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A Critical Legal Examination of Liberalism and Liberal RightsLiberal Rights and Their Critics

A Critical Legal Examination of Liberalism and Liberal Rights: Liberal Rights and Their Critics [As I write this book a global pandemic is sweeping everything before it, aggravating an already tense geopolitical situation. The rise of post-modern conservatism from 2010 onwards convinced some authors that liberalism had “failed” and we were moving towards a new, post-liberal future. What they really meant in many cases was back to a nostalgized pre-liberal epoch, with various forms of soft-authoritarianism backing up a homogenizing unified morality or shared identity. The COVID 19 crisis has done a great deal to undermine these reactionary efforts, but the political left has thus far been unable to present any meaningful vision of an alternative to liberalism-really neoliberalism-despite the close call of democratic socialists like Bernie Sanders. The reason, I believe, is that for a very long time now academic and intellectual progressives have been entirely enamoured with critical theories who seek to undermine and expose the limitations of liberalism and which are inherently skeptical of any efforts to put forward systematic alternatives. A Critical Legal Examination of Liberalism and Liberal Rights, as the title suggests, is sympathetic to these efforts. This is because liberalism does indeed have limitations; some of the most obvious of which come to the fore when we look at rights discourse. Many liberals have doubled down on these limitations by aligning with the forces of reaction and inegalitarian hierarchies to insulate the power of capital from democratic pressures; that is more or less the story of neoliberal political economy in the late twentieth century when I grew up.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Critical Legal Examination of Liberalism and Liberal RightsLiberal Rights and Their Critics

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Publisher
Springer International Publishing
Copyright
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2020
ISBN
978-3-030-61024-1
Pages
3 –65
DOI
10.1007/978-3-030-61025-8_1
Publisher site
See Chapter on Publisher Site

Abstract

[As I write this book a global pandemic is sweeping everything before it, aggravating an already tense geopolitical situation. The rise of post-modern conservatism from 2010 onwards convinced some authors that liberalism had “failed” and we were moving towards a new, post-liberal future. What they really meant in many cases was back to a nostalgized pre-liberal epoch, with various forms of soft-authoritarianism backing up a homogenizing unified morality or shared identity. The COVID 19 crisis has done a great deal to undermine these reactionary efforts, but the political left has thus far been unable to present any meaningful vision of an alternative to liberalism-really neoliberalism-despite the close call of democratic socialists like Bernie Sanders. The reason, I believe, is that for a very long time now academic and intellectual progressives have been entirely enamoured with critical theories who seek to undermine and expose the limitations of liberalism and which are inherently skeptical of any efforts to put forward systematic alternatives. A Critical Legal Examination of Liberalism and Liberal Rights, as the title suggests, is sympathetic to these efforts. This is because liberalism does indeed have limitations; some of the most obvious of which come to the fore when we look at rights discourse. Many liberals have doubled down on these limitations by aligning with the forces of reaction and inegalitarian hierarchies to insulate the power of capital from democratic pressures; that is more or less the story of neoliberal political economy in the late twentieth century when I grew up.]

Published: Nov 24, 2020

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