The limited formal and negative generality of law under liberalism not only makes possible capitalist calculability but also guarantees a minimum of liberty since formal liberty has two aspects and makes available at least legal chances to the weak. For this reason there develops a conflict between the law and the liberties based thereon on the one side, and the requirements of a monopolistic economy on the other side. Under monopolistic capitalism private property in the means of production as the characteristic institution of the entire bourgeois epoch is preserved but general law and contract disappear and are replaced by individual measures on the part of the sovereign.
— Franz Neumann, The Change in the Function of Law in Modern Society, 1937
Large Capitalist firms — banks as well as monopoly concerns — long ago ceased to depend on court proceedings to conduct their affairs with members of other social groups.
— Otto Kircheimer, State Structure and Law in the Third Reich, 1935 pamphlet
What is legalism? It is the ethical attitude that holds moral conduct to be a matter of rule following, and moral relationships to consist of duties and rights determined by rules.
— Judith N. Shklar, Legalism: Law, Morals, and Political Trials, Harvard University Press, 1964
Do not the bourgeois assert that the present-day distribution is ‘fair’? And is it not, in fact, the only ‘fair’ distribution on the basis of the present-day mode of production? Are…