CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

On the non-violent generosity of Violent Modernities

On the non-violent generosity of Violent Modernities

It is a quiet Saturday morning in Victoria BC, and I find myself sitting at the kitchen table, Oishik Sircar’s book Violent Modernities: Cultural Lives of Law in the New India open in front of me.  It is a beautiful book, one whose insights continue to linger with me.  It is unconventional in some ways, a collection of essays which document a series of scholarly and activist journeys, written over a decade.  At the heart of the book is a conversation about the complex and paradoxical relationships of law and violence, of nation-states and justice, of culture as the terrain for the production of legal knowledge, of legal and cultural mechanisms of citizenship, belonging and exclusion.  If it makes an argument, it is not one that gestures in the direction of universal, atemporal or portable claims (xxvii); Sircar invites the reader to approach the question of ‘violent modernities’ with a grounding in an ethic of time and place. We are asked to spend time with him in...

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ARTICLES

Are the Police Anarchic?

Are the Police Anarchic?

Following the publication of Melayna Lamb's superb book A Philosophical History of Police Power, we have asked James Martel and Carson Arthur to respond to the book. Today we bring you James' response. Melayna Lamb’s A Philosophical History of Police Power makes the...

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The Colonial Breach and the Colonial Bind

The Colonial Breach and the Colonial Bind

Reposted from Interregnum. Whatever the contentions on the term we use to express the scale and method of killing we are witnessing in Gaza, the description at the International Court of Justice as a 'live-streamed genocide' is both apt and particular to our age. For...

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Robert Michels’ Lessons for the Left

Robert Michels’ Lessons for the Left

Tim Christiaens In the early 2010s, many people on the left proclaimed the death of state-based socialism, the political party, and any kind of organizational authority. From Occupy Wall Street to the Arab Spring, the 2011 revolts put their faith in horizontalist...

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Questioning our Need for Punishment

Questioning our Need for Punishment

Henrique Carvalho & Anastasia Chamberlen "Cage Head" by SanguineSeas The philosophy of punishment finds itself at a crossroads. On the one hand, it remains a very prolific and popular field of study, with countless works being regularly produced and revisited. On...

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What was the Anthropocene?

What was the Anthropocene?

Apparently, we might no longer live in the Anthropocene. Such was the result of a formal vote by the Subcommission on Quaternary Stratigraphy of the International Commission on Stratigraphy (SQS), issued on the 5th of March 2024, who oversee and administer 4.5 billion...

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OVER A DECADE OF ARCHIVES

On Colonial Universality and other Legal Prerogatives: Reflections on Peter Fitzpatrick’s The Mythology of Modern Law

Following the death of Peter Fitzpatrick this month, we are reposting this series on The Mythology of Modern Law (first published on CLT on 3 August 2018) to mark the 25th anniversary of the book.2017 marked the 25th anniversary of Peter Fitzpatrick’s The Mythology of...

Against Agamben: Is a Democratic Biopolitics Possible?

Giorgio Agamben’s recent intervention which characterizes the measures implemented in response to the Covid-19 pandemic as an exercise in the biopolitics of the ‘state of exception’ has sparked an important debate on how to think of biopolitics. The very...

Law, Reading, and Power: The ‘S’ Joke, Why You Find it Funny and Why I Don’t (with Reply)

A guy walks into a bakery known for making fancy cakes. He says, “I’d like to have a cake shaped like the letter S.” The baker says he can do it, but the cake will be expensive. The man confirms that price is no object. The baker tells him to come back after three...

Law is a Fugue

BWV 895 Law is, metaphorically speaking, a fugue.Desmond Manderson has previously deployed the fugue metaphor to describe the mode with which he would present the aesthetic dimensions of law and justice. Here I am intensifying the metaphor in direct relation to...

Jacques Derrida: Deconstruction

Key Concept Img: Annie Vought | annievought.com Deconstruction by its very nature defies institutionalization in an authoritative definition. The concept was first outlined by Derrida in Of Grammatology where he explored the interplay between language and the...

Cupcake Fascism: Gentrification, Infantilisation and Cake

The Cupcake as Object The cupcake is barely a cake. When we think about what “the cake-like” ideal should be, it is something spongy, moist, characterized by excess, collapsing under its own weight of gooey jam, meringue, and cream. It is something sickly and wet that...

White Feminist Fatigue Syndrome

In her recent piece in Comment is Free, "How feminism became capitalism's handmaiden - and how to reclaim it” Nancy Fraser draws on her own work in political theory to argue that feminism at best has been co-opted by neoliberalism and at worst has been a...

Decolonizing the Teaching of Human Rights?

According to the new Bolivian constitution, education is "one of the most important functions and primary financial responsibilities of the State”; it is “unitary, public, universal, democratic, participatory, communitarian, decolonizing and of quality” (art. 78, I);...

#ACCELERATE MANIFESTO for an Accelerationist Politics

01. INTRODUCTION: On the Conjuncture 1. At the beginning of the second decade of the Twenty-First Century, global civilization faces a new breed of cataclysm. These coming apocalypses ridicule the norms and organisational structures of the politics which were forged...

Coughing out the Law: Perversity and Sociality around an Eating Table

It was lunchtime at Sydney’s David Jones, Australia’s up-market department store chain. So I headed down to the ‘food floor’. Whenever I have to shop at DJs I try to make sure I go there around midday, precisely so I can go down to the food floor and order the...

Palestinian Resistance: The Political, Social and Human Right of Self-Defense

Once again the bombs are falling on the Gaza Strip, a stretch of territory excised from Palestine proper as a result of continuing illegal and illegitimate actions by Israel. In fact, Gaza has become a closed ghetto, first cut off from Palestine in violation of the...

Punk, Law, Resistance … “I have set my affair on nothing”

1. I, Punk In 1977 I was sixteen. Everything I have to say about punk is coloured by that fact, because sixteen was precisely the right age to be if punk was going to have a decisive impact on you. Because punk was not about your social class, gender or race, it was...

Anonymous & the Discourse of Human Rights

In the last months, we have seen the emergence of ‘Anonymous’. In particular, in the days after the widespread attack on Wikileaks (following their publication of leaked US diplomatic memos) they emerged with a fairly credible threat to take down major global internet...

Power, Violence, Law

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...