What the study found
The article argues that under neoliberal restructuring, representative democracy has been reshaped so that political conflict is displaced from institutional arenas and reorganized in legal and technocratic settings. It describes neoliberal legality as a moral and managerial form of authority that fragments collective agency, individualizes responsibility, and reframes dissent as deviance.
Why the authors say this matters
The authors contend that law both legitimizes the retreat of democratic contestation under a claim of neutrality and provides the symbolic infrastructure for governing dissent. The study suggests this makes the neoliberal legal order a site of democratic regression, and the authors conclude by outlining a critical theory of democratic law centered on conflict, reciprocity, and recognition.
What the researchers tested
The article develops a sociological critique of democratic law using concepts from classical sociology. It also draws on contemporary sociological theory, critical legal studies, and the semiotics of power to examine changes in representative democracy under neoliberal restructuring.
What worked and what didn't
The argument presented is that depoliticisation is not a simple retreat of politics, but a reorganization of authority through neutralizing antagonism. The article also contends that law can simultaneously support the retreat of democratic contestation and serve as a tool for managing dissent.
What to keep in mind
The abstract does not describe empirical data, sample size, or a specific case study. It presents a theoretical and conceptual argument, so the claims should be read within that scope.
Key points
- Political conflict is described as moving from institutional arenas into juridical and technocratic domains.
- Depoliticisation is defined as a reorganization of authority through the neutralization of antagonism.
- Neoliberal legality is presented as fragmenting collective agency and individualizing responsibility.
- Dissent is said to be reframed as deviance within this legal order.
- The authors conclude by sketching a critical theory of democratic law centered on conflict, reciprocity, and recognition.
Disclosure
- Research title:
- Neoliberal law is described as reorganizing democratic conflict
- Authors:
- Fabio de Nardis
- Institutions:
- University of Salento
- Publication date:
- 2026-01-27
- OpenAlex record:
- View
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