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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.
Neoliberalism has been studied as a political ideology, an historical moment, an economic programme, an institutional model, and a totalising political project. Yet the role of law in the neoliberal story has been relatively neglected, and the idea of neoliberalism as a juridical project has yet to be considered. That is: neoliberal law and its interrelations with neoliberal politics and economics has remained almost entirely neglected as a subject of research and debate. This book provides a systematic attempt to develop a holistic and coherent understanding of the relationship between law and neoliberalism. It does not, however, examine law and neoliberalism as fixed entities or as philosophical categories. And neither is its objective to uncover or devise a ‘law of neoliberalism’. Instead, it uses empirical evidence to explore and theorise the relationship between law and neoliberalism as dynamic and complex social phenomena. Developing a nuanced concept of ‘neoliberal legality’, neoliberalism, it is argued here, is as much a juridical project as a political and economic one. And it is only in understanding the juridical thrust of neoliberalism that we can hope to fully comprehend the specificities, and continuities, of the neoliberal period as a whole.
Since the Gezi uprisings in June 2013 and AKP’s temporary loss of parliamentary supremacy after the June 2015 general elections, sharp political clashes, ascending police operations, extra-judicial executions, suppression of the media and political opposition, systematic violation of the constitution and fundamental human rights, and the one-man-rule of President Erdoğan have become the identifying characteristics of Turkish politics. The failed coup attempt on 15th July 2016 further impaired the situation as the government declared emergency rule at the end of which a political regime defined as the “Presidential Government System” was established in July 2018. Turkey’s New State in the Making examines the historical specificities of the ongoing AKP-led radical state transformation in Turkey within a global, legal, financial, ideological, and coercive neoliberal context. Arguing that rather than being an exception, the new Turkish state has the potential to be a model for political transformations elsewhere, problematizing how specific policies the AKP adapted to refract social dispositions have been radically redefining the republican, democratic and secular features of the modern Turkish state.
The late twentieth and early twenty-first centuries are commonly characterised as an age of ‘neoliberalism’ in which individualism, competition, free markets and privatisation came to dominate Britain’s politics, economy and society. This historical framing has proven highly controversial, within both academia and contemporary political and public debate. Standard accounts of neoliberalism generally focus on the influence of political ideas in reshaping British politics; according to this narrative, neoliberalism was a right-wing ideology, peddled by political economists, think-tanks and politicians from the 1930s onwards, which finally triumphed in the 1970s and 1980s. The Neoliberal Age? suggests this narrative is too simplistic. Where the standard story sees neoliberalism as right-wing, this book points to some left-wing origins, too; where the standard story emphasises the agency of think-tanks and politicians, this book shows that other actors from the business world were also highly significant. Where the standard story can suggest that neoliberalism transformed subjectivities and social lives, this book illuminates other forces which helped make Britain more individualistic in the late twentieth century. The analysis thus takes neoliberalism seriously but also shows that it cannot be the only explanatory framework for understanding contemporary Britain. The book showcases cutting-edge research, making it useful to researchers and students, as well as to those interested in understanding the forces that have shaped our recent past.
The Oxford Handbook of Contemporary Middle-Eastern and North African History critically examines the defining processes and structures of historical developments in North Africa and the Middle East over the past two centuries. The Handbook pays particular attention to countries that have leapt out of the political shadows of dominant and better-studied neighbours in the course of the unfolding uprisings in the Middle East and North Africa. These dramatic and interconnected developments have exposed the dearth of informative analysis available in surveys and textbooks, particularly on Tunisia, Libya, Yemen, Bahrain and Syria.
Foucault’s late work on biopolitics and governmentality has established him as the fundamental thinker of contemporary continental political thought and as a privileged source for our current understanding of neoliberalism and its technologies of power. In this volume, an international and interdisciplinary group of Foucault scholars examines his ideas of biopower and biopolitics and their relation to his project of a history of governmentality and to a theory of the subject found in his last courses at the College de France. Many of the chapters engage critically with the Italian theoretical reception of Foucault. At the same time, the originality of this collection consists in the variety of perspectives and traditions of reception brought to bear upon the problematic connections between biopolitics and governmentality established by Foucault’s last works.
This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.
In the early 1990s the then European Community imposed for the first time a set of economic restrictions against a specific entity: the National Union for the Total Independence of Angola. Since then, the individualisation of sanctions has become entrenched, these so-called 'smart' sanctions have proliferated, their targets and scope of application have significantly expanded, and they operate in an increasingly juridified environment. This book aims to shed light on the constitutive dynamics and causes of these developments, with a focus on the juridification of individual sanctions at the European level. To this end it first revisits the phenomenon of individualisation – moving beyond the conventional narrative that individual sanctions emerged because of humanitarian and effectiveness concerns – and situates the 'smarting' of sanctions within the context of broader structural transformations characterised by the consolidation of the global neoliberal order. Second, the book explores why the role of law has been so pronounced in the European context by unearthing the connections between EU law and capitalist order building.
This volume of Studies in Law, Politics and Society brings together an international and interdisciplinary array of scholars to explore issues on the cutting edge of socio-legal research.
Tracing neoliberalism's devastating erosions of democratic principles, practices, and cultures. Neoliberal rationality—ubiquitous today in statecraft and the workplace, in jurisprudence, education, and culture—remakes everything and everyone in the image of homo oeconomicus. What happens when this rationality transposes the constituent elements of democracy into an economic register? In Undoing the Demos, Wendy Brown explains how democracy itself is imperiled. The demos disintegrates into bits of human capital; concerns with justice bow to the mandates of growth rates, credit ratings, and investment climates; liberty submits to the imperative of human capital appreciation; equality dissolves into market competition; and popular sovereignty grows incoherent. Liberal democratic practices may not survive these transformations. Radical democratic dreams may not either. In an original and compelling argument, Brown explains how and why neoliberal reason undoes the political form and political imaginary it falsely promises to secure and reinvigorate. Through meticulous analyses of neoliberalized law, political practices, governance, and education, she charts the new common sense. Undoing the Demos makes clear that for democracy to have a future, it must become an object of struggle and rethinking.