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The Financial Crisis in Constitutional Perspective: The Dark Side of Functional Differentiation (International Studies in the Theory of Private Law)

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The Financial Crisis In Constitutional Perspective: The Dark Side Of Functional Differentiation (International Studies In The Theory Of Private Law)

This volume presents the first thorough, sociologically informed legal analysis of the financial crisis which unfolded in 2008. It combines a multitude of theoretically informed analyses of the causes, dynamics, and reactions to the crisis, and it contextualizes these within the general structural transformations characterizing contemporary society. It furthermore explores the constitutional implications of the crisis and suggests concrete changes to the constitutional set-up of contemporary society. Although the question of individual responsibility is of crucial importance, the book's central idea is that the crisis cannot be reduced to a mere failure of risk perception and management for which individual and collective actors within and outside of financial organizations are responsible. The 2008 crisis should rather be understood as a symptom of far deeper structural transformations. For example, contemporary society is characterized by massive accelerations in the speed by which societal processes are reproduced, as well as radical expansions in the level of globalization. These transformations have, however, been asymmetrical in nature insofar as the economic system has outpaced its legal and political counterparts. The future capability of legal and political systems to influence economic reproduction processes is therefore conditioned by equally radical transformations of their respective operational forms and self-understandings. Potentially, the 2008 crisis therefore has far reaching constitutional implications.

Hart Publishing

Hart Publishing

Niall Ferguson

Niall Ferguson

No of Pages
464
Publisher
Hart Publishing
ISBN-13
9781841130101
Awards
None
Book Format
Hardcover
Published Date
Jul 29, 2011

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About Niall Ferguson

Niall Ferguson, MA, D.Phil., is a senior fellow of the Hoover Institution, Stanford, and a senior fellow of the Center for European Studies, Harvard. He is also a visiting professor at Tsinghua University, Beijing, and the Diller-von Furstenberg Family Foundation Distinguished Scholar at the Nitze School of Advanced International Studies in Washington, DC. 

He is the author of fourteen books. His first, Paper and Iron: Hamburg Business and German Politics in the Era of Inflation 1897-1927, was short-listed for the History Today Book of the Year award, while the collection of essays he edited, Virtual History: Alternatives and Counterfactuals, was a UK bestseller. In 1998 he published to international critical acclaim The Pity of War: Explaining World War One and The World’s Banker: The History of the House of Rothschild. The latter won the Wadsworth Prize for Business History and was also short-listed for the Jewish Quarterly/Wingate Literary Award and the American National Jewish Book Award. In 2001, after a year as a Houblon-Norman Fellow at the Bank of England, he published The Cash Nexus: Money and Power in the Modern World, 1700-2000.

In 2003 Ferguson wrote and presented a six-part history of the British Empire for Channel 4, the UK broadcaster. The accompanying book, Empire: The Rise and Demise of the British World Order and the Lessons for Global Power, was a bestseller in both Britain and the United States. The sequel, Colossus: The Rise and Fall of the American Empire, was published in 2004 by Penguin, and prompted Time magazine to name him one of the 100 most influential people in the world. Two years later he published The War of the World: Twentieth-Century Conflict and the Descent of the West, a television adaptation of which was screened by PBS in 2007. The international bestseller, The Ascent of Money: A Financial History of the World, followed in 2008; it too was a PBS series, winning the International Emmy award for Best Documentary, as well as the Handelszeitung Economics Book Prize. In 2011 he published Civilization: The West and the Rest, also a Channel 4/PBS documentary series. A year later came the three-part television series “China: Triumph and Turmoil.” The book based on his 2012 BBC Reith lectures, The Great Degeneration: How Institutions Decay and Economies Die, was a New York Times bestseller within a week of its publication.

An accomplished biographer, Ferguson published High Financier: The Lives and Time of Siegmund Warburg in 2010 and is currently writing a life of Henry Kissinger, the first volume of which has just been published—to critical acclaim—as Kissinger, 1923-1968: The Idealist. In 2011 his film company Chimerica Media released its first feature-length documentary, “Kissinger”, which won the New York Film Festival’s prize for Best Documentary.

Ferguson was the Philippe Roman Visiting Professor at the London School of Economics in 2010-11. He is a member of the board of trustees of the American Academy in Berlin and the New York Historical Society. His many prizes and awards include the Benjamin Franklin Prize for Public Service (2010), the Hayek Prize for Lifetime Achievement (2012) and the Ludwig Erhard Prize for Economic Journalism (2013).

In addition to writing a weekly column for the Sunday Times (London) and the Boston Globe, he is the founder and managing director of Greenmantle LLC, a Cambridge-based advisory firm. He also serves on the board of Affiliated Managers Group.

Niall Ferguson is married to the author and women’s rights activist Ayaan Hirsi Ali. He has four children.

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