It has been commonplace to equate Foucault’s 1979 series of lectures at the Collège de France with the claim that for neoliberalism, unlike for classical liberalism, the market needs to be artificially constructed. The article expands this claim to its full expression, taking it beyond what otherwise would be a simple divulgation of a basic neoliberal tenet. It zeroes in on Foucault’s own insight: that neoliberal constructivism is not directed at the market as such, but, in principle, at society, arguing (...) that the value of this insight goes beyond the critique of a neoliberal present. The neoliberal rationale rather helps him to reveal a unique historical architecture, a latent approach to the social dissimilar to the one that has long predominated in the human sciences. The inversion of homo œconomicus in neoliberal theory amounted to the unearthing of a ‘social subject of interest’ within civil society. Such a subject, barely recognized by neoliberals who simply instrumentalize it for the sake of the market, demonstrates that the social is not necessarily the natural product of ethical subjects; that society may also need to be constructed. (shrink)

James Tully's Strange Multiplicity uses the example of indigenous minorities in the white settler colonies of North America to develop a remarkably powerful critique of liberal constitutionalism's rule of uniformity. In proclaiming the identity of all persons before the law, he insists, liberal constitutional arrangements commonly discriminate against indigenous and other minorities. While the force of this critique is undeniable, it nevertheless takes at face value one of the central claims of liberal consitutionalism, namely, its claim to be based on (...) the rule of uniformity. Examination of liberal reflections on the government of subject peoples, most of whom were regarded as being, in Mill's words, “not sufficiently advanced for representative government“, suggests a rather different picture. In place of the rule of uniformity we find a variety of alternatives but, most commonly, an insistence, first, that the government of such peoples should focus on their welfare and eventual improvement rather than on their liberty and, second, that they should be governed as far as possible through their own institutions and structures of authority. The result was a highly differentiated form of rule in which what were believed to be indigenous arrangements were adapted to the joint requirements of improvement and administrative convenience. Thus, what seems to be a powerful commitment to individual liberty on the part of liberal political reason should be seen as simply one element in a broader liberal perspective on the government of populations. At least as important in this perspective as the rule of uniformity is the presumption that some cultures are more advanced than others and a corresponding view of many cultural differences in historical and developmental terms. (shrink)