Institutional leaders must affirm that advocacy for Palestinian rights, as well as concern for and celebration of Palestinian lives, is squarely within the sphere of legitimate discourse.
Are we liberals or low-key Marxists? What is our theory of the "capitalism" that we so often attack? And above all, how do we understand the role of law in the making and unmaking of social order? Sam Moyn kicks off a new year at the Blog by asking whether the Law and Political Economy movement needs deeper theoretical foundations than it has so far been willing to articulate.
Willy Forbath’s return to the Weimar Constitution is inspiring. I will just point out of a couple of limits to turning back to it in the present — limits that strike me as difficult to overcome.
Katharina Pistor’s new book, The Code of Capital: How the Law Creates Wealth and Inequality, deserves to be the essential text of any movement today that concerns itself with law and political economy. It establishes, as its central topic, how fundamental law is to political economy, in the tradition of classical social theory but with a considerable update in light of contemporary affairs. And, more fully than anything else I know, it vindicates the LPE intuition that legal intellectuals have something essential to bring to the current and ongoing debate about markets and injustice.
The nomination of Brett Kavanaugh to the Supreme Court is on the knife’s edge. The stakes are higher than for the confirmation of any American judge in our lifetimes. For that reason alone, it is probably not a good time to stage a general debate whether and in what sense law is something more than…
In my brief rejoinder, I will focus on the criticisms for the sake of ongoing discussion — most of which reveal the biases and exclusions in the book’s coverage, when it comes to the past or the present. And I want to cop to those, clearly, totally, and upfront.