Law and Illiberalism
Law and Illiberalism
Does the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism—namely the rights of all individuals and constraints on state power—still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump’s administration, Viktor Orban’s Hungary, Recep Erdogan’s Turkey, and Jair Bolsanoro’s Brazil.
In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of “free speech”; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection. In addition to the editors, contributors include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee McIntyre, and Nancy Rosenblum.
A 2023 CHOICE Outstanding Academic Title!
‘This book arrives at a crucial moment, offering a theoretically rich account of the dangers liberalism faces today.’—H. H. Williams, CHOICE
‘A very timely volume, Law and Illiberalism looks at how law serves as a check on illiberalism and, further, how law itself is called into question due to its long association with liberalism and its conceits. If you care about the future of law in an increasingly illiberal and anti-liberal world—and you should—this is the volume for you.’—James R. Martel, author of The Misinterpellated Subject
AUSTIN SARAT is William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.
LAWRENCE DOUGLAS is James J. Grosfeld Professor of Law, Jurisprudence, and Social Thought at Amherst College.
MARTHA MERRILL UMPHREY is Bertrand H. Snell 1894 Professor in American Government at Amherst College.
