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Ordoliberalism, Law and the Rule of Economics

Edited by: Josef Hien, Christian Joerges

ISBN13: 9781509919048
Published: December 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £120.00
Paperback edition , ISBN13 9781509937509

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Ordoliberalism is a theoretical and cultural tradition of significant societal and political impact in post-war Germany. For a long time the theory was only known outside Germany by a handful of experts, but ordoliberalism has now moved centre stage after the advent of the financial crisis, and has become widely perceived as the ideational source of Germany's crisis politics.

In this collection, the contributors engage in a multi-faceted exploration of the conceptual history of ordoliberalism, the premises of its founding fathers in law and economics, its religious underpinnings, the debates over its theoretical assumptions and political commitments, and its formative vision of societal ordering based upon a synthesis of economic theories and legal concepts.

The renewal of that vision through the ordoliberal conceptualisation of the European integration project, and now the challenges of the European crisis, are a common concern of all these endeavours. So are the divergent perceptions of ordoliberalism within Germany and by its neighbours in the North and the South of the EU. They unfold interdisciplinary affinities and misunderstandings, cultural predispositions and prejudices, political preferences and cleavages.

By examining European traditions through the lens of ordoliberalism the book illustrates the diversity of European economic cultures, and the difficulty of transnational political exchanges, in a time of European crisis.

Law and Economics
Introduction: Objectives and Contents of the Volume
Josef Hien and Christian Joerges

Section I: Irritations/Perceptions of Ordoliberalism and of German Politics
1. Dirigisme and Modernism vs Ordoliberalism
Bruno Amable
2. Why and How has German Ordoliberalism Become a French Issue? Some Aspects about Ordoliberal Thoughts we can Learn from the French Reception
Arnaud Lechevalier
3. Ordoliberalism’s Trans-Atlantic (Un)Intelligibility: From Friedman and Eucken to Geithner and Schäuble
William Callison
4. The Tepid Reception of Ordoliberalism in Italy and Present-Day Dissent
Stefano Solari
5. Ordoliberalism as Tradition and as Ideology
Kenneth Dyson

Section II: The Political Liberalism of Ordoliberalism
6. Ordoliberalism as a Variety of Neoliberalism
Thomas Biebricher
7. Breaking the ‘Caging’ Mentality: Ordoliberalism, Responsibility and Solidarity in the EU
Maurizio Ferrera
8. What is Neoliberal in Germany’s and Europe’s Crisis Politics?
Brigitte Young
9. The Success Story of Ordoliberalism as the Guiding Principle of German Economic Policy
Stephan Pühringer

Section III: The Ordering Functions of Law in the Ordoliberal Tradition
10. Debunking the Myth of the Ordoliberal Influence on Post-war European Integration
Angela Wigger
11. The Overburdening of Law by Ordoliberalism and the Integration Project
Christian Joerges
12. Ordoliberal Escape from Societas Economica: Re-establishing the Normative
Michelle Everson
Section IV: The Moral and Normative Dimension of ‘the Economic’ and the Ordoliberal Tradition
13. Ordoliberalism, Polanyi, and the Theodicy of Markets
David M. Woodruff
14. Ordoliberalism Within and Outside Germany’s Co-ordinated Market Economy
Albert Weale
15. Competition or Conflict? Beyond Traditional Ordoliberalism
Malte Dold and Tim Krieger
16. Ordoliberalism and the Quest for Sacrality
Josef Hien
Section V: Government without Law
17. Ordoliberalism and Political Theology: On the Government of Stateless Money
Werner Bonefeld
18. Policy Between Rules and Discretion
Jonathan White
19. How Monetary Rules and Wage Discretion get into Conflict in the Eurozone (And What—If Anything—Ordoliberalism has to do with it)
Philip Manow