Administrative / Constitutional Law

The Politics of Legality in a Neoliberal Age

Edited by Ben Golder · Daniel McLoughlin
Routledge August 2017

Specifications

ISBN-13
9781138121768
Publisher
Routledge
Publication
August 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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

Acknowledgements
Contributor Biographies
Introduction
‘The Politics of Legality in a Neoliberal Age’
Ben Golder and Daniel McLoughlin
Section One: The Law and Legality of Neoliberalism
Chapter One: ‘Transformations of the Rule of Law: Legal, Liberal, and Neo-’
Martin Krygier
Chapter Two: ‘Thatcherism as an Extension of Consensus’
Michael Gardiner
Chapter Three: ‘Foucault and Becker: A Biopolitical Approach to Human Capital and the Stability of Preferences’
Miguel Vatter
Section Two: Constituting Neoliberalism
Chapter Four: ‘Constructing "Privatopia": The Role of Constitutional Law in Chile’s Radical Neoliberal Experiment’
Javier Couso
Chapter Five: ‘The Rise of Juridical Neoliberalism’
Thomas Biebricher
Chapter Six: ‘Neoliberalism as Legalism: International Economic Law and the Rise of the Judiciary’
Ntina Tzouvala
Section Three: Human Rights and Neoliberalism
Chapter Seven: ‘A Powerless Companion: Human Rights in the Age of Neoliberalism’
Samuel Moyn
Chapter Eight: ‘An Unlikely Resonance? Subjects of Human Rights and Subjects of Human Capital Reconsidered’
Zachary Manfredi
Chapter Nine: ‘Articulating Human Rights Discourse in Local Struggles in a Neoliberal Age’
Zeynep KivilcimAcknowledgements
Contributor Biographies
Introduction
‘The Politics of Legality in a Neoliberal Age’
Ben Golder and Daniel McLoughlin
Section One: The Law and Legality of Neoliberalism
Chapter One: ‘Transformations of the Rule of Law: Legal, Liberal, and Neo-’
Martin Krygier
Chapter Two: ‘Thatcherism as an Extension of Consensus’
Michael Gardiner
Chapter Three: ‘Foucault and Becker: A Biopolitical Approach to Human Capital and the Stability of Preferences’
Miguel Vatter
Section Two: Constituting Neoliberalism
Chapter Four: ‘Constructing "Privatopia": The Role of Constitutional Law in Chile’s Radical Neoliberal Experiment’
Javier Couso
Chapter Five: ‘The Rise of Juridical Neoliberalism’
Thomas Biebricher
Chapter Six: ‘Neoliberalism as Legalism: International Economic Law and the Rise of the Judiciary’
Ntina Tzouvala
Section Three: Human Rights and Neoliberalism
Chapter Seven: ‘A Powerless Companion: Human Rights in the Age of Neoliberalism’
Samuel Moyn
Chapter Eight: ‘An Unlikely Resonance? Subjects of Human Rights and Subjects of Human Capital Reconsidered’
Zachary Manfredi
Chapter Nine: ‘Articulating Human Rights Discourse in Local Struggles in a Neoliberal Age’
Zeynep Kivilcim
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