If history is any guide, the long-term solution when the courts are aligned against liberal and progressive causes is not to “reform” the politics out of the courts, but, rather, to confront the courts through politics itself.
If CLS was right to point out that law is a form of politics, why does the separation between law and politics exist and persist in our contemporary capitalist society, practically and institutionally if not conceptually?
To understand courts’ relation to the reproduction of economic domination requires close investigation of how they actually work for different types of litigants.
Understanding the law’s role in the project of Israeli colonization requires examining how distinct legal frameworks applied across a legally fragmented space can nevertheless share a common defining logic. One manifestation of this shared logic becomes evident by scrutinizing claims to land adjudicated by Israeli courts: Israeli state agencies and Jewish settler groups are treated as presumptively proper claimants of property while non-Jewish Palestinians are treated, at best, as dwellers who are not entitled to claim property but merely inhabit the land at the sufferance of Israeli authorities.
In liberal-leftist discourses, both Zionist and otherwise, the pivotal year for what is called the Israeli-Palestinian conflict is 1967. Israel’s control over all aspects of Palestinians’ lives, both those who live within the ‘Jewish state’ and those who reside in the Occupied Territories, renders the 1967 paradigm not only unpersuasive, but ridiculous.
Much attention has been rightly paid to the billions of dollars that the U.S. government hands over to Israel every year, regardless of Israel’s war crimes, or even the warnings of military and diplomatic experts’ that such support might harm U.S. strategic interests in the region. Less public scrutiny has been trained on the U.S. government’s indirect support to the Israeli settlement enterprise through the export of private actors, ideology and capital. But the colonization of Palestine has always been a multinational endeavor that extends beyond state-based support and that is inextricably intertwined with private forms of action.
This post is part of our symposium on The Neoliberal Republic by Antoine Vauchez and Pierre France. Read all posts here. The Neoliberal Republic offers an insightful portrayal of how neoliberalism has permeated France in the past decades. The book helps us to grasp how the legal universe has been deeply implicated in the power…
This post is part of our symposium on The Neoliberal Republic by Antoine Vauchez and Pierre France. Read all posts here. Like many other new shiny things, it ended with disappointment. Emmanuel Macron’s victory in 2017 was hailed as the advent of ‘le nouveau monde’ vis-à-vis the old political elites—a glimmer of hope in the…
This post is part of our symposium on The Neoliberal Republic by Antoine Vauchez and Pierre France. Read all posts here. The Neoliberal Transformation of the State Antoine Vauchez and Pierre France take the reader backstage in The Neoliberal Republic, providing empirically rich insights into how neoliberalism has permeated French state institutions. More specifically, their…
This post is part of our symposium on The Neoliberal Republic by Antoine Vauchez and Pierre France. Read all posts here. Here is a simple story. France, whose economy was largely in state hands, decides to privatize many state-owned enterprises. This move is inspired both by neoliberal theories promoting the superior economic benefits of markets…
This post is part of our symposium on The Neoliberal Republic by Antoine Vauchez and Pierre France. Read all posts here. For most scholars and commentators in France and abroad, the election of Emmanuel Macron as president was met with surprise and dismay. The rapid ascent to the apex of power of a thirty-nine-year-old technocrat…
The last few decades have been characterized by the return of market fundamentalism: the belief that society can and should be organized through the institutional mechanism of “self-regulating markets.” Many expected that the 2008 financial crisis might constitute a blow to pervasive market expansion and a check on global dominance of private corporations. Not so.…
The anti-discrimination framework imagines a situation where authorities unjustifiably favor some categories of its population over others. While this analysis is not wrong, it obscures how Zionism – the political movement for a state for all Jews in the world and Israel’s official ideology – privileges even foreign Jews, to varying extents, over indigenous Palestinians. The systemic harm here is not merely discrimination; it is one of colonialism. And when we speak of colonialism – and especially settler colonialism, which seeks not only to rule native populations but to replace them – the logic of racial capitalism is seldom far behind.
Is private violence simply an epiphenomenon in a settler colonial society like Israel – or does it, together with official indulgence of it, perhaps serve a more systemic function?
Increasingly progressives are championing “public options” as a response to various market failures. Public options in the all-important health care space stand in for old-school regulation of private providers and old-school redistribution (to better support those struggling to pay for private insurance and medical services). Public options in banking, likewise championed by leading progressives, work substantially…
