{"title":"Theft in Broad Daylight: Racism and Neoliberal Legality.","authors":"Brenna Bhandar","doi":"10.1007/s10978-021-09308-9","DOIUrl":null,"url":null,"abstract":"<p><p>In this article the author examines Fitzpatrick's foundational critique of liberal legality and racism, a theme which remained central to his decades-long excavation of modern law's self-identity. After considering Fitzpatrick's 'separation thesis', the author then turns to consider the ways in which neoliberal legality is parasitic upon liberal legal racial formations while at the same time, obscuring the foundational place of race in contemporary capitalism by subsuming material life within its modes of value extraction.</p>","PeriodicalId":44360,"journal":{"name":"LAW AND CRITIQUE","volume":"32 1","pages":"285-299"},"PeriodicalIF":0.8000,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8378288/pdf/","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"LAW AND CRITIQUE","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s10978-021-09308-9","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2021/8/20 0:00:00","PubModel":"Epub","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
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Abstract
In this article the author examines Fitzpatrick's foundational critique of liberal legality and racism, a theme which remained central to his decades-long excavation of modern law's self-identity. After considering Fitzpatrick's 'separation thesis', the author then turns to consider the ways in which neoliberal legality is parasitic upon liberal legal racial formations while at the same time, obscuring the foundational place of race in contemporary capitalism by subsuming material life within its modes of value extraction.
期刊介绍：
Law and Critique is the prime international critical legal theory journal. It has been published for 20 years and is associated with the Critical Legal Conference. Law and Critique covers all aspects of legal theory, jurisprudence and substantive law that are approached from a critical perspective. Law and Critique has introduced into legal scholarship a variety of schools of thought, such as postmodernism; feminism; queer theory; critical race theory; literary approaches to law; psychoanalysis; law and the humanities; law and aesthetics and post-colonialism. Postmodern jurisprudence, law and aesthetics and law and psychoanalysis were pioneered in Law and Critique which remains the most authoritative international source for these schools of thought. Law and Critique is keen to translate and incorporate non-English critical legal thought. More specifically, Law and Critique encourages the submission of articles in the areas of critical legal theory and history, law and literature, law and psychoanalysis, feminist legal theory, critical race theory, law and post-colonialism; postmodern jurisprudence, law and aesthetics; legal phenomenology; and law and autopoiesis. Past special issues include: ''Critical Legal Education''; ''The Gender of Law''; ''Law and Postmodernism''; ''Law and Literature''; ''Law and Post-colonialism'', ''Law and Theatre''; ''Jean-Luc Nancy and Law''; ''Agamben and Law''. Law and Critique is ranked amongst the top 20 per cent of law journals by the Australian Research Council.
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