Commodification in law: ideologies,intractabilities, and hyperboles |
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Authors: | Nick Smith |
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Affiliation: | (1) Department of Philosophy, University of New Hampshire, Durham, NH, USA |
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Abstract: | In this paper I first aim to identify, from a perspective mindful of both analytic and Continental traditions, the central normative issues at stake in the various debates concerning commodification in law. Although there now exists a wealth of thoughtful literature in this area, I often find myself disoriented within the webs of moral criteria used to analyze the increasingly ubiquitous practice of converting legal goods into monetary values. I therefore attempt to distinguish and organize these often conflated conceptual distinctions across several registers of moral analysis. Second, I formulate what I consider the most illuminating questions regarding the criteria used to evaluate commodification in law. Critiques of commodification in law face what I call problems of ideology, intractability, and hyperbole, and identifying these issues helps to explain the momentum of the law and economics movement. |
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Keywords: | Commodification Law Marx, Karl Adorno, Theodor Simmel, Georg |
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