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General Conclusion

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The Tools of Law that Shape Capitalism

Part of the book series: Economic and Financial Law & Policy – Shifting Insights & Values ((EFLP,volume 3))

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Abstract

To the extent that average people, by not starting a revolution against the forces of capitalism (as predicted by Marxism), nor by not deploying democratic (voting) rights to start voting away political parties that swear by the dictates of neoliberalism (or similar socio-economic ideologies), seem to lack all basic interest in the outlook of the socio-economic order in which they function, one may wonder if humanity will ever be able to replace the system of capitalism by a more just and fair socio-economic model.

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Notes

  1. 1.

    To paraphrase Levinas (see Goud (1992), p. 176): after centuries of reflection, it is by now sufficiently known, or at least knowable, where to find “holiness”, albeit that there may be an urgent need that humanity, in sufficient numbers, really starts looking for it.

    In one of his interviews, Levinas summarized this insight as follows (see Forié and Nemo (2006), p. 69):

    Yes! The other is more important than me, I am there for the other. The duties of the other towards me, are his business, not mine!

  2. 2.

    See furthermore Byttebier (2018), p. 227 a.f., Sects. 5.45.7.

  3. 3.

    See Sect. 5.4 of Byttebier (2018), p. 227.

  4. 4.

    See Sect. 5.6 of Byttebier (2018), p. 235.

  5. 5.

    See Sect. 5.5 of Byttebier (2018), p. 233.

    Similarly to Christian charity, one of the five pillars of Islam is “Zakat” or “Zakah”, which could be translated as “charity” or “alms-giving”. Although not defined in the Holy Qu’ran, Muslims thus believe that they are meant to share their wealth with those less fortunate in their community of believers. (See for instance https://www.khanacademy.org/humanities/ap-art-history/cultures-religions-ap-arthistory/a/the-five-pillars-of-islam.) In many cases, a zakat-tax is paid to a religious official or representative of the Islamic state or to a representative of a local mosque. This amount is traditionally set at one-fortieth, or 2.5%, of the value of all liquid assets and income-generating properties owned by the believer. It is used to feed the poor, encourage conversion to Islam, ransom captives, help travelers, support those devoting themselves to God’s work, relieve debtors, defend the faith, and any other purpose deemed appropriate. The zakat in this way serves as a reminder of one’s broader social responsibilities to the community. (See http://www.oxfordislamicstudies.com/article/opr/t125/e1859 (last consulted on March 5 2019); see also https://tempemosque.com/zakat-the-third-pillar-of-islam/ (last consulted on March 5 2019)).

    On a religious level, Islam teaches that wealth is a gift from Allah, and that it can all be easily taken away by Him without prior warning. It is on this basis that Muslims are encouraged to please Allah with their wealth so that He adds them more and preserves that which He has already blessed them with. The teaching further goes that Allah is free from any need of one’s wealth, but rather, He wants those He has blessed with wealth to show awareness of Him and love for their fellow human beings by giving them support through the wealth they have amassed. (See https://tempemosque.com/zakat-the-third-pillar-of-islam/; last consulted on March 5 2019).

  6. 6.

    See Sect. 5.7 of Byttebier (2018), p. 238.

  7. 7.

    See Byttebier (2017), Chaps. 4 and 5, for a detailed blueprint of such a new monetary system.

References

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  • Byttebier K (2018) The unfree market and the law. On the immortality of making capitalism unbridled again. In: Byttebier K, van der Borght K (eds) Economic and financial law & policy – shifting insights & values, vol I. Springer International Publishing, Cham

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  • Forié F, Nemo P (2006) 11 gesprekken – Emmanuel Levinas aan het woord. Ten Have, Kampen

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Byttebier, K. (2019). General Conclusion. In: The Tools of Law that Shape Capitalism. Economic and Financial Law & Policy – Shifting Insights & Values, vol 3. Springer, Cham. https://doi.org/10.1007/978-3-030-24182-7_8

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  • DOI: https://doi.org/10.1007/978-3-030-24182-7_8

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