Critical Legal Theory

An Introduction: Legal Surrealism

Acephale

We thought it might be an inter­est­ing idea of post a num­ber of texts of a legal sur­real­ism. We will pub­lish a series of texts from and on the jur­idical writ­ings of sur­real­ism. As a jur­is­pru­dence it has, essen­tially, been writ­ten out of the canon. How­ever, if time is taken over the texts we think they reward a care­ful reading,…

Anthropophagite Manifesto

Hans Staden: Cannibali del Brasile (1557)

Only anthro­po­phagy unites us. Socially. Eco­nom­ic­ally. Philosophically. The world’s only law. The masked expres­sion of all indi­vidu­al­isms, of all col­lect­iv­isms. Of all reli­gions. Of all peace treaties. Tupy, or not tupy that is the ques­tion.1 Against all cat­ech­isms. And against the mother of the Gracchi. The only things that interest me are those that are not mine. Law…

Law

Inside

Law comes from “lex” (“legere”; to read). Who could read the law? And who can write it? The one empowered to do so. The law is always inac­cur­ate because accur­acy could only be achieved at the cost of an infin­ite negen­tropy, and it would an infin­ite amount of inform­a­tion and time, as it is evidenced…

In Memoriam — Jose Luis Brea (1957 – 2010)

At the end of August 2010, the pub­lic­a­tion of what would sadly turn out to be the pen­ul­tim­ate text writ­ten by José Luis Brea, Pro­fessor of Aes­thet­ics and Con­tem­por­ary Art The­ory at the Uni­ver­sidad Car­los III of Mad­rid, awoke in many of us a deep feel­ing of sor­row and anxi­ety. The art­icle in salonKritik, the online…

Rights to be Specs of Human Capital

Wendy Brown

I want to draw atten­tion to the recent inter­view with Prof. Wendy Brown on Human Rights in Ireland. Prof. Brown engages ini­tially with the ques­tion of cri­tique, and its rela­tion to rights. She refuses to reject rights, but instead seeks to ques­tion the premises upon which they stand and the power rela­tions in which they emerge.…

Nomadic Thinking

Little Dots: By kind permission of "generative artist" Kristin Henry.

This present­a­tion is a few notes on a ques­tion. The ques­tion being: What does it mean to say: the free space of think­ing? As my title sug­gests, I would like to relate the free space of think­ing to what one might simply call nomadic think­ing. To this end, I will draw upon Deleuze and Guattari’s Nomad­o­logy and, in addi­tion, the…

Human Rights and the Crisis of Modernity

Truth’ emerges when a vic­tim, from his present cata­strophic pos­i­tion, gains a sud­den insight into the entire past as a series of cata­strophes that led to his cur­rent pre­dic­a­ment. (Wal­ter Ben­jamin) The hor­rors of the Second World War and, in par­tic­u­lar, the ‘real hell’ of Aus­chwitz’, are usu­ally seen as the back­ground from which the Uni­ver­sal Declar­a­tion of…

Jerry Springer Politics in Greece

A sense of déjà vu has dom­in­ated the Greek elec­tion cam­paign. The prot­ag­on­ists, Prime Min­is­ter Cos­tas Kara­man­lis and leader of the oppos­i­tion George Papandreou, have been repeat­ing earlier skir­mishes between Cos­tas Kara­man­lis senior (uncle of the prime min­is­ter), the rightwing leader of post­war Greece, and George Papandreou senior in the 50s and 60s, and Andreas…

Hard Lessons From The Hard Right

BNP Rally

When the Brit­ish National Party finally man­aged two suc­cesses in the June 2009 European Elec­tions, the main­stream media reac­tion was one of aston­ish­ment fol­lowed by intense curi­os­ity and soul search­ing. This was a UK ver­sion of the 2002 suc­cess of the Front National in France, when Jean-​Marie Le Pen man­aged to get through the first round of…

The Left and Constitutional Reform

Monet, Houses of Parliament, Sunset 1903

What sur­prised me most in the Guard­ian New Polit­ics art­icles was that the major­ity have little to do with polit­ics. They are sug­ges­tions for changes in con­sti­tu­tional law — some rel­at­ively minor (redu­cing the num­ber of MPs, short­en­ing their hol­i­days or abol­ish­ing the archaic pro­tocol — although this reform zeal may end up with a Par­lia­ment even less fun than…

At the Blunt Edge of the Cosh: Police Violence and the Anti-​G20 Protests

G20 Police Confront Protestors

Much has been made in recent days of the viol­ence of the police at the fin­an­cial fools day G20 protests. In par­tic­u­lar the man­ner in which police officers struck and pushed Ian Tom­lin­son and a num­ber of oth­ers while poli­cing their ‘kettle’. How­ever, per­haps we are get­ting it wrong when we try to find the ‘bad apples’ in…

Constituent Power and this Summer of Rage

There has been much dis­cus­sion and fear-​mongering about this expec­ted sum­mer of rage. The idea is put for­ward by the media and polit­ical classes that we must expect the worst. How­ever, in the light of the recent resur­gence of the left and the coun­ter­vail­ing ideo­logy per­petu­ated by main­stream polit­ics and the media, it is worthwhile…

Power, Violence, Law

In the Penal Colony, by Bruno Caruso 1927

Over the last two hun­dred years, the the­ory of right, now known as norm­at­ive jur­is­pru­dence, has dis­covered its voca­tion in a frantic attempt to legit­im­ise the exer­cise of power. It car­ries out this task by declar­ing that law and power are external to each other onto­lo­gic­ally, polit­ic­ally, mor­ally, the two are involved in a zero-​sum game. In…

Class bites back in the European UnionEuro

What is left in Europe? Once upon a time in the 1970s, the left was clear: the European Com­munity was a neo-​liberal project,driven by cap­ital interests and destruct­ive of the social set­tle­ments estab­lished fol­low­ing years of class con­flict within indi­vidual European nation states. The Com­munity was to be act­ively res­isted in the effort to secure long fought…

Political Economy, Lemon Socialism and the New Global Banana Republic

The first dec­ade of the 21st cen­tury wit­nessed two mass media events that stand out from the rest: the first was vis­ible, the second was invis­ible. 9/​11 and its after­math offered a feast of vis­ible shock and awe. These images were devoured by media con­sumers, but the human real­it­ies they por­trayed remained at a safe dis­tance from…

The Politics of the Nomad

At a time when the end of His­tory and the rise of Empire have been pro­claimed, as bor­ders lose their sig­ni­fic­ance and cul­tural spe­cificity increas­ingly gives way to the grim homo­gen­eity bequeathed by cap­ital, we are bizar­rely told that we should feel at home. The reduc­tion of dif­fer­ences and the cham­pi­on­ing of plen­it­ude and enti­tle­ment accompany…