1st Edition

The Politics of Legality in a Neoliberal Age

Edited By Ben Golder, Daniel McLoughlin Copyright 2018
    226 Pages
    by Routledge

    226 Pages
    by Routledge

    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


    Contributor Biographies


    ‘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


    Ben Golder teaches courses on law and social theory, on public law, and on the politics of human rights, in the Faculty of Law at the University of New South Wales. He is an Associate Editor of the journal, Contemporary Political Theory, a member of the Editorial Committee of the UK-based journal, Law and Critique, a member of the Editorial Board of the Australian Journal of Human Rights, and a member of the Editorial Board of the radical, open access publisher, Counterpress. His most recent book is Foucault and the Politics of Rights (Stanford, 2015).

    Daniel McLoughlin is Senior Lecturer in the Law School at the University of New South Wales. He is the editor of Agamben and Radical Politics (Edinburgh University Press, 2016) and has published extensively on theories of sovereignty, biopolitics and government in journals including Theory & Event, Law and Critique, Law, Culture and the Humanities, and Angelaki.