Capitalism v. Democracy

"In Capitalism v. Democracy, Professor Timothy Kuhner convincingly shows that by blurring the line between economic and democratic values and rationalities, the legal regime governing money in politics has made this corrosion manifest. Professor Kuhner's impressive book brings economic and political theory to bear on the evolution of the constitutional law of democracy, which he argues not only permits but "amplifie[s]" the substitution of democratic values for free-market notions of economic competition in the political sphere . . . Professor Kuhner's timely book will interest scholars and reformers alike."Harvard Law Review "This book made me realize just how dangerous supreme courts can be for matters of inequality and democracy."Thomas Piketty, Author of Capitalism in the Twenty-First Century "Law professor Timothy Kuhner has written an exhaustive, learned analysis of the Supreme Court's campaign finance jurisprudence, drawing on legal, political science, and economics perspectives. It is at the same time a sustained, passionate polemic against the contributions of the Roberts Court to that jurisprudence . . . The book is essential for those interested in election law or campaign finance reform, and makes useful contributions in the fields of political economy and democratic theory."Daniel Hoffman, Law and Politics Book Review "As informed and informative as it is thoughtful and thought-provoking, Capitalism v. Democracy: Money in Politics and the Free Market Constitution is a minor masterpiece of political science and judicial scholarship. A seminal contribution to academic library collections, Capitalism v. Democracy is exceptionally well-written, organized, and presented, making it ideal for the non-specialist general reader seeking a better and non-partisan understanding of the impact money has on democracy and the American political system."Jack Mason, Midwest Book Review "Timothy Kuhner is one of today's most important young legal thinkers. Bringing a highly sophisticated understanding of both law and economics to bear on the critical relationship between democracy and the 21st century marketplace, Capitalism v. Democracy avoids easy answers and empty slogans. A must-read for anyone concerned with the health of American constitutional democracy, regardless of political inclinations."Jefferson Powell, Duke University School of Law "After Citizens United and McCutcheon, it is essential to think about the relationship of money to politics and the rights of corporations in our constitutional democracy. Timothy Kuhner has written a brilliant examination of these issues. All concerned with American democracy (which should be all of us) need to read this insightful book about political power at a time when money, and the corporations that possess it, have increasing influence."Erwin Chemerinsky, University of California, Irvine School of Law "This powerfully written work teaches us a fundamental lesson about American politics today: that the demand for reform is not partisan. From the Right and Left, Kuhner shows why the rules that corrupt both democracy and capitalism must change."Lawrence Lessig, Harvard Law School

Timothy K. Kuhner is Associate Professor of Law at the University of Auckland.

1. The Question Raised by America's Design 2. Free Market Democracy 3. Corporations Speak 4. Consumer Sovereignty 5. Why Capitalism Governs Democracy 6. Plutocracy 7. Capitalism and Democracy Reconciled