

According to classical liberalism, the law must ignore socioeconomic inequalities. According to neoliberals, inequalities must be identified, analyzed and exploited in order to efficiently allocate rights. While in classical liberalism private economic power is considered an annoying exception, in the dominant neoliberal thought private economic power is considered a force driving innovation and development and, therefore, legitimized and, often, encouraged. This evolution of liberalism has entailed: a theoretical change in the conception of subjective rights; new norms and new interpretations (exemplified with reference to company, antitrust and tax law), which have caused an enormous growth in inequalities; a shift in attention from the issue of equality to that of the legitimacy of discrimination.
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