Legal institutionalism: Capitalism and the constitutive role of law
批评了忽视国家作用的自发性法律与产权观念，指出在发达资本主义经济中，法律通过私人主体、法院和立法机构的互动得以维持，是克服契约不确定性和权力结构的关键制度，对理解资本主义发展和发展中经济体至关重要。
Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates for inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part of the power structure of society, and a major means by which power is exercised. This argument is illustrated by considering institutions such as property and the firm. Complex systems of law have played a crucial role in capitalist development and are also vital for developing economies.