Abstract

http://ssrn.com/abstract=2020659
 
 

Citations (1)



 


 



On the American Paradox of Laissez Faire and Mass Incarceration


Bernard E. Harcourt


Columbia University

March 6, 2012

Harvard Law Review Forum, Forthcoming
University of Chicago Institute for Law & Economics Olin Research Paper No. 590
U of Chicago, Public Law Working Paper No. 376

Abstract:     
In The Illusion of Free Markets (Harvard 2011), Professor Bernard Harcourt analyzes the evolution of a distinctly American paradox: in the country that has done the most to promote the idea of a hands-off government, we run the single largest prison complex in the entire world. Harcourt traces this paradox back to the eighteenth century and demonstrates how the presumption of government incompetence in economic affairs has been coupled with that of government legitimacy in the realm of policing and punishing. Harcourt shows how these linked presumptions have fueled the expansion of the carceral sphere in the nineteenth and twentieth centuries.

Professor James Q. Whitman’s book review in the Harvard Law Review criticizes The Illusion of Free Markets for engaging the writings of Michel Foucault on punishment, and for being surprisingly callous about the problem of mass incarceration. In this response to Professor Whitman’s review, Professor Harcourt clarifies the theoretical stakes of the debate in order to demonstrate, first, that the book represents an attempt to get beyond both the Chicago School and Foucault’s concept of discipline. Second, Harcourt returns to the problem of mass institutionalization to argue that a more nuanced reading of the available data is necessary. Overall, Professor Harcourt stresses the importance of questioning what so often passes as received wisdom.

Number of Pages in PDF File: 22

Keywords: Chicago School, free markets, neoliberalism, mass incarceration, prison, asylum

Accepted Paper Series





Download This Paper

Date posted: March 13, 2012  

Suggested Citation

Harcourt, Bernard E., On the American Paradox of Laissez Faire and Mass Incarceration (March 6, 2012). Harvard Law Review Forum, Forthcoming; University of Chicago Institute for Law & Economics Olin Research Paper No. 590; U of Chicago, Public Law Working Paper No. 376. Available at SSRN: http://ssrn.com/abstract=2020659

Contact Information

Bernard E. Harcourt (Contact Author)
Columbia University ( email )
Jerome Green Hall, Room 515
435 West 116th Street
New York, NY 10027
United States
HOME PAGE: http://www.law.columbia.edu/fac/Bernard_Harcourt
Feedback to SSRN


Paper statistics
Abstract Views: 931
Downloads: 199
Download Rank: 90,762
Citations:  1

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.281 seconds