Lawyers as constructive ideologists of corporate capitalism: The legal framing of software
By: Picciotto, Sol
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Material type: 
BookPublisher: Social & Legal Studies Description: 33(4), Aug, 2024: p.526-555.Subject(s): Lowers, Software, Copyright, Intellectual property, International tax, Corporate capitalism. , Law, Political Economy, Legal Texts, Lawyering Practices, Software, Intellectual Property Rights, International Standards, Tax Avoidance Strategies, Digitalisation, Transnational Corporations, Corporate Capitalism, Social Struggles
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Social & Legal StudiesSummary: This paper examines law as a social process, combining political economy analysis with a sociological focus on lawyering practices that mediate social relations and conflicts through the formulation and interpretation of legal texts. The approach is applied to software, which has become central to the global economy by driving digitalisation and reshaping economic and social life. Lawyers have played a critical role in shaping this transformation, from battles over intellectual property rights in computer programs to embedding them in national and international legal frameworks, and devising tax avoidance strategies that have propelled digital-tech transnational corporations to dominance. These legal contests reflect and shape broader social struggles over economic and political power, situating law as a mediator of contemporary corporate capitalism. The study of law as a social process should combine an analysis of structures from a political economy perspective with a sociological focus on the practices of lawyering in mediating social relations and conflicts through the formulation and interpretation of legal texts. This approach is applied here to software, which has become the oxygen of the world economy, powering the digitalisation that has transformed economic activities and social life. The forms this has taken have been moulded by lawyers, battling over intellectual property rights in computer programs, enshrining them in national law and international standards, as well as devising the international tax avoidance strategies that have helped propel the giant digital-tech transnational corporations to global dominance. These contests have taken place through processes of formulation and interpretation of the legal concepts that both reflect and shape social struggles over economic and political power, mediated by law, in contemporary corporate capitalism.- Reproduced
https://journals.sagepub.com/doi/full/10.1177/09646639231200420
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Articles
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Indian Institute of Public Administration | 33(4), Aug, 2024: p.526-555 | Available | AR133202 |
This paper examines law as a social process, combining political economy analysis with a sociological focus on lawyering practices that mediate social relations and conflicts through the formulation and interpretation of legal texts. The approach is applied to software, which has become central to the global economy by driving digitalisation and reshaping economic and social life. Lawyers have played a critical role in shaping this transformation, from battles over intellectual property rights in computer programs to embedding them in national and international legal frameworks, and devising tax avoidance strategies that have propelled digital-tech transnational corporations to dominance. These legal contests reflect and shape broader social struggles over economic and political power, situating law as a mediator of contemporary corporate capitalism. The study of law as a social process should combine an analysis of structures from a political economy perspective with a sociological focus on the practices of lawyering in mediating social relations and conflicts through the formulation and interpretation of legal texts. This approach is applied here to software, which has become the oxygen of the world economy, powering the digitalisation that has transformed economic activities and social life. The forms this has taken have been moulded by lawyers, battling over intellectual property rights in computer programs, enshrining them in national law and international standards, as well as devising the international tax avoidance strategies that have helped propel the giant digital-tech transnational corporations to global dominance. These contests have taken place through processes of formulation and interpretation of the legal concepts that both reflect and shape social struggles over economic and political power, mediated by law, in contemporary corporate capitalism.- Reproduced
https://journals.sagepub.com/doi/full/10.1177/09646639231200420
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