Citation

Neoliberal Penality: The Birth of Natural Order, the Illusion of Freedom

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Abstract:

In the Encyclopedie in 1758, under the entry "Grains," Francois Quesnay declared that "It is quite sufficient that the government simply not interfere with industry, suppress the prohibitions and prejudicial constraints on internal commerce and reciprocal external trade, abolish or diminish tolls and transport charges, and extinguish the privileges levied on commerce by the provinces." Quesnay’s vision of an economic system governed by natural order led to a political theory of legal despotism that would stand on its head an earlier understanding of a seamless relationship between public economy and the penal sphere. By relegating the state to the margins of the market and giving it free rein there and there alone, the idea of natural order facilitated the unrestrained expansion of the penal sphere. It gave birth to our modern form of neoliberal penality. In this essay, I trace a genealogy of neoliberal penality and explore the damage it has wreaked in the field of crime and punishment specifically, and in the area of economy and society more generally.
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Association:
Name: The Law and Society Association
URL:
http://www.lawandsociety.org


Citation:
URL: http://citation.allacademic.com/meta/p304889_index.html
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MLA Citation:

Harcourt, Bernard. "Neoliberal Penality: The Birth of Natural Order, the Illusion of Freedom" Paper presented at the annual meeting of the The Law and Society Association, Grand Hyatt, Denver, Colorado, May 25, 2009 <Not Available>. 2014-11-29 <http://citation.allacademic.com/meta/p304889_index.html>

APA Citation:

Harcourt, B. E. , 2009-05-25 "Neoliberal Penality: The Birth of Natural Order, the Illusion of Freedom" Paper presented at the annual meeting of the The Law and Society Association, Grand Hyatt, Denver, Colorado <Not Available>. 2014-11-29 from http://citation.allacademic.com/meta/p304889_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: In the Encyclopedie in 1758, under the entry "Grains," Francois Quesnay declared that "It is quite sufficient that the government simply not interfere with industry, suppress the prohibitions and prejudicial constraints on internal commerce and reciprocal external trade, abolish or diminish tolls and transport charges, and extinguish the privileges levied on commerce by the provinces." Quesnay’s vision of an economic system governed by natural order led to a political theory of legal despotism that would stand on its head an earlier understanding of a seamless relationship between public economy and the penal sphere. By relegating the state to the margins of the market and giving it free rein there and there alone, the idea of natural order facilitated the unrestrained expansion of the penal sphere. It gave birth to our modern form of neoliberal penality. In this essay, I trace a genealogy of neoliberal penality and explore the damage it has wreaked in the field of crime and punishment specifically, and in the area of economy and society more generally.


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