In The Law of Political Economy: Transformation in the Function of Law. Cambridge: Cambridge University Press. pp. 1- 30 (2020)

Poul F. Kjaer
Copenhagen Business School
The law of political economy is a contentious ideological field characterised by antagonistic relations between scholarly positions which tend to be either affirmative or critical of capitalism. Going beyond this schism, two particular features appear as central to the law of political economy: the first one is the way it epistemologically seeks to handle the distinction between holism and differentiation, i.e., the extent to which it sees society as a singular whole which is larger than its parts, or, rather, as a mere collection of parts. Different types of legal and political economy scholarship have given different types of answers to this question. The second feature of the law of political economy is the way in which it conceives of the relation between hierarchical and spontaneous dimensions of society, i.e., between firms and the market, or between public institutions and public opinion. The two distinctions can, however, be overcome through a third-way, emphasising the strategic role of law in mediating between holism and differentiation and hierarchy and spontaneity. This is demonstrated through a historical re-construction of the evolution of corporatist, neo-corporatist, and governance-based institutional set-ups of political economy.
Keywords political economy  governance  ordoliberalism  neoliberalism  law and economics  corporatism  neo-corporatism  embeddedness
Categories (categorize this paper)
Buy the book Find it on
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

 PhilArchive page | Other versions
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

Add more references

Citations of this work BETA

Add more citations

Similar books and articles

‘From Political Economy to Economics’ and Beyond.Steve Fleetwood - 2012 - Historical Materialism 20 (3):61-80.
The Economy and Pocock's Political Economy.Ryan Walter - 2008 - History of European Ideas 34 (3):334-344.
The Idealization of Economic Reality in Classical Political Economy.Sergio Volodia Marcello Cremaschi - 1986 - In Evandro Agazzi, Marco Mondadori & Sandra Tugnoli Pattaro (eds.), Logica e Filosofia della Scienza, oggi. Volume 2. Bologna: CLUEB. pp. 257-262.
Critical Semiotic Analysis and Cultural Political Economy.Bob Jessop * - 2004 - Critical Discourse Studies 1 (2):159-174.
Political Economy: History with the Politics Left Out?Roger Backhouse - 2012 - Historical Materialism 20 (3):24-38.
On a Universal Scale: Economy in Bataille’s General Economy.Asger Sørensen - 2012 - Philosophy and Social Criticism 38 (2):169-197.
Introduction: Symposium on Robust Political Economy.Nick Cowen - 2016 - Critical Review: A Journal of Politics and Society 28 (3-4):420-439.
Property Rights in an Entangled Political Economy.Mikayla Novak - 2018 - Journal des Economistes Et des Etudes Humaines 24 (1).


Added to PP index

Total views
237 ( #43,599 of 2,462,464 )

Recent downloads (6 months)
18 ( #43,535 of 2,462,464 )

How can I increase my downloads?


My notes