CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Critical Times Summer School: New Objectivity, ‘Forbidden’ Bodies, and the Normative Force of the Factual

Critical Times Summer School: New Objectivity, ‘Forbidden’ Bodies, and the Normative Force of the Factual

In the 1920s, ‘Eldorado’ was much more easily reachable than myths and legends had suggested for centuries. Marlene Dietrich had found her way there. So had Ernst Röhm. Situated neither in the thick, feverish jungle along the Amazon nor on some remote, dizzying plateau of the Andes, its location was no less suited to induce head-spinning and stagger. Established not far from the bustling station of Nollendorfplatz (where since 1989 a plaque has commemorated the homosexual victims of National Socialism), and not far from the opulence and decadence of the KaDeWe, the ‘Eldorado’ at the heart of Weimar Germany’s capital used to be as famous as its South American name patron – if not more so. This ‘Eldorado’ was not just an ordinary nightclub, with which, at that time, Berlin was bursting at the seams. It happened to be the most high-profile and most controversial venue for homosexual patrons, catering to both queer visitors and curious spectators, and attracting celebrities such as…

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ARTICLES

Microtonal Jurisprudence

Microtonal Jurisprudence

This is not a music review. It’s a proposal for a jurisprudential methodology that takes its organising metaphor from music theory but its critical object from law's refusal to register what its own categories cannot hold. In 2017, the Australian psyche-rock band…

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What Does Justice Sound Like?

What Does Justice Sound Like?

Paper delivered at the Critical Legal Conference 2026, Westminster Law School. This continues a question I first broached in a chapter dedicated to The Legal Theory of Costas Douzinas, which in turn was inspired by his claim that: the theory of justice is the oldest…

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Editorial Statement from Law & Critique

Editorial Statement from Law & Critique

Following the untimely death of Prof Emilios Christodoulidis, in February of this year a new group of managing editors was appointed for the journal Law & Critique. We join Law and Critique as new Managing Editors with a desire to do justice to the tradition of the…

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Immanuel Kant: Categorical Imperative

Immanuel Kant: Categorical Imperative

Act only in accordance with that maxim through which you can at the same time will that it become a universal law. Act as if your maxims were to serve at the same time as a universal law. These are two well-known formulations of the categorical imperative. For Kant…

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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

2017 marked the 25th anniversary of Peter Fitzpatrick’s The Mythology of Modern Law. An eloquent and incisive critique of Occidental law’s pretensions to secular origins, Fitzpatrick’s text remains of prime significance to scholars engaged with the constitutive forces of race, racism, and colonialism in the structure and political, philosophical and psychoanalytic imaginaries of modern law.

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 notion of biopolitics, as it was formulated by Michel Foucault, has been a very important…

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 o’clock. When he comes back, the baker unveils a beautiful S cake, but the man is…

Law is a Fugue

Law is, metaphorically speaking, a fugue. This metaphor is intended to compare law with the form, structure, and spirit of fugue, and by doing so to provide yet another way to (partially) reveal the nature of law. The fugue is the highest point of contrapuntal development in Western tonal music. The word “contrapuntal” comes from contrapunctum…

Jacques Derrida: Deconstruction

Key Concept 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 construction of meaning. From this early work, and later works in which he has attempted to explain deconstruction to…

Cupcake Fascism: Gentrification, Infantilisation and Cake

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 makes your fingers sticky. The cupcake is none of these things; that is, it possesses none of the…

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 capitalist venture of the neo-liberal project. What appears at first glance to be 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

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 in the birth of the nation-state, the rise of capitalism, and a Twentieth Century of unprecedented wars. 2. Most…

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 exceptionally succulent off the bone ham sandwich at the roast carvery section. You…

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 partition plans and political programs and then turned into a sealed ghetto…

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

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 about your age, it defined a generation, and I belong to the punk generation. It defined…

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 presences (belonging to both states and corporations). They have continued to…

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 ontologically, politically, morally, the two are involved in a zero-sum game. In this…