CRITICAL LEGAL THINKING
LAW AND THE POLITICAL
CRITICAL LEGAL THINKING
LAW AND THE POLITICAL
Rosa Luxemburg’s Self-Determination & Feminist Legal Thought
"As such so long as imperialistic world policies determine and regulate the inner and other outer life of the nation, there can be no ‘national self-determination’ either in war or peace. "(Rosa Luxemburg, The Crisis of German Social Democracy (1915)) Rosa Luxembourg has always been portrayed at the critical juncture of different intersectional identities. Notoriously, her complex identity as a socialist, a woman, a Jew, and polish national, has been cast in terms of a marginalised thinker in mainstream Marxist theory and even more so in international legal thought. However, her radical reflections on imperialism, nationalism, and the right of self-determination of people and minorities bear relevance for critical and feminist approaches to international law. On the latter point, self-determination, Luxemburg’s work continues to divide. It has commonly been accepted that self-determination was in the interwar period anything but well defined. However, new studies have...
ARTICLES
Rosa Luxemburg’s Self-Determination & Feminist Legal Thought
"As such so long as imperialistic world policies determine and regulate the inner and other outer life of the nation, there can be no ‘national self-determination’ either in war or peace. "(Rosa Luxemburg, The Crisis of German Social Democracy (1915)) Rosa...
Domination is More than Conquest: Rosa Luxemburg’s View from Partitioned Poland
In remarking upon the international legal status of lands acquired by the British Empire, John Westlake, in many ways the quintessential Victorian jurist, declared India to be ‘a peculiar case of conquest, operating by assumption and acquiescence’.[1] He...
‘National nihilism’ reconsidered: Rosa Luxemburg, Polish industrialisation, and the possibilities of post-imperial polity
Luxemburg, empire, and the nation-state In Soviet and Western historiography, Rosa Luxemburg’s remarks on the ‘national question’ routinely appear as a passing foil to the better-known and more widely studied ideas of Vladimir Lenin. In contrast to Lenin, who fought...
The New Form of Capitalist Militarism: The Permanent State of Exception
Today, we face the choice exactly as Friedrich Engels foresaw it a generation ago: either the triumph of imperialism and the collapse of all civilization as in ancient Rome, depopulation, desolation, degeneration – a great cemetery. Or the victory of socialism, that...
Accumulation and Jurisdiction
One of Rosa Luxemburg’s great contributions was her insistence that capitalism, even beyond its prehistory, remains far from the realm of peaceful competition. In fact she famously argued the contrary; that violence only grows with the development of global...
‘A few not too troublesome restrictions’: Humanitarianism, Solidarity, Anti-militarism, Peace
What might Rosa Luxemburg’s thinking help us see about humanitarian efforts? What might it reveal for our understanding of the work of international law in both restraining and allowing organised violence, as well as responding to its humanitarian consequences? Within...
Emptying the bottom of the sea: Capital accumulation in the cavities of international law
Birutė Nomeda Stankūnienė, “Emptiness” (courtesy of the artist) Back in September, when the United Kingdom was getting used to a new Prime Minister, a seemingly minor piece of news went unnoticed by the public at large. ‘An obscure UN agency okayed the first...
Foreclosed Temporalities: Imperialism and International Criminal Law
The International Criminal Court (ICC) has been widely denounced for its prosecution of exclusively African defendants as an instrument of imperialism and neo-colonialism. The conception of imperialism even in the critical accounts, however, remains imprecise and...
Rosa Luxemburg and the Imperialism of Money
International monetary and currency relations are among the most glaring manifestations of imperial power in contemporary society. Money is necessarily a crucial attribute of state sovereignty and yet power over money is not equally shared. As one moves from...
Introduction: Rosa Luxemburg and International Law
By Christine Schwöbel-Patel and Serena Natile[1] 2021 marked the 150th anniversary of the birth of Rosa Luxemburg: a revolutionary theorist and political activist, whose work has provided important political economy critiques of imperialism, capitalism,...
Traditions of Critique: Gramsci, Buttigieg and James Joyce
Translator’s Introduction It is, I believe necessary to rescue Joyce from the industry he created. I don’t know of any other writer who who has given employment to so many scholars with the possible exception of Shakespeare, who has had a longer run at it. Joyce...
COP27: Planet Ransom
‘No State shall assume or pay any debt or obligation incurred in aid of the protection of fossil fuel capital, or any claim for losses incurred due to decarbonisation; but all such debts, obligations and claims shall be held illegal and void.’ Prospects for this...
On the Vanishing of Ecologies: Latour and Global Destinies Imagined from Brazil
This article was written prior to the results of the elections in Brazil. Be not the one who debunks but the one who assembles, not the one who lifts the rugs from under the feet of the naive believers but the one who offers arenas in which to gather. Bruno Latour...
Brazil: Between Democracy and an Ongoing Coup
Last Sunday (October, 30) it became clear that a coup d'état is underway in Brazil. It is a coup of a new kind whose course is not substantially affected by the outcome of the elections. Only its pace may be. It is a coup that began to be set in motion in 2014 with...
Say it louder for the opportunists in the back: ‘Be the Voice of Iran’
As we watch the women and girls of our motherland lead what we can only hope will be a revolution in Iran, many of us abroad have been plagued by a sense of guilt and helplessness in light of our inability to fight with our fellow Iranians against a regime that has...
The Deviant Law Student
In a piece originally published in Socialist Lawyer, Kate Bradley reviews the Critical Legal Pocketbook, and finds it a useful corrective to capitalist legal education, perfect for socialists who study and work in law. Reposted from rs21 There are many...
Damage without Violence, Non-Violence without Peace: The Colston 4
Many of us have read about the Colston 4 Crown Court trial, and the merits of the defences raised in that case. This piece examines the recent appeal by the Attorney General (AG) of that case, and specifically how it fails to clarify a crucial...
Marching on Rome: The Return of the Undead
In a recent article in The Guardian, John Foot suggested that the extreme right was about to win the general election in Italy and, consequently, the next Prime Minister would be Giorgia Meloni, head of Frattelli D’Italia, a party which has roots in...
Politics in the Streets: Colombian People’s Resistance to the State of Exception
By: David Vásquez Hurtado, Carlos Mejía Suarez and Carlos Gardeazabal Bravo On April 28th, 2021, major protests began in Colombia. Demonstrators occupied public spaces deploying multiple strategies to that their voices reached all sectors of society....
Review: On Tyranny and the Global Legal Order
The language of ‘tyranny’ is undergoing somewhat of a renaissance lately. The election of Donald J. Trump as president of the United Sates awakened liberal fears of democratic decay and tyrannical rule, while many opponents of COVID-related restrictions argued...
Valerie Kerruish, 1943-2022
“Val has left us”, her partner Uwe Peterson wrote recently in an email to a few of us who had known her for a while. Valerie Kerruish was a Tutor, Lecturer and Senior Lecturer at the University of Western Australia from 1965-1992, and an Associate Professor at...
