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Life, Death, and Human Capital: Illiberal Liberalism in the Jursiprudence of Privacy

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Abstract:

This essay explores the assumption of human capital in the jurisprudence of privacy--in the birth control and abortion cases, in the 2nd and 9th Circuit's arguments for a right-to-die, and in Bowers and in Lawrence. The aim of this paper is to use the cases to demonstrate the pervasiveness of the neoliberal order; the self understood as human capital by ostensibly "liberal" as well as "conservative" judges is presented as evidence; and the essay probes the effect of this pervasiveness on the rights bearer. What happens to the sovereign subject when it is understood as a site of investment rather than sphere of noninterference? Is the jursiprudence of privacy the jurisprudence of flexible specialization? How then does the site of these precious progressive freedoms govern rather than emancipate? In addition to the Economy and Society and Constiutional Law sections, this paper should be of interest to those at the conference with critical perspectives on governance and governmentality.
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Name: The Law and Society Association
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http://www.lawandsociety.org


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URL: http://citation.allacademic.com/meta/p182034_index.html
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MLA Citation:

Mihic, Sophia. "Life, Death, and Human Capital: Illiberal Liberalism in the Jursiprudence of Privacy" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2013-05-08 <http://citation.allacademic.com/meta/p182034_index.html>

APA Citation:

Mihic, S. , 2007-07-25 "Life, Death, and Human Capital: Illiberal Liberalism in the Jursiprudence of Privacy" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2013-05-08 from http://citation.allacademic.com/meta/p182034_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This essay explores the assumption of human capital in the jurisprudence of privacy--in the birth control and abortion cases, in the 2nd and 9th Circuit's arguments for a right-to-die, and in Bowers and in Lawrence. The aim of this paper is to use the cases to demonstrate the pervasiveness of the neoliberal order; the self understood as human capital by ostensibly "liberal" as well as "conservative" judges is presented as evidence; and the essay probes the effect of this pervasiveness on the rights bearer. What happens to the sovereign subject when it is understood as a site of investment rather than sphere of noninterference? Is the jursiprudence of privacy the jurisprudence of flexible specialization? How then does the site of these precious progressive freedoms govern rather than emancipate? In addition to the Economy and Society and Constiutional Law sections, this paper should be of interest to those at the conference with critical perspectives on governance and governmentality.

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