Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2009 Neoliberal Penality: The Birth of Natural Order, the Illusion of Free Markets Bernard E. Harcourt Columbia Law School,
[email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Law and Economics Commons Recommended Citation Bernard E. Harcourt, Neoliberal Penality: The Birth of Natural Order, the Illusion of Free Markets, APSA 2009 TORONTO MEETING PAPER (2009). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1590 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact
[email protected]. NEOLIBERAL PENALITY: THE BIRTH OF NATURAL ORDER, THE ILLUSION OF FREE MARKETS BERNARD E. HARCOURT PAPER PRESENTED AT APSA 2009 21 AUGUST 2009 Neoliberal Penality 1 Introduction “The laws that govern societies are the laws of natural order the most advantageous to humankind.” With these words, François Quesnay opened his essay on The Despotism of China in 1767. The essay would be one of Quesnay’s last contributions to the field of economics—a discipline that he helped establish—and this first sentence captured the organizing principle of his entire economic thought: natural order. The economic domain, Quesnay believed, was governed by a natural order and