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The Symbols of Hierarchy
The Symbols of Hierarchy

The Symbols of Hierarchy

Building a durable democratic constitutional politics requires taking seriously the symbolic practices and spectacles sustaining hierarchy. Unless the left develops public forms of collective power that enable people to see themselves as participants in democratic life, it risks rebuilding state capacity while leaving the symbols of hierarchical domination in place.

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AI as a Public Utility

In thinking about how to regulate AI as a public utility, there are two big questions: which layers of the AI stack warrant regulation, and which tools of public utility law are best suited to each layer?

What Law Cannot Explain (or Solve) about Capitalism

If capitalism is a legal regime above all else, then legal reform is not only necessary but sufficient in order to achieve democratic self-governance, ecological sustainability, and equality. As the collapse of the WTO and the rise of China suggest, however, law alone does not decide who holds economic power.

Rewriting the Laws of Capitalism

When new constitutional orders came about in the 18th and 19th centuries, they left intact the private legal order that they inherited from feudalism, entrenching property rights and contracts as bulwarks against economic democracy. Reforming this system will require placing private law on a normative foundation that is compatible with democratic self-ordering.

A Social Theory of Law in Capitalism

Understanding law’s role in producing the imperatives of capitalism and the relative power of those who occupy different roles in production allows us to identify reforms capable of transforming the structure of those relations.

Recent

Weekly Roundup: Nov. 6

Kate Jackson and Katharina Pistor conclude our symposium on The Law of Capitalism and How to Transform it, while Nicholas Almendares examines a novel deregulatory strategy at the SEC. Plus, ALPE announces a full-day pre-conference, Sabeel Rahman launches a new substack, Quinn Slobodian chats with Ezra Klein, the Guardian investigates Louisiana’s for-profit. . .

Weekly Roundup: Oct. 30

Ganesh Sitaraman on public utility regulation and AI, Zohra Ahmed and Brishen Rogers on the latest developments of the ALPE, and a roundtable on the right to stay and private law. Plus, Sharon Block, Ben Sachs, and Laura Weinrib on the legality of the Harvard Grad Students Union strike, Elettra Bietti on two legal avenues for reducing tech’s addictive. . .