalism since the 1970s brought a renewed emphasis on property rights and market-based management, but accompanied by an enormous growth of new forms of regulation, often of a hybrid public-private character, leading to a new view of law as reflective or responsive, very different from traditional formalist perspectives. We argue that law’s role in the economy can be better understood by examining the social processes of lawyering, mediating between the realms of political and economic power, through practices of legal interpretation that both reflect and shape economic activity.

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Section: Law Interpretation and The Mediation Of Power Relationsmentioning

confidence: 99%

On the Sociology of Law in Economic Relations

Miola

Picciotto

2021

Social & Legal Studies

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Legal consciousness and the crypto phenomenon: property ideologies, innovations and potential ramifications on financial system stability

Hung

2024

International Journal of Law in Context

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How does the understanding of law among individuals involved in the crypto phenomenon originate, and how does it impact the trajectory of this innovation? This article examines the legal consciousness of crypto industry participants and state actors, exploring their ideologies on law, property and innovation through extensive document and archival research. It highlights the interplay between the crypto industry’s perception of crypto-assets’ possessing dynamic and self-regulating qualities beyond traditional legal boundaries and the increasing willingness of state actors, despite their reservations, to utilise law as a flexible tool to embrace innovation and promote economic competitiveness. By employing Minsky’s financial instability hypothesis, this article contextualises such legal consciousness within the financial system and contends that collective legal consciousness and associated behavioural dynamics substantially shape state–industry interactions, with the potential to destabilise the financial system. This article sheds light on the challenges presented by crypto-assets and the intricate interplay between law and technological advancements.

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Lawyers and the “new extraction” in Africa

Dezalay

2019

IJSE

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Purpose The purpose of this paper is to examine the ongoing “new extraction” on the African continent. Contrary to mainstream scholarship and policies that see in law an external variable to remedy the “resource curse,” this paper channels attention toward the role of law as an institution of extraction in the longue durée. Unpacking the close association of law with the conversion of economic surpluses and power into enduring social relationships can help trace the mechanisms by which the uneven and unequal connection between Africa and the world is being negotiated, justified and challenged over time. Design/methodology/approach To this end, this paper deploys an approach anchored in political sociology of law and focuses on the roles played specifically by lawyers to trace the “interconnectedness” between European colonialism on the continent and the consolidation of the contemporary international economic and legal political order. It illustrates this approach with the case study of the “Africa” Bar in Paris as a key site in which extractive deals between multinational corporations and Francophone African states are negotiated. Findings This micro focus helps to explain the dual position of the “Africa” Bar in Paris, as offshore yet connected as it is shaped by both imperial legacies and ongoing waves of globalization into the African continent. Originality/value This approach traces a more nuanced explanation of Africa’s unequal and uneven relationship with the global economy as one shaped by the path of imperial legacies and successive and interconnected waves of globalization across Africa.

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Legal Professionals and Development Strategies: Corporate Lawyers and the Construction of the Telecoms Sector in Brazil (1980s–2010s)

Cited by 4 publications

References 27 publications

On the Sociology of Law in Economic Relations

On the Sociology of Law in Economic Relations

Legal consciousness and the crypto phenomenon: property ideologies, innovations and potential ramifications on financial system stability

Lawyers and the “new extraction” in Africa

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