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Free Market Criminal JusticeHow Democracy and Laissez Faire Undermine the Rule of Law$
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Darryl K. Brown

Print publication date: 2016

Print ISBN-13: 9780190457877

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780190457877.001.0001

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Criminal Justice by the Invisible Hand

Criminal Justice by the Invisible Hand

(p.61) Chapter 3 Criminal Justice by the Invisible Hand
Free Market Criminal Justice

Darryl K. Brown

Oxford University Press

This chapter explores how criminal justice systems are deeply affected by prevailing ideas about political economy—about the proper ways for states to organize and intervene in markets. Comparative studies of “varieties of capitalism” distinguish between “liberal market economies” such as the United States, and “coordinated market economies,” which describes most continental European nations. States with liberal-market policies play a smaller role in private markets than do those with coordinated-market policies, and this orientation is reflected in the administration of criminal justice systems as well. This chapter describes some aspects of U.S. law and practice, such as the law defining the right to defense counsel, that confirm the influence of economic ideology on how criminal process is both organized and justified.

Keywords:   neoliberalism, liberal market economy, coordinated market economy, political development, varieties of capitalism, comparative political economy

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