Fall 2013

The Crisis of Neoliberal Legal Theory

Listed in: Law, Jurisprudence, and Social Thought, as LJST-354

Formerly listed as: LJST-54

Faculty

Adam Sitze (Section 01)

Description

(Research Seminar) The theory of governance known today as "neoliberalism" is most often understood as a mainly economic policy.  Both its opponents and its proponents seem to agree that neoliberalism is best debated as an ensemble of practices (such as free trade, privatization, deregulation, competitiveness, social-spending cutbacks and deficit reduction) that emphasize the primacy of the free market in and for the arrangement of social and political orders.  But, particularly in its initial theorizations, neoliberalism was also, perhaps even primarily, a philosophic doctrine concerning the place and function of law in and for human civilization in general.  At the 1938 Walter Lippman Colloquium in Paris and then again at the inaugural 1947 meeting of the Mont Pelerin Society in Switzerland, the leading figures of what would later become known as neoliberalism criticized existing economic theories for neglecting basic questions of legal theory and argued that capitalism could not be saved from the perils of socialism and communism without a renewed understanding of, and insistence on, the rule of law.  In this course, we shall take this, the "legal theoretical" origin of neoliberalism, as a point of departure for understanding neoliberalism as a whole.  In the first half of the course, we shall seek to understand neoliberalism on the basis of the way it posed law as a problem for thought.  In relation to what alternate theories of law did neoliberalism emerge?  On what terms did neoliberals reinterpret the "classical" liberalism of Hobbes and Locke?  How did certain concepts of law figure into the way that neoliberal thinkers arrived at their understandings of the basic meanings of life and labor?  In the second half of the course, we shall explore the ways in which various critics of neoliberalism have sought to expose and to question the legal theories at its origin.  How might renewed attention to legal theoretical problems help us today in our attempt to think and act beyond neoliberalism's constitutive limits?  Our goal in all phases of the course will be to reconstruct neoliberal thought on its own terms in order to grasp better its contemporary incoherence, crisis, and dissolution.   Readings will include Samir Amin, Zygmunt Bauman, Michel Foucault, Milton Friedman, Michael Hardt and Antonio Negri, David Harvey, Friedrich Hayek, Maynard Keynes, Naomi Klein, Karl Marx, Ludwig von Mises, Alexander Rustow, and Saskia Sassen.

Requisite:  LJST 110 or consent of the instructor.  Limited to 15 students.  Fall semester.  Professor Sitze.

If Overenrolled: Priority to LJST majors, and then by seniority.

Cost: $18.00 ?

LJST 354 - L/D

Section 01
W 02:00 PM - 04:00 PM MERR 315

This is preliminary information about books for this course. Please contact your instructor or the Academic Coordinator for the department, before attempting to purchase these books.

ISBN Title Publisher Author(s) Comment Book Store Price
Life as Surplus Melinda Cooper Amherst Books TBD
The Birth of Biopolitics Michel Foucault Amherst Books TBD
A Brief history of Neoliberalism David Harvey Amherst Books TBD
The Road to Serfdom F.A. Hayek Amherst Books TBD
The Great Transformation Karl Polanyi Amherst Books TBD
Law Legislation and Liberty F.A. Hayek Amherst Books TBD
Uncontrollable Societies of Disaffected Individuals Cambridge U Press 2012 Bernard Stiegler Amherst Books TBD
Corporate Sovereignty law and government under capitalism U Minn Press 2013 Joshua Barkan Amherst Books TBD

These books are available locally at Amherst Books.

Offerings

2024-25: Not offered
Other years: Offered in Spring 2010, Fall 2010, Spring 2013, Fall 2013, Fall 2014