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Re:How ‘big law’ makes big money by jessaustin on Wednesday February 05, 2020 @03:33PM (#22250708)
TFA claims that "Marxist" is the wrong reading of this argument:

If instead, like Pistor, we attribute the production and distribution of wealth to a combination of legalized theft and an elaborately veiled ponzi scheme that moves money around without creating anything of real value, we are certainly speaking the language of the left, but it is a language with a distinctly populist tinge. A true Marxist would at this point interject that only a politics that grasps exploitation at its root, not in the sphere of distribution but in the sphere of production itself, can really offer any escape from prevailing conditions of inequality. But Pistor holds Marxism at a distance both analytically and politically. Understandably enough, she dismisses any prospect of a Marxist revolution against capitalism. Leftist populism, on the other hand, is enjoying a substantial vogue both in Europe and the Americas. And perhaps the best way to read Pistor is as offering a highly sophisticated program for a leftist economic populism.

ISTM your repetition of constitutional platitudes doesn't really address these points. Sure, we shouldn't take properties from the people who own them. Except... that happens all the time in this "best of all possible worlds". The way to retain one's property isn't to trust the Constitution. The way to retain one's property, and that of others as well, is to hire the right lawyers. Which may be the point of this book?

Re:How ‘big law’ makes big money by rayiner on Wednesday February 05, 2020 @04:53PM (#22251357)
I'm saying the article is a Marxist screed, not the book the article is talking about. Nobody who talks about the "violence" of "enclosure" is anything other than a Marxist. It’s expressly Marxist terminology. And I’m flagging that because if you’re not a Marxist, it’s hard to even follow the reasoning of the article.
Re:How ‘big law’ makes big money by jessaustin on Wednesday February 05, 2020 @06:27PM (#22251964)
Sure, and nobody who talks about "natural monopolies" is anyone other than a telecom lawyer. The fact that we have different working vocabularies doesn't mean we can't communicate. I'm not a Marxist, and I'm reading TFA with interest.

A careful reconsideration of how the Law adjudicates questions of property and how it changes hands might lead to a complete Bolshevik confiscation of all the McMansions. That's unlikely, however. It could be that nothing comes of this line of thought. What I would hope, instead, would be for small improvements to be made, so that some of the vast advantages enjoyed by well-lawyered capitalists might be eliminated in favor of a more just and fair system for everyone.

Re:How ‘big law’ makes big money by int_19h on Wednesday February 05, 2020 @08:33PM (#22252716)
Are you claiming that "enclosure" is a Marxist term, or that the notion that the historical process of enclosure involved a significant amount of violence is a Marxist notion?
Re:How ‘big law’ makes big money by machawinka on Wednesday February 05, 2020 @08:56PM (#22252827)
Everytime I see an elemental critic of the these legalisms and its schemes, there is always someone trying to play the marxist card. Someone who hasn't read a single line of Marx's books. This is not marxist. And if it were marxist then: so what?