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LPE Originals

LPE in Europe as Critique of Ordoliberalism

The relevance of LPE for Europe might not be instantly obvious. LPE in the U.S. gets part of its conceptual thrust from its opposition to the dominance of Law and Economics, a framework that never achieved the same kind of intellectual hegemony in Europe. But there is a European parallel that could ground critique: the guiding role that ordoliberalism has played in the structuring of the supranational economy. But to get a grip on what LPE has to offer in a critique of ordoliberalism, we must first explore how left legal thought in Europe has engaged with ordoliberalism so far.

LPE Originals

The Regulatory Roots of Inequality in the U.S.

The surge in US economic inequality since the 1970s was powerfully driven by politics and policy. Firms and individuals actively shaped market governance – from corporate governance to labor regulation – in their own favor and then took advantage of that favorable governance in the marketplace. This “inequality snowball” was particularly pronounced in the United States because firms were more aggressive in their business and political strategies and because the political system delivered more winner-take-all policy outcomes than the more consensual political systems of continental Europe and Japan.

LPE Originals

UBI and Immigrants: Lessons from the Pandemic

Surely advocates of such programs do not envision Qatar as their model society. And yet it is too easy to imagine a version of a Gulf state arising from a basic income initiative that provides cash support to citizens, who no longer need to take work that is unsatisfying, while denying it to noncitizens, who are brought in do the difficult and dangerous jobs that remain.

LPE Originals

What the UK Student Rent Strikes Reveal about Financialization

The Bristol Rent Strike, which now has over 1900 students pledging to withhold rent, is one of the many ongoing student strikes across the UK. Over the past few months, students at roughly 20 universities including Manchester, Oxford, and Cambridge have organized mass rent strikes, demanding overall reductions in rent, no-penalty contract releases, and better accommodation conditions. But one significant obstacle stands in their way: Many of these students live in financialized student housing—in buildings owned not by universities but by multi-million-dollar corporations. The financialization of student housing has fundamentally altered the relationship between universities and students and, in so doing, has complicated student resistance against housing injustice.

LPE Originals

Tax Havens: Legal Recoding of Colonial Plunder

The end of European empires during the mid-twentieth century and the independence of former colonies was many things: an oft-violent conflict between unequal opponents, a clash of ideas and ideologies, a struggle over rights and self-determination. Less frequently considered is that decolonization involved a dramatic movement of money and a legal reorganization of access to assets and investments. Having tracked these movements, I have found a surprising connection between decolonization and the expansion of tax havens and tax haven business during the 1950s and 1960s.

LPE Originals

Coordination Rights Beyond Nation States

Conversations about progressive possibilities for economic policy and political economy often undertheorize or ignore international trade. The international economy is often seen as a free-for-all between countries, a space where powerful multinational firms are able to play governments off one another, resulting in a race to the bottom of domestic laws and regulations. Or, it is seen in terms of competition between economies with coherent rules, laws, and industries in the domestic sphere, but where Ricardian comparative advantage wins out internationally. Competition in international markets is seen as a flat state of nature, a “real” free market. By convincing ourselves that international trade and competition exists in a void–or accepting the assumption that it does–we ignore how law, policy, and regulation reshape the economy and commercial relationships to favor certain groups at the expense of others.

LPE Originals

Socialism Past and Future – or Socialism is Past, and the Future?

In Forbath’s telling, Weimar is not a cautionary tale but an opportunity for a do over. There’s much to like, and learn, from rekindling this vision of social democracy. In what follows, I invite other characters to this story, drawing from Mexico’s constitutional history, and raise a few questions about the limits of the social democratic bequest as a compass for our imagination.

LPE Originals

Nationalism and Neoliberal Governance

There is a tension at the heart of the neoliberal state, between the ambition to install the market as a legally-mandated universal norm, and the ambition to nurture the most innovative, competitive and powerful firms and territories.

LPE Originals

Mutant Neoliberalism, Originary Violence, and Feminist Revolts in Latin America

In an interview, Michel Foucault said that when “actually existing” socialism was put in scare quotes, as if it were not exactly “real,” the only thing the scare quotes revealed was the strength of an abstract ideal that theorists invariably used as a measuring stick to evaluate, and theoretically marginalize, whatever was actually happening on the ground. What if we were to apply such an ironic qualification to neoliberalism?

LPE Originals

The Bourgeois Internationale, Part II

As I noted in my first post, it is possible that the COVID-19 pandemic will force a reckoning with the democratic deficit in the European Union and prompt a renewal of left-wing politics across the continent. However, the existing constitutional machinery of the five presidencies that make up the EU is both complex and considerably resistant to change, even (perhaps especially) in a crisis.

LPE Originals

Up or Out: Migration and Rated Governance

Ken Loach’s 2016 film I Am Daniel Blake (2016) depicts post-crash austerity in all of its bleak barbarity. The plot revolves around the film’s protagonist, a middle-aged carpenter, who attempts to navigate the British welfare system after a heart attack makes it hard for him to work. The message the system sends to our unlucky hero is that he is not worthy: of the state’s resources, of an employer’s goodwill, of anyone’s sympathy, of his own basic humanity. On Michel Feher’s assessment, we might add another shortcoming: he isn’t creditworthy, either.

LPE Originals

The Bourgeois Internationale, Part I

Mutant Neoliberalism is an excellent collection of essays canvassing what editors William Callison and Zachary Manfredi rightly diagnose as the changing face of neoliberalism – really, the multiplicity of national, transnational and post-national neoliberalisms – evolving in the aftermath of the 2007-2008 financial crisis. Instead of a mortal wounding, the crisis generated the paradox, as several authors in the collection note, that neoliberalism’s failures led to more, not less, neoliberalism.