This paper first briefly discusses Foucault's approach to governmentality, before detailing and analysing Foucault's account of German ordoliberalism, a configuration based on the theoretical configuration of economics and law developed at the University of Freiberg by W. Eucken and F. Böhm that views the market contingently as developing historically within a judicial-legal framework. The economy is thus based on a concept of the Rule of Law, anchored in a notion of individual rights, property rights and contractual freedom that constitutes, in effect, an economic constitution.

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