The Politics of Postcapitalism: Labour and our Digital Futures

This article introduces the special issue on the politics of postcapitalism. Considering the theoretical foundations, empirical perspectives and political ramifications of claims made about a coming ‘post-work’ or ‘postcapitalist’ society, it maps existing debates through a discussion of two key recent texts, Paul Mason’s Clear Bright Future and Aaron Bastani’s Fully Automated Luxury Communism. It first surveys how the relationship between labour market trends, technological change and wider political-economic shifts is articulated in the postcapitalist literature. It then explores how concepts from Marx are deployed to depict social relations as a constraint on technological development and its utopian potentialities, leading to political demands for new class actors and electoral blocs centring on the new forms of economic and political activity associated with digital networks. It also considers the role of the state and how this theoretical and political approach envisions historical change, situating utopian visions of an incipient postcapitalist alternative to capitalism within the contemporary political context of authoritarian populism and challenges to liberal democracy. Finally, it explores the continuing relevance of humanism as a critical counterpoint to the social and philosophical agenda of present day ‘posthumanism’. It concludes that, in unfavourable political conditions, it would be strategically unwise to stake too much on an over-optimistic approach to the unfolding future. This outlook, it is suggested, carries considerable risks and consequences for a contemporary left in search of a viable electoral coalition and route back to power.     

Whither Remoteness? Wellesley Partners LLP v Withers LLP

In Wellesley v Withers, the Court of Appeal held that where a defendant is concurrently liable in tort and contract, the contractual rules for the remoteness of loss must apply. Two principal reasons emerge from the judgments. The first, that each party has had the chance to alert the other to unusual risks, is valid but often unconvincing. The second is more original and compelling: that the nature of any responsibility assumed in tort is distinct from, but wholly defined by, the valid contract. This note seeks to develop that argument. It then addresses the uncertain issue of concurrent liability in equity. It suggests that in a case in which any fiduciary duties arise out of, and are defined by, a valid contract, it may now be appropriate to apply the contractual remoteness rules to a concurrent claim for breach of contract and equitable compensation.     

Aya Gruber: The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration

Feminist Legal Studies -     

Decentralized decision‐making and urban planning: A case study of density for benefit agreements in Toronto and Vancouver

This article compares the design and implementation of density for benefit agreements (DBAs), a form of density “bonusing” in Toronto and Vancouver. The cities identify many of the same priorities for benefits secured from developers, but in practice they prioritize widely different benefits. By comparing practice in Toronto and Vancouver, this article demonstrates how institutional differences and the decentralization of policy decision‐making in major cities can affect urban planning decision‐making.     

A Reply to Five Friends

For an academic, there is no greater reward than having one's scholarship taken seriously. The five distinguished scholars who have contributed to this symposium on The Force of Law (Schauer 2015 ) have done just that, with varying degrees of agreement and disagreement, praise and criticism. But even critical commentary, and perhaps especially critical commentary, is evidence of serious engagement. More importantly, the commentaries contained here have advanced our understanding of law in valuable ways. I respond to each in this reply, but with full acknowledgment that my responses cannot do justice to the full breadth of their contributions and challenges. My hope is not that I will persuade readers that I am correct and my critics mistaken, but rather that the reader who absorbs both the challenges and my response will come away with a greater understanding of the issues that The Force of Law seeks to place on the agenda of contemporary jurisprudence.     

Global Societies Are Social Things: A Conceptual Reassessment

This article reassesses the concept of a global society in light of recent historical analyses of the concepts of the social and society in the literature of International Relations. It is argued that the distinction between the social and society makes many theories of a global society indistinguishable from a global social system. However, it is also argued that those conceptions of a global society that emphasise its societal qualities are vulnerable to charges of Eurocentricity and methodological nationalism. To point the way forward, this article argues that, analytically, the features of the concept of a global society need to be conceived more diversely and the feature of a meaningful collective-self-narrative, or weness feeling, needs to be reconceived as relationally contested, rather than consistently consensual. With this conceptual revision, it is suggested that, empirically, the contents of a relationally contested collective-self-narrative at the transnational “level” are still elusive, and a topic for further research, but would likely attain a “post-Western” and ecological character if they were to emerge in practice.