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LPE Originals

Contextualizing Contract Law: An LPE 101 Reading List

Contract is, of course, part of the core legal infrastructure that makes markets possible. But it is more than that. As an ideal type, it is at the core of all individualist social, moral, and political theories that seek to account for human sociality while avoiding social structure. Contract represents the ideal of being able…

LPE Originals

“Law is Politics by Other Means?”: In Support of Differentiation

The struggle over Judge Kavanaugh’s nomination for the US Supreme Court and the subsequent horrible spectacle of the Senate hearings brought about a “genuine question” by a leading economist, Dani Rodrik: “how do we prevent ‘the Supreme Court has always been political’ argument from morphing into ‘judicial independence and the rule of law are political…

LPE Originals

No Law Without Politics (No Politics Without Law)

Judge Brett Kavanaugh, now very close to controlling the decisive vote on the Supreme Court, resembles other candidates for high political office. He has a constituency–the Federalist Society, anti-abortion activists, everyone who hopes to see Obamacare weakened and affirmative action ended–and other constituencies in opposition. Lots of money is being raised and spent for and…

LPE Originals

Political Courts and Democratic Politics

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…

LPE Originals

Partisan Warriors and Political Courts

Thursday’s Supreme Court confirmation hearing was a stomach churning, nauseating affair. Christine Blasey Ford laid her life on the tracks, knowing full well that trains delivering important men can rarely be stopped. That was enough, but then came the turn: Brett Kavanaugh, partisan warrior. He tore into Democrats for a process almost entirely dictated by…

LPE Originals

Bias and Exclusion in Human Rights History

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.

LPE Originals

When Splitters become Lumpers: Pitfalls of a Long History of Human Rights

For a close reader of Moyn’s work on human rights, the differences between Not Enough and The Last Utopia are head-spinning. Where the latter attacked the very idea of historic continuity in explaining the human rights movement that emerged in the 1970s, Not Enough builds an entire narrative on continuities. The result is an aspirational history for a reformed human rights movement, a history of roads not taken that can still be reclaimed. By not heeding his own lessons from Last Utopia, Moyn understates the emergent human rights movement’s inability to contest what became neoliberalism.

LPE Originals

What Comes After Not Enough?

Not Enough offers important insights into some of the failures of the existing human rights movement, at least in its mainstream form. Drawing on these, as well as my own experience with the access to medicines movement, I’ll offer a few thoughts on the shape of a human rights yet to come.

LPE Originals

Capitalism, Inequality, and Human Rights

Not Enough is a sweeping, erudite account of the place of human rights in debates about equality from the pioneering days of the Jacobin state in revolutionary France, through the mid-twentieth century welfare state, and the grand decolonial visions of the New International Economic Order (NIEO). With that said, there are two central points on which I find Moyn’s argument lacking: the presentation of “the human rights movement” as some sort of monolith, and Moyn’s understanding of the genesis of inequality under capitalism and, relatedly, the conceptualisation of capitalism, as such.

LPE Originals

Compatibility as Complicity? On Neoliberalism and Human Rights

In his latest book, Sam Moyn contrasts the international human rights movement’s focus on achieving “sufficiency,” with more egalitarian conceptions of national welfare and global justice that aspired to curb the unbridled concentration of private wealth. Importantly, however, the book also insists that human rights are not synonymous with forms of neoliberal economic rationality that led to the post-war welfare state’s dismantling.

LPE Originals

Getting the NIEO Right

Samuel Moyn’s Not Enough provides a fast-paced narrative of the surprising ways we got to where we are now in our moral and political imagination of what is politically possible. While usefully reflecting the 1970s optimism that international law could reduce global inequality, it mischaracterizes the New International Economic Order (NIEO) and leaves open the question of precisely how neoliberalism displaced its utopian aspirations.

LPE Originals

Born-Again Equality

Moyn’s work could be (and in some ways is) a history of a world we have lost, but it’s also an impassioned call for the just world we have not yet had.

LPE Originals

Human Rights and Political Economy

Did the Human Rights movement fail? In his new book, Not Enough: Human Rights in an Unequal World, Samuel Moyn responds in the affirmative. He argues that the international human rights movement narrowed its agenda to address the sufficiency of minimal provision, leaving the movement impotent in the face of rising global inequality and attacks on social citizenship at…

LPE Originals

The Second Republican Revival

As questions of economic inequality have taken center stage in American politics, there has been a growing interest among public law scholars in questions of power, institutional design, inequality, and political economy. Scholars like Zephyr Teachout, Larry Lessig, Yasmin Dawood, and others have used concepts like domination and corruption to diagnose problems of oligarchy, inequality,…