Neoliberal law and economics replaced rule-of-law with economic reason for judges

Evidence

While original Chicago School liberals like Simons insisted that the courts apply clear criteria—the rule of the law—rather than the vague rule of reason, the emerging neoliberal law and economics doctrine—developed by MPS member Henry G. Manne and financed by the Olin Foundation (compare Miller 2006)—demanded an entirely new approach. This new approach was at odds with the neoliberal emphasis on the rule of law: judges should instead be educated to apply a rule of (neoliberal) economic reason perspective. — Philip Mirowski & Dieter Plehwe (eds.), The Road from Mont Pèlerin, 158

Categorization

• XREF: Connects to the reader’s knowledge of Olin Foundation funding of law and economics programs (e.g., Teles’s ‘The Rise of the Conservative Legal Movement’); also relates to contemporary debates over economics-trained judges. — connects to: Early neoliberalism subordinated economic machinery to a prior moral authority and rule of law — Dieter Plehwe, Quinn Slobodian & Philip Mirowski (eds.), Nine Lives of Neoliberalism, 363; Neoliberalism economizes justice, sovereignty, and the rule of law — Wendy Brown, Undoing the Demos: Neoliberalism’s…, 32; Free-market economic theory now functions as the logic of judicial reasoning — Wendy Brown, Undoing the Demos: Neoliberalism’s…, 637 (+3 more)
• corroborated: 2 independent passages support this claim — Philip Mirowski & Dieter Plehwe (eds.), The Road from Mont Pèlerin: The Making…, 158

Broader Connections

• Neoliberalism economizes justice, sovereignty, and the rule of law #expands (0.90) — Wendy Brown, Undoing the Demos, 32
• Free-market economic theory now functions as the logic of judicial reasoning #corroborates (0.85) — Wendy Brown, Undoing the Demos, 637
• Governance displaces the rule of law with business instruments #expands (0.80) — Wendy Brown, Undoing the Demos, 137
• Economics has replaced politics as the governing science of the state #corroborates (0.75) — Wendy Brown, Undoing the Demos, 154