Posner,Bentham and the rule of economy

Law and economics is a prominent but understudied discourse of liberal government. This essay examines the work of Richard Posner, with special attention to his rediscovery of Jeremy Bentham as a founder of law and economics. Posner's new reading of Bentham accurately identifies Bentham as a fellow anti-juridical theorist of government and a fellow believer in the rule of economy. But Bentham's economy makes room for a range of disciplinary appropriations, and Posner's does not. Posner's economy is entirely defined and exhausted by a particular economic doctrine. The essay suggests that civil society has been over-emphasized in the literature contrasting classical and contemporary liberalism. Instead, it turns attention to a common understanding of law as a non-autonomous and flexible tactic of economic government and to the role of the various sciences that can inform it.     

Shadow boxing in family politics: reply to Martin Durham

In his writings on government foucault commonly uses term ‘political’ as if it were equivalant to a certain understanding of governmental. Thus, in the title of his cotribution to the Tanner Lectures on Human Values, ‘Omnes et Singulatim, towards a criticism of ”political reason“, the object of Foucault's usage of the term ‘political’ to refer to a kind of govrmetal reason. Second, I argue that the practice of what Foucault understands by political reason in fact creates coditions for the emergence of a politics and a political reason of a very different kind. The appearance of this latter political reason poses a range of problems which must be addressed by any political (in the sense of governmental) reason but which play little part in Foucault's discussion. It Suggests, in particular, that Foucault's account of the liberal rationality of government is seriously incomplete. Third, I consider the grounds for Foucault's counterposition of political reason to liberation, noting that his critique of political reason as a principle of subjectivation raises a more general issue, which he describes as ‘the politics of ourselves’ (Foucault 1993: 223). I conclude by noting that Foucault's discussions of political reason lead in two very different directions: towards a powerful analysis of the practices and rationalities of government in the modern West or towards a radical critique of most forms of government, including the modern government of oneself.     

Equity and Political Economy in Thomas Hobbes

Thomas Hobbes is often viewed as a seminal figure in the development of the homo economicus philosophical anthropology central to the acquisitive, bourgeois morality of liberal modernity. The present study challenges this interpretation of Hobbes as an antecedent to free market ideology by arguing that his political economy presupposed a complex relation between contract, law, and social networks of credit informed by prudence and robust norms of equity. The normative claims of equity permeate Hobbes's holistic account of political economy and inform his vision of liberal statecraft that gave priority to prudential judgment against economic determinism, especially as Hobbes understood trade, taxation, allocation of resources, and the provision of social welfare. I will conclude by reflecting upon how Hobbes's political economy both reveals the internal diversity within the liberal intellectual tradition and can help us to better understand and critique contemporary liberal states and democratic theory.     

Foucault,Critique and Rights

Abstract

This paper outlines Foucault's genealogical conception of critique and argues that it is not inconsistent with his appeals to concepts of right so long as these are under stood in terms of his historical and naturalistic approach to rights. This approach is explained by reference to Nietzsche's account of the origins of rights and duties and the example of Aboriginal rights is used to exemplify the historical character of rights understood as internal to power relations. Drawing upon the contemporary ‘externalist’ approach to rights, it is argued that the normative force of rights can only come from within historically available moral and political discourses. Reading Foucault's 1978-1979 lectures on liberal governmentality in this manner suggests that his call for new forms of right in order to criticise disciplinary power should be answered by reference to concepts drawn from the liberal tradition of governmental reason.     

Government Has No “Religious Agency”: James Madison's Fundamental Principle of Religious Liberty

Religious liberty has reemerged as a problem in liberal democracy. For guidance we can turn to James Madison. Unfortunately, his fundamental principle of religious liberty has been misunderstood. Madison believed that power over religious conscience always remains with the individual, which means that government never has a power to attempt to cause or prohibit religious opinions or profession and only has the power to prohibit religious practices that are “adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” Madison's fundamental principle of religious liberty is therefore that government has no “religious agency.” In matters of religious establishment, “no agency” means that government lacks even the power to cognize religious opinions or practices. But in matters of free exercise, “no agency” means that government can accommodate citizens’ religious consciences, even if that accommodation requires cognizing their religious opinions. An important but widely overlooked example of Madison's complex but principled approach to religious liberty is his 1790 proposal for a statutory exemption from federal militia service for religious objectors.     

Politics of Violence

Abstract

Simon Critchley's Infinitely Demanding makes a timely contribution to contemporary debates in ethics and political philosophy. For all its originality, however, one can raise critical questions concerning Critchley's account of the forms of resistance possible within liberal democratic polities. In this article I question the adequacy of Critchley's ethically based neo-anarchism as a response to neo-liberalism, critically analysing the role of ideology in his account of the motivational deficit afflicting capitalist liberal democracies.     

Neoliberal feminism as political ideology: revitalizing the study of feminist political ideologies

Abstract

The emerging literature on neoliberal feminism appears to signal the revitalization of the study of feminist ideologies, suspended since the mid-1980s. However, it is argued here that scholars tend to conceptualize neoliberal feminism in a way that inhibits ideological analysis, as exemplified in Nancy Fraser’s Fortunes of Feminism. They take classifications of feminist political ideologies from the 1980s as representative of the only true feminisms, and thus view neoliberal feminism as a perversion, rather than an outgrowth, of earlier feminisms. This account of the emergence of neoliberal feminism is both historically inaccurate and politically problematic: it positions feminists as passive in the face of an overpowering neoliberal agency, and limits feminists’ capacity to imagine themselves as agents of political and ideological change. Building on Michael Freeden’s work on political ideologies, an alternative account of neoliberal feminism is offered, one that locates feminist agency in the production of new feminist ideologies.     

FHA restructuring proposals: Alternatives and implications

Abstract

This article evaluates problems of the Federal Housing Administration (FHA) under its current structure, develops criteria for judging alternative structures, and suggests one alternative—an assigned risk pool—that encourages efficiency in the insurance function while still promoting low‐ and moderate‐income housing. A historical introduction explains how the current institutional relationships came about and created FHA's problems.

FHA's decline resulted from the mixing of a heavy social agenda with the basic insurance objective, a destructive reorganization of the Department of Housing and Urban Development that caused FHA to lose control and focus, and government's inherent inability to respond to market signals. Yet the economic rationale for government involvement in FHA functions is strong. An FHA organized as an independent government agency, a government‐sponsored enterprise, or even a privatized entity structured as an assigned risk pool could improve efficiency of underwriting, pricing, and administration while achieving the redistributional objectives.     

The gender politics of economic competitiveness in Malaysia's transition to a knowledge economy

Abstract

Many academic commentators have pointed to how the widening and deepening of a neoliberal reform agenda in Southeast Asia has brought about the end of developmental forms of state governance and the emergence of less directly market interventionist states pursuing economic ‘competitiveness’. In this paper, I note how notions of competitiveness are increasingly fused with ideas regarding the contribution of gender equity and women's empowerment to national economic success. However, drawing upon a case study of Malaysia, this paper highlights how government policies stressing both the marketisation of social reproduction and the need to expand women's productive roles are constantly brought into tension with embedded social structures. Such an emphasis is essential to any understanding of the role of the Malaysian state in economic development – a role that has been fundamentally shaped by a localised politics of ethnicity. The paper draws upon examples from government policy-making that conceptualise women as key workers in the emerging knowledge-driven economy and as microentrepreneurs driving pro-poor economic growth and illustrates how such policies are brought into tension with traditionalist discourses concerning the appropriate role of women in society.     

Equality,risk and responsibility: Dworkin on the insurance market

The concept of risk occupies centre-stage in debates about individual and social responsibilities and, within a broadly neo-liberal regime, the paradigmatic form of risk management is insurance. Nevertheless analysis of these recent shifts in welfare politics appears curiously disconnected from dominant trends of normative political theorizing. The rise of ‘insurance as government’ and ‘risk management as responsibility and opportunity’ has not obviously been addressed even by prominent liberal political theorists. Similarly the analysts of neo-liberalism have devoted little attention to tracing these concepts through the literature on political theory. This article seeks to remedy this disconnection, by showing how Ronald Dworkin – perhaps the foremost liberal theorist writing today – offers us an account of equality which foregrounds the apparatus of insurance, and represents the management of risk within the welfare system as both an opportunity and a responsibility. Furthermore, his account inherits many of the ambiguities and weaknesses of neo-liberal theory and redeploys them within the political theory of equality.     

A genealogy of corporate governmentality in the realm of the ‘merchant-king’: the Netherlands Trading Company and the management of Dutch paupers

Abstract

The emergence of the modern corporation occurs at the same time as that of the modern state and liberal governmentality, although its role in the development of ‘bio-power’ has not been carefully examined. This article examines the royal use of corporations to manage the poor through work creation schemes and hence effect a capitalist transformation of the eastern Netherlands; specifically, the creation of the Dutch textile industry. These work creation schemes drew on the cameralistic ‘police sciences’ that Foucault cites in his genealogy of bio-power. This article traces the means by which cameralistic disciplinary techniques for the control of paupers were adopted by entrepreneurs who replaced Willem I, the ‘merchant-king’ as the ‘visible hand of the market’. It highlights the origins of managerialism in ‘social’ not ‘political economy’.     

The evolution of Israeli citizenship: an overview

Israel's citizenship discourse has consisted of three different layers, superimposed on one another: An ethno-nationalist discourse of inclusion and exclusion, a republican discourse of community goals and civic virtue, and a liberal discourse of civil, political, and social rights. The liberal discourse has served as the public face of Israeli citizenship and functioned to separate Israel's Jewish and Palestinians citizens from the non-citizen Palestinians in the occupied territories. The ethno-nationalist discourse has been invoked to discriminate between Jewish and Palestinian citizens within the sovereign State of Israel. Last, the republican discourse has been used to legitimate the different positions occupied by the major Jewish social groups: ashkenazim vs. mizrachim, males vs. females, secular vs. religiously orthodox. Until the mid-1980s the republican discourse, based on a corporatist economy centered on the umbrella labor organization – the Histadrut – mediated between the contradictory dictates of the liberal and the ethno-nationalist discourses. Since then, the liberalization of the Israeli economy has weakened the republican discourse, causing the liberal and ethno-nationalist ones to confront each other directly. Since the failure of the Oslo peace process in 2000, these two discourses have each gained the upper hand in one policy area – the liberal one in economic policy and the ethno-national one in policy towards the Palestinians and the Arabs in general. This division of labor is the reason why on the eve of its 60th anniversary as a state Israel is experiencing its worst crisis of governability ever. While Israel's economy is booming and the country's international standing remains high, due to the global ‘war on terror,’ public trust in state institutions and leaders is at an all-time low, so that the government cannot tend to the country's pressing business.     

Government Reform,Political Ideology,and Administrative Burden: The Case of Performance Management in the Bush Administration

This article examines how ideological differences between political officials and agencies may have affected the implementation of an ostensibly nonpartisan, government‐wide administrative initiative: the George W. Bush administration's Program Assessment Rating Tool (PART) review of federal programs. The analysis reveals that managers in agencies associated with liberal programs and employees (“liberal agencies”) agreed to a greater extent than those in agencies associated with conservative programs and employees (“conservative agencies”) that PART required significant agency time and effort and that it imposed a burden on management resources. Further analysis reveals that differences in reported agency effort can be explained partly by objective differences in the demands that PART placed on agencies—liberal agencies were required to evaluate more programs and implement more improvement plans relative to their organizational capacity—and partly by the ideological beliefs of employees—on average, liberal managers reported more agency effort, even after accounting for objective measures of administrative burden.     

Spinoza Now

Abstract

This discussion of Infinitely Demanding explores the terms of the paradox with which Critchley is centrally concerned: how an ethico-politics can at once begin in disappointment and yet allow for engagement, the infinite renewal of commitment and optimism. Placing this in critical relation to the paradox Rorty meets with his account of the "private ironist and public liberal" in Contingency, Irony, Solidarity, I argue that Critchley's ethico-politics invokes the possibility of a non-ironical categorical imperative, at the meeting point of finitude and the infinite and at the heart of what is also a political space of intersubjectivity. I examine the logic of humour and of commitment within the Kantian frame thus suggested, arguing for their relevance to certain aspects of anarcho-activism, but also for their limitations in desperate circumstances, posing the risk that Critchley's preferred politics falls back into liberal complacency.     

Václav Havel's Absurd Route to Democracy

Abstract

This article examines Václav Havel's unconventional route to democracy. At the core of the enquiry is an analysis of the role his Absurdism played in the development of his thought and activism. The essay illustrates how a typically literary, non-democratic intellectual orientation sustained Havel in his struggle for democratic political change against the abuses of really existing socialism. Yet, Havel's thought did not stop there; he eyed Western liberal ism critically as well. Springing from his Absurdist sensibility was a vision of democracy that was neither wholly liberal nor socialist, yet quite practical. By making a case for reconsidering ideas that typically fall outside the purview of democratic theory, this article also suggests the possibility of critically rethinking democracy itself.     

The great transformation and progressive possibilities: the political limits of Polanyi's Marxian history of economic ideas

Abstract

Polanyi's The great transformation remains one of the stand-out texts of twentieth-century political economy, yet it contains important conceptual ambiguities. Perhaps most significantly, the later chapters reveal the influence of Polanyi's own notion of an ‘always embedded economy’, whereas the earlier chapters are constructed around a much more abstract notion of ‘economy’ derived from an essentially Marxian history of economic ideas. Marx worked within the basic Ricardian conception of economy as a method of immanent critique, but then proceeded also to project that same conception backwards onto pre-Ricardian traditions of economics. Polanyi did likewise, I argue, consequently missing the opportunity to connect his own ideas about the non-market influences on all market outcomes to pre-Ricardian studies of the substantive basis of functioning economic relations. I use the following pages to try to restore one such link, in this instance to Adam Smith's account of the moral ‘sympathy’ underpinning the process of market co-ordination. This reconstruction also has implications for progressive possibilities today. Polanyian responses to the ongoing crisis have tended to be framed by the basic Ricardian conception of economy and have accordingly been restricted to a discussion of more market or less, more social protection or less, more austerity or less. By contrast, tracing the lineage from pre-Ricardian concerns to Polanyi's notion of an always embedded economy allows the potentially much more radical question to be asked of what sort of economic relations today best serve essential human needs.     

‘A willing Odysseus’: The life and times of Albert O. Hirschman

Abstract

In this review essay of Jeremy Adelman's biography of Albert O. Hirschman, A worldly philosopher, supplemented by references to other secondary works on Hirschman, I take the opportunity to discuss the relationship between the economist's life and his main publications. I argue that in times of crisis more attempts like Hirschman's political economy are needed. I further argue that Hirschman has given us a good idea of what a new moral economy, which really deserves this name, would look like.     

Seeking ontological security through the rise of China: New Zealand as a small trading nation

Maintaining global peace as China rises is a key strategic goal of Western liberal democracies. Compared to other western liberal democracies, New Zealand's response to the ‘rise of China’ is notable for its absence of security and political frictions and for the achievement of a series of diplomatic ‘firsts’. Can this be explained only by material concern over the national economic interest as China's role in the global economy increases or do ideational factors also underlay how New Zealand engages China? This paper employs the ontological security framework to demonstrate how New Zealand identity as a ‘small trading nation’ and ‘good international citizen’ has shaped its turn to Asia and response to the ‘rise of China'. It first analyses the origins of New Zealand's outward facing identity and resultant foreign policy positions long before China became an important aspect of New Zealand trade policy. It then shows how New Zealand seeks ontological security as a ‘small trading nation’ and ‘good international citizen’ in its relations with China and how China has responded to this type of engagement. The paper illustrates the importance of ideational factors in Western liberal democracies’ responses to the ‘rise of China’.     

ASEAN and human rights: resisting Western pressure or emulating the West?

Abstract

Observers of Southeast Asian affairs commonly assume that the members of the Association of Southeast Asian Nations (ASEAN) are reluctant to pursue liberal agendas, and that their main concern is to resist pressure from Western powers to improve their human rights practice. This article, however, argues that such a conventional view is too simplistic. The Southeast Asian countries have voluntarily been pursuing liberal agendas, and their main concern here is to be identified as ‘Western’ countries – advanced countries with legitimate international status. They have ‘mimetically’ been adopting the norm of human rights which is championed by the advanced industrialized democracies, with the intention of securing ASEAN's identity as a legitimate institution in the community of modern states. Ultimately, they have been pursuing liberal agendas, for the same reason as cash-strapped developing countries have luxurious national airlines and newly-independent countries institute national flags. Yet it should be noted that the progress of ASEAN's liberal reform has been modest. A conventional strategy for facilitating this reform would be to put more pressure on the members of ASEAN; however, the usefulness of such a strategy is diminishing. The development of an East Asian community, the core component of which is the ASEAN–China concord, makes it difficult for the Western powers to exercise influence over the Southeast Asian countries. Hence, as an alternative strategy, this article proposes that ASEAN's external partners should ‘globalize’ the issue of its liberal reform, by openly assessing its human rights record in global settings, with the aim of boosting the concern of its members for ASEAN's international standing.     

Gagging orders: asylum seekers and paradoxes of freedom and protest in liberal society

The detention of non-status migrants is now commonplace in developed countries. Detention has been justified on such grounds as security, the welfare of non-status migrant populations, and as a way to speed up processing asylum claims. Drawing from the artist Krzysztof Wodiczko's sustained interest in themes of migration and belonging, this article examines the relationships between technologies of government in detention and accommodation facilities, and the possibilities and constraints of protest that these settings and practices give rise to. The analysis highlights paradoxes of freedom as well as opportunities for protest that imbue these spaces. Using Foucault's discussion of technologies of government, we draw on empirical research to highlight how orientation booklets, classes, and legal self-representation manuals are technologies that compel asylum seekers to become ideal detainees in hopes of being understood as ‘liberal subjects’ worthy of inclusion in a small number of evermore tightly policed Western European states. We conclude with the suggestion that asylum seekers' paradoxical encounters with technologies of liberal government deliver a challenge to the accepted framework of citizenship within liberal societies.