Legal & Political Foundations of Capitalism with Jamee K. Moudud

Heterodox economist Jamee K. Moudud returns to Money on the Left to discuss his new book, Legal and Political Foundations of Capitalism: The End of Laissez-Faire? (Routledge, 2025).

The phrase “institutions matter” is a common refrain among economists, including many who have proposed progressive alternatives to free market fundamentalism. For Moudud, however, this proposition doesn't go far enough, leaving a host of problematic assumptions unquestioned. To remedy this, Moudud draws on the Original Institutional Economics and American Legal Realist traditions to propose a robust theory of legal institutionalism or institutional political economy.

At its core, Moudud argues, society is a political community founded on property rights, money, credit, constitutional law, and legally-endowed corporations. From this premise, he concludes that laissez-faire has never truly existed and that seemingly natural dichotomies between “state intervention” and “deregulation” or “free markets” and “market failures” are as baseless as they are false. Moudud’s book, by contrast, urges us to engage with legal-economic theory and history to understand what institutions are and what economic regulation truly means. He asks: How does law order the economy? How does money shape power relations?

Legal and Political Foundations of Capitalism should be of interest to readers of economics, law, and public policy, as well as those in international and development studies or anyone seeking to explore progressive alternatives in this period of multiple crises.

Visit our Patreon page here: https://www.patreon.com/MoLsuperstructure

Music by Nahneen Kula: www.nahneenkula.com