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LPE Originals

What to Watch: The Thirteen Best Panels Streaming This Weekend

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Forget Netflix, Hulu, and Amazon. Over the next three days, you’ll want to turn that dial to Law and Political Economy: Labor, Social Control, and Counterpower. From the comfort of your own home, stream panels on the legal regulation of data and technology, socialist constitutionalism, decarcerating the welfare state, and so much more. Zoom links for the various panels can be found within this post, along with some paired blog posts from our (vast) archive.
LPE Originals

What CLS Meant by the Indeterminacy Thesis

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One the CLS movement’s most significant contributions was the theory of law’s inherent tendency towards indeterminacy. Yet, despite broad agreement about its importance, the thesis itself is frequently misunderstood. This confusion arises, in part, because CLS put forward two very different approaches to formulating the indeterminacy thesis. We can, however, unify these two approaches by regarding indeterminacy as a kind of collective experience that legal actors produce as part of their interpretative work, and fight for as part of their shared political projects.
LPE Originals

Rural Civil Disobedience and Fossil Capital: Toward Radical Futures

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Civil disobedience has long been a core dimension in the struggles against the ravages of the coal, oil, and natural gas industries in the rural United States. While Indigenous-led resistance to the Dakota Access Pipeline is the most prominent recent example, the past decade has witnessed acts of civil disobedience in such far-flung locations as the Montana coalfields, the Keystone XL Pipeline in Texas, and pipelines in Minnesota and Louisiana. How should we make sense of these actions? And what can these acts of rural resistance teach us about our understanding of civil disobedience?
LPE Originals

What Will Worldmaking Require?

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Building on Adom Getachew’s account of anticolonial “worldmaking,” Olúfẹ́mi O. Táíwò defends reparations as a worldmaking project aimed at creating a world free from domination. Yet given this ambition, his targets for climate justice seem, if anything, too modest: why stop with eliminating tax havens or endowing the Global Climate Fund? Why not aim at the reorganization of the global economy itself, as many anti-colonial leaders once did? And if we accept these broader ambitions, what political formations might plausibly advance the project of anticolonial climate reparations?
LPE Originals

Reconsidering Reparations

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For better or worse, our world stands on the precipice of major changes. Our current energy system is driving a rapidly unfolding climate crisis, and the need for total transformation “at every level of society” is now the prevailing scientific opinion. Given this context, Reconsidering Reparations argues for two things. First, reparations for trans-Atlantic slavery and colonialism should be seen as a future-oriented project engaged in building a just social order. Second, if we accept that view, then reparations and the struggle for racial justice should be directly linked to the struggle for climate justice.
LPE Originals

Your Boss Doesn’t Care About You

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Through redistribution, or perhaps a scheme cooperative ownership, we can mitigate inequality while still harnessing the power of markets. This is, at least, the promise of market socialism. Yet all markets, even socialist markets, require its participants to act with a certain set of motives if they are to produce efficient outcomes. And it is these motives that inhibit us from caring about one another in our productive activities. To avoid such alienation, we must decommodify the means of production and reallocate control of capital from private corporations to local workers and municipalities.
LPE Originals

Reading the Post-Neoliberal Right

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Setting aside their habit of quoting Augustine, the post-neoliberal right can at times sound surprisingly like fellow travelers in their critique of the market. So how does their vision of life after neoliberalism differ from our own? And what does their arrival on the scene mean for the LPE movement?
LPE Originals

Corporate Personhood & Corporate Purpose: A Response to Carly Knight

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In a recent post, Carly Knight argues that resuscitating the vision of the corporation as a “creation of the state” is an important part of reclaiming the progressive argument for increased corporate accountability. In this response, Dan Rohde suggests that, rather than subscribe to one unified theory of “the corporation,” progressives would be better served by attending to the roles and purposes that the huge variety of legal entities play in our society, and determining their rights, protections, and powers accordingly.
LPE Originals

International Law and (the Critique of) Political Economy

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International law has a thriving critical scene, arguably bigger and more institutionally established than any other field. Yet political economy has been an unstable point of focus for critical international lawyers, in part because the justifications of the status quo in the international domain never coalesced into anything akin to a ‘21st-century synthesis.’ This picture of fragmentation and instability helps explain why Marxism provides a useful set of intellectual tools for approaching law, in particular, and social formations in general.
LPE Originals

Trans Emancipation Through Challenging the State

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With unrelenting devastation, the lives of transgender people are being targeted in prisons, streets, schools, and state capitals. This all-encompassing violence toward trans/queer people is often framed as a product of individual hate and transphobia, a cynical political ploy, or both. And the solution to such violence is often framed as recognition of trans identities by the state. Two new books by leading scholars of gender and political science broaden our understanding of the source of this violence, underscoring the degree to which it represents a defining feature of government and governing more broadly.

LPE Originals

How the Corporation Lost Its Image as a “Creature of State”

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Previously recognized as quasi-public institutions whose shareholders received corporate privileges in exchange for the fulfillment of public goods, corporations are today primarily understood to be private economic actors. This conceptual shift is in some ways quite puzzling. Despite the changing nature of the relationship between states and corporations throughout the 19th century, corporate business entities always, in practice, remained embedded in state and political institutions. How, then, did the image of the corporation as a “creature” or a “creation” of the state come to be replaced with an understanding of the corporation as a “pure creature of the market”?
LPE Originals

Democracy Without Law?

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Two different mortal threats to democracy have been on vivid display this past year: Trump’s January 6 insurrection and the Supreme Court’s rampage through statutory and constitutional law. Considering these events on split-screen raises some uncomfortable questions about LPE analysis of democracy, law, and courts. In particular, certain law-is-just-politics views deployed to dismiss the Court seem to foreclose criticism of Trump’s attempted coup as lawless. More generally, for democratic institutions to assert and receive primacy requires some conception of law that does not just dissolve back into “politics.”
LPE Originals

Moral Equality, Marxism, and Outraged Empathy

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In her earlier work, Marta Russell called readers attention to the economy as a factor producing disablement and argued that we needed to re-embed the market in society, to tame businesses’ need to profit via the social policies of an interventionist state. By the end of her career, however, Russell had gone further, focusing on capitalism itself. Her solution expressed not a Polanyian ideal of a somewhat more egalitarian capitalism, but a Marxist aspiration to a vastly better and more egalitarian society, achievable only by ending capitalism through collective action.
LPE Originals

Capitalism & Disability: A Symposium on the Work of Marta Russell

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The modern disability rights movement has been primarily oriented around seeking labor inclusion through the expansion of civil rights statutes. Despite this, few disability theorists have approached the study of disability from an explicitly political economic perspective. Marta Russell, the author of several groundbreaking but lesser-known works on disability and capitalism, is one of the rare exceptions. This symposium celebrates her work and encourages the rediscovery of the political economy of disability.