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The Government of LifeFoucault, Biopolitics, and Neoliberalism$
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Vanessa Lemm and Miguel Vatter

Print publication date: 2014

Print ISBN-13: 9780823255962

Published to Fordham Scholarship Online: September 2014

DOI: 10.5422/fordham/9780823255962.001.0001

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Foucault and Hayek: Republican Law and Liberal Civil Society

Foucault and Hayek: Republican Law and Liberal Civil Society

(p.163) Nine Foucault and Hayek: Republican Law and Liberal Civil Society
The Government of Life

Miguel Vatter

Fordham University Press

The chapter by Vatter discusses Foucault’s claim that the neoliberal project consists in the introduction of legal principles into the economic order. Vatter offers an analysis of the neoliberal jurisprudence of Hayek and its role in his economic thinking. Whereas Hayek’s jurisprudence emphasizes “judge-made law,” which no longer carries any inherent reference to republican principles of constitutionalism, Vatter argues that Foucault’s critique of the neoliberal “economic rule of law” is premised on his adoption of a republican conception of freedom as the constituent power of law-making belonging to a people that is irreducible to the conduct of a population.

Keywords:   Hayek, Rule of law, Neoliberal jurisprudence, Republicanism

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