What is Economic Law?

65 Pages Posted: 29 Jul 2020

See all articles by Peer C. Zumbansen

Peer C. Zumbansen

King's College London & Osgoode Hall Law School; King’s College London, Dickson Poon Transnational Law Institute

Date Written: July 26, 2020

Abstract

The paper revisits and elaborates on the improbable concept of “economic law” which originated in early twentieth-century debates in search of an legal political framework for a capitalist economy under democratic control. In analyzing its composite elements – “law” and “economic” – it becomes obvious how the connection of the two has always been the question rather than the answer. By placing the deconstruction of economic law in the context of state transformation and globalization, on the one hand, and mainstream legal theory with its tendency to “name” a legal field rather than to explore what this name can explain, on the other, economic law emerges as a critical tool and methodology. As such, it offers its services to the current renewal of “law & political economy” as it, too, seeks to uncover and render visible how law is implicated in the creation and perpetuation of social inequality and violence.

Keywords: Economic Law, power, discipline, violence, public-private divide, Pandemic, COVID-19, corporate governance, labor rights, economic constitution, vulnerability, inclusiveness, neoliberalism, transnational law

Suggested Citation

Zumbansen, Peer C., What is Economic Law? (July 26, 2020). TLI Think! Paper 20/2020, King's College London Law School Research Paper No. 2021/1, Available at SSRN: https://ssrn.com/abstract=3660836 or http://dx.doi.org/10.2139/ssrn.3660836

Peer C. Zumbansen (Contact Author)

King's College London & Osgoode Hall Law School ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

King’s College London, Dickson Poon Transnational Law Institute ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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