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.
Author(s): Honor Brabazon (ed.)
Publisher: Routledge
Year: 2017
Language: English
Pages: 227
Tags: Neoliberal Legality, Law, Neoliberal Project
Cover......Page 1
Title Page......Page 4
Copyright Page......Page 5
Dedication......Page 6
Table of Contents......Page 8
Notes on contributors......Page 10
Acknowledgements......Page 12
Introduction: understanding neoliberal legality......Page 14
1 Law, development, and political closure under neoliberalism......Page 35
2 Neoliberalism and economic sovereignty: property, contracts, and foreign investment relations......Page 56
3 Neoliberal law and regulation......Page 74
4 Law, social policy, and the neoliberal state......Page 90
5 Law, neoliberalism and the constitution of political subjectivity: the case of organised labour......Page 105
6 Continuity and rupture in restraining the right to strike......Page 132
7 The promise of rights: international indigenous rights in the neoliberal era......Page 153
8 Dissent in a juridified political sphere......Page 180
9 Alegality: outside and beyond the legal logic of late capitalism......Page 203
Index......Page 223
