The Harvard Law Review calls Capitalism v. Democracy “convincing[]….impressive…timely.”

The book received a very favorable review on
APR 10, 2015 (128 Harv. L. Rev. 1894):
“Capitalism v. Democracy: Money in Politics and the Free Market Constitution. By Timothy K. Kuhner. Stanford, Cal.: Stanford University Press. 2014. Pp. xiii, 360. $27.95. America depends on two foundational institutions — democracy and capitalism. Although each is based on values central to American ideals, the interaction of these institutions can be mutually corrosive. 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 (p. xi). The upshot of subjecting economic competition to a regime of constitutional rights is the loss not only of democracy but also of capitalism: innovation-producing economic competition is neglected amid battles over political influence. Kuhner ultimately determines that ‘[t]he free market theory now governing the law of democracy is so comprehensive and absolute’ that only a constitutional amendment or a change in the Court’s composition could properly separate politics from economics (p. 93). Professor Kuhner’s timely book will interest scholars and reformers alike.”

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