Stanley Fish on neoliberalism. Which he actually endorses. But he also makes a good argument against it. Read the whole thing here.
Nathan O'Halloran, SJWhat I’ve learned (and what some readers of this column no doubt already knew) is that neoliberalism is a pejorative way of referring to a set of economic/political policies based on a strong faith in the beneficent effects of free markets. Here is an often cited definition by Paul Treanor: “Neoliberalism is a philosophy in which the existence and operation of a market are valued in themselves, separately from any previous relationship with the production of goods and services . . . and where the operation of a market or market-like structure is seen as an ethic in itself, capable of acting as a guide for all human action, and substituting for all previously existing ethical beliefs.” (“Neoliberalism: Origins, Theory, Definition.”)In a neoliberal world, for example, tort questions — questions of negligence law — are thought of not as ethical questions of blame and restitution (who did the injury and how can the injured party be made whole?), but as economic questions about the value to someone of an injury-producing action relative to the cost to someone else adversely affected by that same action. It may be the case that run-off from my factory kills the fish in your stream; but rather than asking the government to stop my polluting activity (which would involve the loss of jobs and the diminishing of the number of market transactions), why don’t you and I sit down and figure out if more wealth is created by my factory’s operations than is lost as a consequence of their effects?As Ronald Coase put it in his classic article, “The Problem of Social Cost” (Journal of Law and Economics, 1960): “The question to be decided is: is the value of the fish lost greater or less than the value of the product which the contamination of the stream makes possible?” If the answer is more value would be lost if my factory were closed, then the principle of the maximization of wealth and efficiency directs us to a negotiated solution: you allow my factory to continue to pollute your stream and I will compensate you or underwrite the costs of your moving the stream elsewhere on your property, provided of course that the price I pay for the right to pollute is not greater than the value produced by my being permitted to continue.Notice that “value” in this example (which is an extremely simplified stand-in for infinitely more complex transactions) is an economic, not an ethical word, or, rather, that in the neoliberal universe, ethics reduces to calculations of wealth and productivity. Notice too that if you and I proceed (as market ethics dictate) to work things out between us — to come to a private agreement — there will be no need for action by either the government or the courts, each of which is likely to muddy the waters (in which the fish will still be dying) by introducing distracting moral or philosophical concerns, sometimes referred to as “market distortions.”