Bernard Harcourt quotes
At what price have so many of us come to believe that the economy is the realm of natural order and that the legitimate and competent sphere of policing-of administration and government-lies elsewhere? What flows from that sharp dichotomy between orderliness in the market and ordering in the penal sphere? At what price do we embrace these categories? And here, the answer is equally clear: at the price, first, of naturalizing the market and thereby effectively shielding from normative assessment the regulatory mechanisms in our contemporary markets and the wealth distributions that occur daily; and at the price, second, of easing, facilitating, and enabling the massive expansion of our penal sphere, or, to be more provocative, of making possible mass incarceration today.
Bernard Harcourt
The notion that human interaction could spontaneously and autonomously achieve a stable, orderly, self-sustaining form of equilibrium in the absence of government intervention-what François Quesnay and the first school of économistes dubbed un ordre naturel in the late 1750s-has facilitated a conception of the market as a self-regulating system that could only prosper by purging itself of the prejudicial meddling of governments and politics. In the face of this new conception of an orderly market, governance would be relegated outside that autonomous space, charged with the responsibility of policing and punishing those who deviate-those who do not see the natural laws or, in more technical jargon, who bypass the market.
Bernard Harcourt
The doctrine of laissez-faire in the mid-nineteenth century essentially allowed three functions for the government: first, maintaining the external defense of the country; second, providing for the internal order and security of persons; and third, possibly, providing for minimal public amenities. ... Criminalization and punishment became, undisputedly, the most legitimate and competent task of the government. There, for sure, government intervention was proper, necessary, legitimate, and competent. There, natural orderliness had to be replaced by governmental ordering.
Bernard Harcourt
Faith in natural order and market efficiency forecloses a full normative assessment of market outcomes. ... It effectively depoliticizes the market itself and its outcomes. It is only when the illusion of natural order is lifted that a real problem arises: that of the justice of the organizational rules and their distributional consequences.
Bernard Harcourt
The idea of natural order, in effect, masks the state's role. ... Robert Hale ... demonstrated the extent to which the distribution of income and wealth is the product of legal rules we choose to impose. Hale trained our attention on the foundational rules of property and contract law, showing how free, voluntary, compensated exchange is in fact a product of the legal coercion that the government establishes through its role in defining property rights.
Bernard Harcourt
