The Redress of Law
Globalisation, Constitutionalism and Market Capture

This book looks at what a critical understanding of constitutional, labour and European Union law entails under conditions of globalisation.

Emilios Christodoulidis (Author)

9781108732109, Cambridge University Press

Paperback / softback, published 15 April 2021

350 pages
15.5 x 23 x 3.5 cm, 0.88 kg

'Since Aristotle, jurists and philosophers have studied how human societies are constituted. In a fascinating and poetic fresco, Emilios Christodoulidis also shows how they are today dislocated by market constitutionalism. In a thoughtful dialogue with an impressive variety of authors, he also sheds light on the resources that the law offers to escape the grip of the 'total market'.' Alain Supiot, Professor of Law, Collège de France

From a legal-philosophical point of view, The Redress of Law presents a critical analysis of a number of related doctrinal fields: constitutional, labour and EU Law. Focusing on the organisation and protection of work, this book asks what it means to protect work as an essential aspect of human (individual and collective) flourishing. This is an ambitious and highly sophisticated intervention in contemporary academic and political debates around a set of critically important questions connected to processes of globalisation and market integration. The author redefines the nature of legal and political thought in an age in which market rationality has exceeded its classic domain and has come to pervade the organization of social and political life. This restatement of critical legal theory is intended to defend the concept of constitutionalism and suggest new ways to deploy the law strategically.

Introduction
Part I. Political Phenomenology: 1.1. Hannah Arendt and the theory of the bourgeois public sphere
1.2. Simone Weil, necessity and courage
1.3. The phenomenology of work
1.4. Toward a critical phenomenology
Part II. Political Constitutionalism: 2.1. Constituent power and the constitutional distinction
2.2. Constitutionality
2.3. Labour, solidarity and the social constitution
2.4. Constitutionalism adrift
Part III. Market Constitutionalism: 3.1. Market trajectories
3.2. 'Total market' thinking
3.3. Europe's social market and the disembedding of labour protection
3.4. The deep commodification of labour
Part IV. Strategies of redress: 4.1 The constitutional situation
4.2. Militant formalisms
4.3. Constitution, autogestion, rupture
4.4: Constitutionalising contradiction
toward an open constitutional dialectic.

Subject Areas: Constitutional & administrative law [LND], Jurisprudence & philosophy of law [LAB], Political science & theory [JPA], Globalization [JFFS], Social & political philosophy [HPS]