“Neoliberalism” refers to the revival of the doctrines of classical economic liberalism, also called laissez-faire, in politics, ideas, and law. These revived doctrines have taken new form in new settings: the “neo-” means not just that they are back, but that they are also different, a new generation of arguments. What unites the two periods of economic liberalism is their political effect: the assertion and defense of particular market imperatives and unequal economic power against political intervention. Neoliberalism’s advance over the past few decades has reshaped most important domains of public and private life, and the law has been no exception. From constitutional doctrine to financial regulation to intellectual property and family law, market and market-mimicking approaches are now commonplace in our jurisprudence.
David S. Grewal & Jedediah S. Purdy,
Introduction: Law and Neoliberalism,
Law & Contemp. Probs.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3243