Sublime

If the Court were faithful to the Constitution, we would not have massive pretrial detention on the basis of predictions of dangerousness. We would not have coercive plea bargains, which would dramatically lower the number of convictions and require prosecutors to focus on the most serious crimes worthy of the time for a trial instead of mass

For centuries, private attorneys have molded and adapted these legal modules to a changing roster of assets and have thereby enhanced their clients’ wealth. And states have supported the coding of capital by offering their coercive law powers to enforce the legal rights that have been bestowed on capital.

Realizing the centrality and power of law for coding capital has important implications for understanding the political economy of capitalism.

When we do, we assume the politicians are clients in a patron–client relationship, and we assume their obligations will cloud their impartial judgment.

The law is a powerful tool for social ordering and, if used wisely, has the potential to serve a broad range of social objectives; yet, for reasons and with implications that I attempt to explain, the law has been placed firmly in the service of capital.