Joined October 2008
Talha and my posts are complements: his a crystalline theoretical critique in a critical Marxian strand; mine a concrete working out of what LPE based on that kind of historically-specific institutional political economy would look like applied to Kessler's sole legal example.
Replying to @LPEblog
Over at Balkinization, the symposium on Jeremy Kessler's “Law and Historical Materialism” continues, with an incredible set of entries from @mddimick, @YBenkler, and Talha Syed. Matt: balkin.blogspot.com/2024/09/… Yochai: balkin.blogspot.com/2024/09/… Talha: balkin.blogspot.com/2024/09/…
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Talha Syed's analysis of Kessler's "Minimal Historical Materialism" rewards close reading: the limitations of both classical Marxism, embracing instead mature Marx critique of political economy, and of indeterminacy as a critical stance in legal theory. balkin.blogspot.com/2024/09/…
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"We need to fully jettison all talk of both 'indeterminacy' and 'materialism,' as holdovers of deeply misguided strands of both CLS and Marxism. In their stead, we need to recover submerged strands of critical traditions, both in the critique of law and of political economy."
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"As those traditions teach, constraint comes not from material factors but from social relations, and social agency (not autonomy, much less indeterminacy) is neither foreclosed nor guaranteed but, rather, earned, through understanding and practice directed at transformation."
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The owl of Minerva spreads its wings only with the coming of the dusk.
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New from Talha Syed and from me in @TheJLPE: Reconstructing Class Analysis. Read here: escholarship.org/uc/item/3nw….
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the half paragraph before equally challenging and thought provoking for LPE scholarship.
Good stuff here on the assumptions baked into much legal and policy work, including much LPE work.
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Critical asymmetry: Republican will-to-power, aiming to shape public consciousness, while liberals aim to strengthen platforms' control of bad speech subject to US regulation, ignoring the near certainty of US authoritarian cycles in wielding that power.
📢NEW FROM ME! On the TikTok ban, the danger of abandoning defense of speech to extremists, & how the liberal tendency to assume a just state "outside the scope of this paper" leads to confused law/policy that can exacerbate the problems platforms pose. lpeproject.org/blog/social-m…
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Great set of thoughts. I'm most persuaded by @Elibietti and @sanjayjahlee, seeing this as normal statecraft in modern capitalist states: harnessing nationalism to advance domestic profit-reaping elites while diverting efforts from democratic or egalitarian public interventions.
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This is the heart of it: deflection to "neutral" technological forces addressable as technocratic challenges, rather than the anomie of neoliberalism depriving the life prospects of millions, requiring structural change in the political economy of democratic market societies.
Large swaths of different kinds of elites continue to be invested in the narrative that the defining problem of our time isn't how elites exercise power and use their privileges but... the public's supposed susceptibility to misinformation? Funny how that deflects responsibility
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