Does LPE Need Theory? – LPE Project

The Role of Law in Capitalism

James Brandt — Tue, 31 Oct 2023 11:00:00 +0000

This post is part of a series on whether LPE needs theoretical foundations, and, if so, what kind of theory it needs. Read the rests of the posts here. *** We should judge whether we need a theory, and what theory we need, by whether it is more or less useful and for what purposes, rather than by whether it is right or wrong in any abstract sense. An explanation of how the economy and society...

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Is Capitalism “a Thing”?

James Brandt — Mon, 23 Oct 2023 11:00:00 +0000

According to Sam Moyn, capitalism and the ills it is said to generate are nothing more than a contingent jumble of various legal rules and regulations. Indeed, “capitalism” is merely a term of abuse, to which nineteenth-century thinkers made a misguided attempt to attribute “general laws.” This critique, however, overlooks the extent to which Marx’s conception of capitalism is itself historically specific, even contingent. Capitalism is not a consequence of ineluctable laws of nature, human or otherwise, but a fortuitous convergence of a peculiar constellation of social relations and institutions.

Critical Legal Theory & Radical Political Praxis

James Brandt — Thu, 19 Oct 2023 11:00:00 +0000

In his recent post about the LPE Movement’s reticence toward legal theory, Sam Moyn speculates that this aversion may be born of a noble yet misguided deference towards grassroots social movements. Deference, however, does not capture the dynamic relationship between critical legal theory and radical political practice. One does not precede the other or take priority. Instead, from W.E.B. Du Bois to Michel Foucault to Angela Davis, our most important critical thinkers have always engaged in a productive back-and-forth, in which theory and practice constantly challenge, check, and transform each other.

Did CLS Have (Much Of) Any Theory?

James Brandt — Mon, 16 Oct 2023 11:00:00 +0000

This post is part of a series on whether LPE needs theoretical foundations, and, if so, what kind of theory it needs. Read the rests of the posts here. *** Sam Moyn’s recent blog post urging a renewed interest in a radical theory of law, and his accompanying article’s reconstruction and defense of (a part of) CLS, are timely and valuable contributions. Now, I would say that, since, like Sam...

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In Defense of Theoretical Quietism

James Brandt — Tue, 03 Oct 2023 11:00:00 +0000

This post is part of a series on whether LPE needs theoretical foundations, and, if so, what kind of theory it needs. Read the rests of the posts here. *** Sam Moyn has recently challenged what he sees as the dominance of “theoretical quietism” in LPE, including the refusal to decide whether we are “liberals or low-key Marxists.” Consistent with the charge of quietism, I would prefer not to be...

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Legal Theory in the Lowercase

James Brandt — Tue, 19 Sep 2023 11:00:00 +0000

The idea that LPE is lacking in legal theory, as Sam Moyn has recently claimed, depends on what counts as legal theory. If we take Legal Theory to be a subject that is defined by the Marxism-related anxieties of CLS, then LPE work is severely under-theorised. If, instead, we endorse an idea of legal theory without capitalisation - a way of writing about law that is explicit and explanatory about our assumptions - then many LPE scholars have been analytically generous in presenting their understanding of law and political economy, even if more remains to be done.

Cemex and the Right to Organize: Three Theories of the Case

James Brandt — Thu, 14 Sep 2023 11:00:00 +0000

This post is part of a series on whether LPE needs theoretical foundations, and, if so, what kind of theory it needs. Read the rests of the posts here. *** On August 25th, the National Labor Relations Board (NLRB) issued an opinion that may make it substantially easier for workers to obtain collective bargaining rights. The decision, which is quite important in its own right...

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In Defense of Theoretical Pluralism

James Brandt — Tue, 12 Sep 2023 11:00:00 +0000

This post is part of a series on whether LPE needs theoretical foundations, and, if so, what kind of theory it needs. Read the rests of the posts here. *** Sam Moyn’s recent blog post (along with the underlying article) is bracing and extremely welcome. There is a lot to say about it, so I’ll summarize brutally here: I think (1) Sam is right that critical and reformist legal theory presupposes...

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Does LPE Need Theory?

James Brandt — Mon, 04 Sep 2023 11:00:00 +0000

This post kicks off a series on whether LPE needs theoretical foundations, and, if so, what kind of theory it needs. Read the responses here. *** The Law and Political Economy movement has already wrought a vast change to the legal academy. In an impressively short time, it has established itself as a presence, built this blog and hosted conferences, imagined curricular change...

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