The redress of law : globalisation, constitutionalism and market capture / Emilios Christodoulidis.

Format:

Book

Author/Creator:

Christodoulidis, Emilios A., author.

Series:

Global law series.

Global law series

Language:

English

Subjects (All):

Constitutional law.

Commercial law.

Physical Description:

1 online resource (xiv, 592 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2021.

Summary:

From a legal-philosophical point of view, The Redress of Law presents a critical analysis of a number of related doctrinal fields: constitutional, labour and EU Law. Focusing on the organisation and protection of work, this book asks what it means to protect work as an essential aspect of human (individual and collective) flourishing. This is an ambitious and highly sophisticated intervention in contemporary academic and political debates around a set of critically important questions connected to processes of globalisation and market integration. The author redefines the nature of legal and political thought in an age in which market rationality has exceeded its classic domain and has come to pervade the organization of social and political life. This restatement of critical legal theory is intended to defend the concept of constitutionalism and suggest new ways to deploy the law strategically.

Contents:

Cover

Reviews

Half-title

Series information

Title page

Copyright information

Dedication

Contents

Acknowledgements

Introduction

Part I Political Phenomenology

1.1 Hannah Arendt and the Theory of the Bourgeois Public Sphere

The Phenomenology of the Political

Arendt's Arrested 'Worldliness'

'World-Making' in the 'Material' Dimension

'World-Making' in the 'Temporal' Dimension

'World-Making' in the 'Social' Dimension

The Spectre of Antagonism

1.2 Simone Weil: Necessity and Courage

Weil's Materialism

Weil's Hellenism

The Poem of Force

Tragedy, Necessity, Rationality Undone

Weil's Wager

1.3 The Phenomenology of Work

The Promise of Social Labour

The Hegelian-Marxian Heritage

Post-Fordist Mutations

The Forgetting of Labour

The Ethical Deficit: Unnecessary Suffering

The Political Deficit: Unworldly Labour

The Philosophical Deficit: Phenomenological Blockage

Semantics and Structures I: The Movement of Concepts and Structures

1.4 Towards a Critical Phenomenology

Improbable Disclosures

The Phenomenological Method

Elements of a Critical Phenomenology

Part II Political Constitutionalism

2.1 Constituent Power and the Constitutional Distinction

The Constitutional Distinction

Theorising 'Constituent Power': A Short History in Four Chapters

Rousseau's Radical Proposition

The Jacobin Constituent Moment

Hegel and the French Revolution

Marx on Constituent Power

Theorising 'Constituted Power': Eclipsing the Constituent

2.2 Constitutionality

Prolegomena

Self-Reference

The Dimensions of Constitutional Meaning

The Material Dimension

The Social Dimension

The Temporal Dimension

2.3 Labour, Solidarity and the Social Constitution

Constitutional Value and the Dogmatic Question

Homo Juridicus, Laborans.

Social Rights Constitutionalism

The Radical Marshall

Semantics and Structures II

2.4 Constitutionalism Adrift

Constitutionalisation and Pluralism

Semantics and Structures III

Part III Market Constitutionalism

3.1 Market Trajectories

From Differentiation to Fragmentation

The Generalisation of Economic Reason: Hayek's Legacy

3.2 Total Market Thinking

The New Worlds of Governance

The Democratic Co-option

The Epistemological Co-option

The Logic of Equivalence: Substitution and Unaddressability

The Hidden Normativity of Indicators

The Eclipse of the Political Constitution

3.3 Europe's 'Social Market' and the Disembedding of Labour Protection

Europe's Social Constitution: 'Moments' and Milestones

Phase 1 (1957-1992): The Era of Foundation

Phase 2 (1992-2007): Maastricht and the Completion of the Internal Market

Phase 3 (2007- ): The Regulation of Crisis

The Ordoliberal Synthesis

New European Governance and the Social Constitution

3.4 The Deep Commodification of Labour

Laval/Viking Jurisprudence

The New Functionalism

Proportionality as Market Exposure

Market Access as Social Dumping

Part IV Strategies of Redress

4.1 The Constitutional Situation

Taking Stock

Communicative and Strategic Constitutional Action

Strategy, Critique, Redress: Opportunities and Limitations

4.2 Militant Formalisms

Formalism as Strategy

'Societal Constitutionalism': Meta-Level Deployments

4.3 Constitution, Autogestion, Rupture

The Scandal of Democracy

Poland's Short Summer of Anarchy

Democracy as Enactment: The Legacy of Athens

The Mass Strike: Luxemburg, Sorel, Benjamin

The Meaning of Negation

4.4 Constitutionalising Contradiction:: Towards an Open Constitutional Dialectic

Materialism and the 'Adventure' of the Dialectic.

Phenomenology, Contradiction and the Open Dialectic

Semantics and Structures IV: The Constitutional 'Dispositif'

Epilogue

References

Index.

Notes:

Title from publisher's bibliographic system (viewed on 26 Mar 2021).

ISBN:

1-108-80234-6

1-108-80818-2

1-108-76532-7

OCLC:

1295281273