This article outlines a new approach to the law of political economy as a form of transformative law, a new approach that combines a focus on the function of law with a concept of law encapsulating the triangular dialectics between the form-giving prestation of law, the material substance the law is oriented against, and the transcendence of legal forms—that is, the rendering of compatibility between forms. Transformative law thereby serves as an alternative to both law and economics and recently emerging (...) culturalist and neo-Marxist approaches. The timing of this publication is not coincidental. The era of neoliberalism—that is, of structural liberalism, which started in the 1970s and experienced its breakthrough in the 1980s and 1990s after the collapse of structural Marxism—is ending. This makes the question of what will succeed the neoliberal episteme pertinent. (shrink)

This polemical essay explores the meaning and function of the concept of neoliberalism, focusing on the serious theoretical and political limitations of the concept. The crux of the argument is that, for those interested in overcoming the exploitative and oppressively destructive elements of global capitalism, opposing "neoliberalism" is both insufficient and potentially self-undermining. This article also goes into some detail on the issues of health care and climate change in relation to "neoliberalism" to highlight the theoretical and political arguments made (...) throughout the article. (shrink)

In this special issue, we draw on pragmatist political and social theory and philosophy to illustrate the creative potential of this intellectual tradition for thinking about the numerous crises that haunt liberal democratic societies today. The introduction identifies five overlapping problem constellations (demise of public power, lasting consequences of inequality, pluralization of society, return of authoritarian practices and globalization of the world) that have driven the recent rise of undemocratic or authoritarian patterns of social organization and political rule. Against this (...) backdrop, we conclude that the revitalization of certain dimensions of liberal democracy will not suffice to overcome these problems, which means that democratic practices need radical rethinking and reconceptualization. For this intellectual and political endeavour, we argue, pragmatism provides a suitable framework to identify problems that require resolution and define and mobilize collective problem solving capacities from already existing practices. All eight contributions to this special issue draw on pragmatist political and social theory and philosophy to illustrate to what extent, and to what ends, this intellectual tradition can revitalize the political and social discourse on the past, present and future of democracy. The articles are organized in two sections : (1) Pragmatist critique and the critical potential of pragmatism, (2) pragmatist politics and theories of democratic practice. (shrink)

This article recounts the backlash against the neoliberal constitutionalism that locked in free trade and capital rights through the multilateral treaty organizations of the 1990s. It argues that we can find important forces in the disruption of the status quo among the elite losers of the 1990s settlement. Undercut by competition from China, the US steel industry, in particular, became a vocal opponent of unconditional free trade and a red thread linking all of Trump’s primary advisers on matters of trade. (...) Steel lobbyists themselves helped frame a critique of actually existing neoliberal globalism, which Trump both adopted and acted on as part of his trade war. By searching for the contemporary attack on neoliberal constitutionalism among the disgruntled corporate elite, we find that our current crisis must be framed as a backlash from above as well as one from below. (shrink)

As academic literatures and political demands, global justice and populism look like competing ways of diagnosing and addressing neoliberal inequality. But both misunderstand neoliberalism and consequently risk reinforcing rather than undermining it. Neoliberalism does not just break down political and social hierarchies, but also relies on and sustains them. Unless populists recognize this, they will find that assertions of sovereignty do more to reinforce neoliberalism and reproduce its hierarchies than to resist them. Recognizing neoliberalism as not simply corrosive of solidarity (...) but also producing its own affective ties suggests that global justice advocates need to develop a critique of individual attitudes that egalitarian liberals have often seen as private and been hesitant to judge. In short, if either populism or global justice hope to take advantage of neoliberalism’s failures to advance an egalitarian politics, they need to reckon more carefully with their own entanglement with neoliberalism’s hopes and hierarchies. (shrink)

Research background: To a limited extent, modern researchers are interested in ordoliberalism, as a theory of the socio-economic system, which is confirmed by the results of the bibliometric analysis. In conducted studies, the assumptions of ordoliberalism are used partially, for example, for research on: the role of the state in the economy, the antitrust law, the theoretical assumptions of the SME, the determinants of German economic policy after World War II. Purpose of the article: The aim of this article is (...) to present the possibilities offered by the ordoliberal theory that predispose it to determine a socio-economic order which makes it possible to tackle the dysfunctions and crises that afflict today’s economy. Methods: The research methodology involves a critical analysis of the works of the most essential representatives of ordoliberal thought, particularly Walter Eucken and others, from the perspective of the above-mentioned purpose of the study. This requires examining German-, Polish- and English-language publications by authors recognised as representatives of mainstream ordoliberalism. Findings & Value added: As a result of the conducted analysis, the hypothesis about the existence of the elements of ordoliberal theory that allow it to respond to the challenges of the modern world, including economic, social, environmental and climate crises and pandemic threats has been confirmed. Research of this kind implies a return of thinking in terms of economic order, and thus contributes to the theories that seek to overcome the crisis in both the real economy and the theory of economics. (shrink)

Tucked into Wolfgang Streeck’s influential crisis theory of contemporary capitalism are various attempts at causally linking processes of neoliberalisation to generalised depoliticisation, while depoliticisation is in its turn attributed to the emergence of a diffuse ‘consumerist’ ethos in the 1970s. Streeck argues that rising consumerism led to a generalised demotic embrace of marketised forms of need satisfaction and in so doing evacuated the political will to resist neoliberal reforms. If, however, we take neoliberalisation to entail both the depoliticisation of the (...) demos and the marketisation of the polity, then Streeck’s attempt to connect these processes to consumption is weakened by significant historical oversights on both ends. Streeck’s attribution of depoliticisation to a new consumerist ethos is beset by a reductive economism. At the same time, Streeck overlooks just how pivotal legitimatory ideals of consumer-side social order developed by specific networked elites have been for the marketisation of the polity. (shrink)

This article turns to the issue of political representation that I argue is central to all forms of political thought and practice of the modern period. Taking political representation as its object, I argue that its crisis—that comes to a head in the travails of the Weimar Republic—provided the opportunity for forms of neoliberal representation to displace political representation with purportedly “neutral”, non-partisan and thus “fair” representational tools. In contrast, I seek to develop the idea of “self-representation” with a discussion (...) of paths not chosen at Weimar and via Italianoperaismo’s reflections on “class composition”, which combines collective self-representation with political organization. Representing each member of a collective to another as it develops epistemic and cartographic tools, it constructs group solidarity, organization and the capacity to act as it reclaims the collectivity alienated in modern political forms of representation and excluded from neoliberal ones. (shrink)

Tärkeä ulottuvuus modernissa tavassa ajatella politiikkaa on erottelu politiikan ja talouden välillä. Tässä artikkelissa käsittelen tätä erottelua konservatiivisen oikeustieteilijä Carl Schmittin poliittisessa teoriassa ja varsinkin hänen talousliberalismin kritiikissään. Liberalismi rajasi Schmittin mukaan talouden omaksi autonomiseksi alueekseen pyrkimällä rajaamaan valtiovallan oikeutta vaikuttaa siihen. Tämä kuitenkin johti hänen mielestään poliittisen siirtymiseen valtiolta talouteen, eli taloudellisten suhteiden politisointiin. Artikkelini analysoi Schmittin kritiikin ohella myös hänen omaa teoriaansa vahvasta valtiosta. Schmitt vastasi liberalismin heikkouteen argumentoimalla, että vain vahva valtio voi ylläpitää talouden autonomisuutta. Argumenttini on, (...) että toimiessaan näin Schmitt ei lopulta ylitä modernille poliittisella ajattelulle ominaista erottelua valtion ja yhteiskunnan välillä. Päinvastoin, Schmittiä ja liberalismia yhdistää pyrkimys tavalla tai toisella erotella talous politiikasta. Artikkelini avulla voidaan monipuolistaa sitä kuvaa, joka poliittisessa filosofiassa ja teoriassa on talouspolitiikan ja -hallinnon historiasta. Argumenttini vahvistaa ajatusta siitä, että käsitteellinen erottelu talouden ja politiikan välillä on perustavanlaatuinen modernille poliittiselle ajattelulle. (shrink)