Twilight of the American State

Front matter

= Twilight /

-= of the

American state

IV. INTRODUCTION—DISTRACTION AND CATASTROPHE The Trump Show

The Current Disorder

What Now?

The Emergence of the Liberal Democratic State The U.S. Constitution—Sacred and Prosaic State and Civil Society

Parting Thoughts

THE ADMINISTERED STATE Administered and Administrative The Administrative State

Slippage—from the Administrative State to the Administered State

Design—from the Legal Academy to the Administered State The Corrosive Consequences of the “Constructive” Approaches

A More Materialist Account of Neoliberalism

What Neoliberalism Is Not

The Legal Mechanics of Invisibilization

The Legal Mechanics of Neoliberalism

The Erasure of the State/Civil Society Distinction

The Neoliberal Entanglement of State and Civil Society vii

The Contradictions of the Neoliberal State 124 Neoliberal Futures 128 Neoliberal Domination? 131

V. THE DISSOCIATIVE STATE 134

A Lack of Awareness and Reconnaissance 138

The Absence of Legal Mind 140 Uber-Positivism 141

The Dissolution of Identity 148

VI. THE AUTHORITARIAN TEMPTATION 152 Authoritarian Opportunism 152 Mythic Fascism 153

VII. THE CONTEST OF DIAGNOSES 161 Culture-Wide Decadence 169 Macro Blockage—Micro Proliferation 172

The Dark Specters 174 Misapprehending Social Coordination Systems 175 CODA 179 Notes on Method 183 Notes 195 Index 221

Digital materials related to this title can be found on the Fulcrum platform via the following citable URL https://doi.org/ 10.3998/mpub.12393244

LIST OF CHARTS

Chart I: Liberal Democratic/Administered States

Chart II: Liberal Democratic/Administered/Neoliberal States

ACKNOWLEDGMENTS

For help in writing this book I am grateful to friends and colleagues Fred Bloom, Erik Gerding, Maria Grahn-Farley, Sharon Jacobs, Sarah Krakoff and Zoran Oklopcic. I have benefited from the great work of my research assistant Daniel Sequeira. I am grateful to my friend David Eason for many discussions about the ideas set down herein. Various chapters of this book were presented at the University of Arizona Law School, the University of Colorado Law School, Sciences Po Law in Paris, and the University of Glasgow School of Law. I thank the participants for their comments and criticisms. I am extremely grateful to my amazing faculty coordinator, Kelly Ilseng, who edited and proofed my work and always anticipated the next steps. Iam also grateful to my Dean, James Anaya, who was highly supportive of this project throughout and, of course, to my wife, Elisabeth Hyde.