The Politics of Legality in a Neoliberal Age

✍ Scribed by Ben Golder (editor), Daniel McLoughlin (editor)

• Publisher: Routledge
• Year: 2017
• Tongue: English
• Leaves: 227
• Edition: 1
• Category: Library

✦ Synopsis

This volume addresses the relationship between law and neoliberalism. Assembling work from established and emerging legal scholars, political theorists, philosophers, historians, and sociologists from around the world – including the Americas, Australia, Europe, and the United Kingdom – it addresses the conceptual, legal, and political relationships between liberal legality and neoliberal economics. More specifically, the book analyses the role that legality plays in the dominant economic force of our time, offering both a legal corrective to scholarship in economics and political economy that has paid insufficient attention to legal ideas, and, at the same time, a political economic corrective to legal scholarship that has only recently turned to theorizing neoliberalism. It will be of enormous interest to those working at the intersection of law and politics in our neoliberal age.

✦ Table of Contents

Cover
Half Title
Title Page
Copyright Page
Table of Contents
Acknowledgements
Notes on contributors
An introduction to the politics of legality in a neoliberal age
Neoliberalism?
Why ‘the politics of legality’?
The chapters
PART I: The law and legality of neoliberalism
1. Transformations of the rule of law: legal, liberal, and neo-
Tempering power
Law
Liberalism
Neo-liberalism
Home
Away
2. Thatcherism as an extension of consensus
The state as arithmetic core
The financial blitz
Equal opportunities versus equality
From politics to brand
Economic patriotism, political nationalism
Conclusion
3. Foucault and Becker: a biopolitical approach to human capital and the stability of preferences
Neoliberalism and the priority of the homo oeconomicus
Normativity beyond discipline and punishment
From the cycle of production to the cycle of consumption: the biopolitics of human capital
De gustibus non disputandum est: the biopolitics of preferences
PART II: Constituting neoliberalism
4. Constructing ‘privatopia’: the role of constitutional law in Chile’s radical neoliberal experiment
I Introduction
II Chile’s political and constitutional trajectory
III Dictatorship as the breeding ground for neoliberalism
IV Neoliberalism and constitutional law
V The Constitution of 1980
VI The legitimation of the ‘economic constitution’ in the postauthoritarian
era
VII The impact of a neoliberal constitution
VIII Conclusion
5. The rise of juridical neoliberalism
Introduction
What is neoliberalism?
Neoliberalism and law: Hayek, Böhm and Buchanan
Juridical neoliberalism in practice: from the Stability and Growth Pact to the Treaty on Stability, Coordination and Governance
Concluding thoughts
6. Neoliberalism as legalism: international economic law and the rise of the judiciary
I From GATT to the WTO: the evolution of international trade law and dispute settlement
II From Keynes to Hayek: changing paradigms of international economic law
III International economic law after neoliberalism: the rise of the judiciary
IV Conclusion
PART III: Human rights and neoliberalism
7. A powerless companion: human rights in the age of neoliberalism
I Introduction
II The Garden of Eden of the Rights of Man
III Human rights and neoliberal economics: harmony and dissonance
IV The failure of human rights in the socioeconomic domain
V Conclusion: forms of criticism of human rights
8. An unlikely resonance? Subjects of human rights and subjects of human capital reconsidered
I Toward a history of hybrid governmentalities
II Liberal governmentality vs natural rights? Revisiting Foucault on rights and liberal governmentality
III Genres of the human? Capital, rights, capabilities
IV Concluding reflections
9. Articulating human rights discourse in local struggles in a neoliberal age
Introduction
The anti-HPP movement in Turkey
The movement’s relationship with law and legal instruments
The right to water as a universal right in statu nascendi
Right to water in anti-HPP movement in Turkey
Conclusion
Index