The Politics of Legality in a Neoliberal Age

Cover
Half Title
Title Page
Copyright Page
Table of Contents
Acknowledgements
Notes on contributors
An introduction to the politics of legality in a neoliberal age
	Neoliberalism?
	Why ‘the politics of legality’?
	The chapters
PART I: The law and legality of neoliberalism
	1. Transformations of the rule of law: legal, liberal, and neo-
		Tempering power
		Law
		Liberalism
		Neo-liberalism
		Home
		Away
	2. Thatcherism as an extension of consensus
		The state as arithmetic core
		The financial blitz
		Equal opportunities versus equality
		From politics to brand
		Economic patriotism, political nationalism
		Conclusion
	3. Foucault and Becker: a biopolitical approach to human capital and the stability of preferences
		Neoliberalism and the priority of the homo oeconomicus
		Normativity beyond discipline and punishment
		From the cycle of production to the cycle of consumption: the biopolitics of human capital
		De gustibus non disputandum est: the biopolitics of preferences
PART II: Constituting neoliberalism
	4. Constructing ‘privatopia’: the role of constitutional law in Chile’s radical neoliberal experiment
		I Introduction
		II Chile’s political and constitutional trajectory
		III Dictatorship as the breeding ground for neoliberalism
		IV Neoliberalism and constitutional law
		V The Constitution of 1980
		VI The legitimation of the ‘economic constitution’ in the postauthoritarian
era
		VII The impact of a neoliberal constitution
		VIII Conclusion
	5. The rise of juridical neoliberalism
		Introduction
		What is neoliberalism?
		Neoliberalism and law: Hayek, Böhm and Buchanan
		Juridical neoliberalism in practice: from the Stability and Growth Pact to the Treaty on Stability, Coordination and Governance
		Concluding thoughts
	6. Neoliberalism as legalism: international economic law and the rise of the judiciary
		I From GATT to the WTO: the evolution of international trade law and dispute settlement
		II From Keynes to Hayek: changing paradigms of international economic law
		III International economic law after neoliberalism: the rise of the judiciary
		IV Conclusion
PART III: Human rights and neoliberalism
	7. A powerless companion: human rights in the age of neoliberalism
		I Introduction
		II The Garden of Eden of the Rights of Man
		III Human rights and neoliberal economics: harmony and dissonance
		IV The failure of human rights in the socioeconomic domain
		V Conclusion: forms of criticism of human rights
	8. An unlikely resonance? Subjects of human rights and subjects of human capital reconsidered
		I Toward a history of hybrid governmentalities
		II Liberal governmentality vs natural rights? Revisiting Foucault on rights and liberal governmentality
		III Genres of the human? Capital, rights, capabilities
		IV Concluding reflections
	9. Articulating human rights discourse in local struggles in a neoliberal age
		Introduction
		The anti-HPP movement in Turkey
		The movement’s relationship with law and legal instruments
		The right to water as a universal right in statu nascendi
		Right to water in anti-HPP movement in Turkey
		Conclusion
Index