Karl Renner. The Institutions of Private Law and Their Social Functions.

CONTENTS

Introduction / O. Kahn-Freund

I – LEGAL INSTITUTIONS AND ECONOMIC STRUCTURE

Section I. The Problem

1 – Norms

2 – Legal Institutions and their Component Norms

3 – The Economic and Social Functions of the Legal Institutions

Section II. The Organisation; and the Correlation of the Functions

1 – The Organising Functions

2 – The Economic Function in Particular

3 – The Concept of the Social Function

II – THE FUNCTIONAL TRANSFORMATION OF PROPERTY

Section I. Principles and Methods of Analysis

1 – Patrimonial Property

2 – Transformations in the Substratum of Property

3 – The Right of Personal Freedom

4 – The Social Character Mask of the Persona and the Economic Form of the Res

Section II. The Development of Capitalist Property and the Legal Institutions Complementary to the Property Norm

1 – Property and the Contract of Employment

2 – The Most Recent Development of Property and Labour

3 – Property and the Contracts of Alienation

4 – Property and the Contracts of Restitution

5 – Landed Property and its Complementary Institutions

Section III. Capitalist Property and its Functions

1 – The Function of Appropriation

2 – The Function of Accumulation

3 – Expropriation as a Function of Capitalist Property

4 – Mutual Displacement of Surplus Value and Wages Revenue

Section IV. Capitalist Property and the Law Relating to Associations

1 – Accumulation and Association

2 – Association and Ownership

3 – Association and Credit

Section V. Property and the Law of Family Relationships

1 – Family and Income

2 – The Capitalist’s Household

3 – The Worker’s Household. Social Insurance

4 – Additional Contributions to the Wages Fund

5 – The Family of the Worker

Section VI. Ownership and the Law of Succession

III – SOCIOLOGICAL ANALYSIS OF FUNCTIONAL CHANGE

Section I. Norm and Substratum

1 – Change of the Substratum. Economic Evolution

2 – External Limits ofthe Efficacy of the Norm

3 – The Change of Functions and the Absolute Lack of Functions

4 – Ineffective Functioning. “Idolatry of the Decree”

Section II. The Change of Function and Its Various Forms

1 – Purely Quantitative Changes

2 – Social Interconnections

3 – The Divorce of Technical from Legal Use

4 – Dissociations into Partial Functions

5 – The Function as a Whole

Section III. The Function Becomes Divorced from the Legal Institution

1 – Property Becomes Divorced from the Owner

2 – The Capital Function is now Detached from the Res

3 – The Object Acquires Many Functions. The Subject is Deprived of All Functions

Section IV. The Unit of Business and the Unit of Property Cease to Coincide

1 – The Size of the Working Concern as Technical Optimum

2 – The Size of the Concern as a Fortuitous Incident of the Law

3 – Property as an Impediment to Concentration and Nationalisation

Section V. Modern Possessions. The Aggregate of Assets and Liabilities

Section VI. The Development of the Law

1 – Change of Functions and Change of Norms

2 – Complementary Institutions Displace the Principal Institution

3 – Complementary Institutions of Public Law Force the Private Law Institutions into the Background

4 – Legal Doctrine and the Tasks of Society