Replacing the liberal subject with the vulnerable one, and the responsive state with the restrained one, exposes the ways in which current corporate jurisprudence is blind to the allocation of resilience in society. Introducing vulnerability theory to corporate law may therefore help to ensure that all stakeholders have equal access to the corporation’s resources and assets.
The laws that apply to market activities have long catered to the interests of seasoned market actors. Who, then, is to watch out for us lay market users?
Given the human condition of inevitable uncertainty and fragility, societal prosperity depends on supporting diversely situated knowledge and inclusive power—not on maximizing rewards for a few seemingly superior winners.
The LPE Blog introduces a particularly effective way to begin ridding the law of neoliberalism: the vulnerability theory.
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…
Embracing the terms “economy” and “political economy,” as LPE has done, risks invoking just the kind of separate, reified realm that we are trying to critique. In our view, defining “the economy,” and studying how legal institutions have done so, should be central issues that LPE scholarship aims to address.
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.…
What drives free-market family policy is a fundamentally wrongheaded view about the economy and the ends it should serve. US policymakers equate the economy with markets alone, and then treat rising GDP as the sum total of economic success. But the economic system, properly conceived, is, simply yet more broadly, the system for getting people the resources they need to flourish—material, caretaking, educational, and leisure—individually and collectively. (This is the first post in a symposium.)
As law and political economy scholars take aim at the deficiencies of dominant modes of legal thought and chart a path for law to promote a more just and egalitarian society, they must also attend to the role of algorithmic systems and algorithmic thought in shaping political imaginations. By the same token, computer and information scientists interested in computation’s role in social reforms would do well to learn from the critiques and proposals of the LPE community.
As critiques of the centrality of neoliberal economic logic gain traction, we must take care that such work does not simply clear the path for an emerging hegemony of neoliberal computational logic. Instead, we must be attentive to proponents of the epistemic and political dominance of computational mechanisms, and we must critique them on similar grounds and with similar urgency.
In a recently published article, we use the case of agricultural market liberalization in India to explore what we see as a counter-intuitive aspect of neoliberal governance: that paradoxically, states may desire particular kinds of markets – and hence market actors – to strengthen their political control.
