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Published August 15, 2022 | Version v1
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La signification des pouvoirs de crise économiques chez Eric Posner et Adrian Vermeule: temporalité du droit et fin de l'histoire

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Description

This paper aims to question the transformation of the legal concept of crisis, through that of
emergency powers, notably linked with their extension to new fields of application, in particular, to
economy. To do so, it proposes to expose the analysis of two American jurists, Eric A. Posner and
Adrian Vermeule, who developed a reflection about emergency powers, after the great economic crisis
of 2008. These proponents of the Economic analysis of law set up emergency powers at the heart of a
history of liberal law and institutional order, that had to adapt to the accelerated temporality of the
capitalist economy. I will attempt to show that crisis and emergency temporality allow jurists to
submit all the normative production to a presentist normativity, that realizes the heteronomy of law
and economics, as the accomplishment of a strange “end of history”.

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