After decades of deregulation and innovation, contemporary financial markets remain firmly anchored in law and legal institutions. The idea that private financial actors simply want to escape government oversight and regulation is simplistic as private interests find the coercive powers of the state too useful to forgo. Instead, such actors engage law selectively to create a more certain environment for themselves and their profit-seeking activities. Contract law adds certainty to financial transactions; law shapes how financial actors use information and exploit (...) information technology; law constitutes financial values; and law allows financial institutions to be turned into assets. Law’s application is shaped by changing conceptions of risk, as well as by new business models for financial institutions. (shrink)

This article critically analyzes the assumption that land is becoming increasingly scarce and that, therefore, farmland values are bound to rise across the globe. It investigates the process of land value creation, as well as its flipside: value erosion and stagnation, looking at the various mechanisms involved in each. As such, it is a study of how the financialization of agriculture affects the process of land commoditization. I show that, for farmland to be turned into an asset, a whole range (...) of conditions have to be fulfilled, presenting a typology of asset making in the context of farmland. Asset making, like commoditization, is a process of assemblage, and it is less straightforward and less stable than generally assumed. Further, I argue that ‘asset making’ is not a one-way process. The article is based on an analysis of global data on land values and the case of farmland investment in post-Soviet farmland. (shrink)