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Article
NEOLIBERALISM AND THE LAW Reassessing Historical Materialist Analysis of the Law for the 21st Century
New Labor Forum (2013)
  • Justin Schwartz
Abstract

Historical materialism has been called in question by the triumph of neoliberalism and the fall of Communism. I show, by consideration of two examples, the 2008 crisis and recent Supreme Court campaign spending First Amendment jurisprudence, that neoliberalism instead vindicates the explanatory power of (non-mechanical and non-deterministic) historical materialism in accounting for a wide range of recent legal developments in legislation, executive (in)action, and judicial decision-making.

Keywords
  • Neoliberalism,
  • Deregulation,
  • Law,
  • Corporations,
  • Financial Crisis,
  • Freedom of Speech,
  • Corporate Personhood,
  • Democracy,
  • Elections,
  • Campaign Finance,
  • Historival Materialism,
  • Marxism
Publication Date
Spring 2013
Citation Information
Justin Schwartz. "NEOLIBERALISM AND THE LAW Reassessing Historical Materialist Analysis of the Law for the 21st Century" (2013)