RT Article
T1 Neoliberal legality as dual process: embeddedness, courts and crime prevention in the United States
JF The British journal of criminology
VO 59
IS 2
SP 334
OP 353
A1 Campeau, Holly
A1 Levi, Ron
LA English
YR 2019
UL https://krimdok.uni-tuebingen.de/Record/1590173244
AB This article advances research on ‘neoliberal legality’ to focus on the role of courts in response to neoliberal crime prevention approaches. Drawing on Karl Polanyi’s analysis of embeddedness in market capitalism, along with criminological research on the penal state, we analyse three case studies reflecting central crime prevention approaches of the neoliberal era in the United States. We find that neoliberal legality is more complex than simply legitimating or resisting neoliberal policies. We highlight how courts did both at once—they moderated the harshest edges of neoliberal policies through alternative symbolic frames, yet in so doing also legitimated the core of neoliberal crime prevention efforts. We argue that neoliberal legality operates through this dual process, in which the basic thrust of neoliberalism is legitimated by also having policies moderated, recast and embedded within other social and juridical expectations.
K1 Courts
K1 Neoliberalism
K1 Penal state
K1 Crime prevention
K1 Law
K1 Neoliberale Gesetzgebung
DO 10.1093/bjc/azy026