CRITICAL LEGAL THINKING
LAW AND THE POLITICAL
CRITICAL LEGAL THINKING
LAW AND THE POLITICAL
The Foundational Wrong of Law (Symposium)
Stephen Connelly There is an implicit assumption in jurisprudential reasoning that this reason, as form, is without inconsistency. Error is procedural: it results either from misrecognition of the ‘true’ law, from ignorance of the true facts, or from misapplication of the law to the facts. The practical syllogism is itself unassailable; what is wrong in the law is a failure to reason in accordance with its form. If an inconsistency (or antinomy) appears in a particular judg(e)ment as a result of ‘difficult’ facts or intuitively unjust laws, the inconsistency is a defect of the judge, not of practical legal reason itself. The judge is referred back to the law (literally in civilian systems), until the ‘apparent’ inconsistency is ironed out and the facts are made to cohere once more. The wrong of law, Kerruish argues [WL255], is this exclusion ab initio from legal reasoning of the very methods of contradiction which could faithfully express the contingencies of...
ARTICLES
Alan Hunt
alan hunt Alan Hunt passed away on Wednesday 8 December 2021. He was at home with his partner Ros in Ottawa, Canada. Many had complicated relations with Alan, but he was no doubt a towering figure in the Department of Law and Legal Studies and at Carleton, as well as...
António Guterres’s hour
There is a clear discomfort among international activists and commentators who follow the United Nations, as well as among former UN senior officials and special rapporteurs, with the organization’s growing irrelevance as the world is faced with increasingly complex...
The Politics of Erection
“Homo homini lupus” or “a man is a wolf to another man” has historically been one of the most popular dicta used in political philosophy to denote the hypothetical primal condition of human societies and justify their need for submission to a sovereign authority. In...
A Pagan Christmas
For early Christians, celebrations of birth were broadly viewed as sinful. With the death and resurrection of Jesus at the center of the early message, and with Jesus expected to return at any moment, early Christians recorded the dates of their deaths but not the...
To bell hooks & not being happy till we are all free
On the death of bell hooks, Dr Folúkẹ́ Adébísí published the following essay on her blog African Skies. We republish it here with her kind permission. I am writing this at the end of a tiring academic term, staving off burnout from overwork and the trepidation that...
A Reply — Obligations: New Trajectories in Law
We continue our series on contemporary critical (legal) books with a series of responses to Scott Veitch's, Obligations: New Trajectories in Law (Routledge, 2021). We have posted four responses to Scott's new work, each picking distinct themes which together testify...
On Veitch’s Obligations
We continue our series on contemporary critical (legal) books with a series of responses to Scott Veitch's, Obligations: New Trajectories in Law (Routledge, 2021). We will post four responses to Scott's new work, each picking distinct themes which together testify to...
Eco-Legal Bonds: On Veitch’s Obligations
We continue our series on contemporary critical (legal) books with a series of responses to Scott Veitch's, Obligations: New Trajectories in Law (Routledge, 2021). We will post four responses to Scott's new work, each picking distinct themes which together testify to...
The Structures & Subjects of Obligation: On Veitch’s Obligation
We continue our series on contemporary critical (legal) books with a series of responses to Scott Veitch's, Obligations: New Trajectories in Law (Routledge, 2021). We will post four responses to Scott's new work, each picking distinct themes which together...
Rights, Obligations and Torture: On Veitch’s Obligations
We continue our series on contemporary critical (legal) books with a series of responses to Scott Veitch's, Obligations: New Trajectories in Law (Routledge, 2021). We will post four responses to Scott's new work, each picking distinct themes which together testify to...
Many Worlds Interpretation, Critical Theory and the (Immanent) Paradox of Power
The Paradox and its Solution Conclusion: Allow me to begin with the conclusion and work my way back to it. Only in contingency is the world possible, when the world is harnessed in necessity it is simply a simulacrum of the world through a simulacrum of power....
Foucault in Context: Transitional Justice as a Heterotopic Object and Medium
In a lecture delivered in Tunisia in 1967, Michel Foucault referred to heterotopias as ‘des espaces autres’. A literal translation of this French phrase means ‘other spaces’. Foucault lists some such other spaces ranging from boarding schools and honeymoon...
Hugging
Photo by Anastasia Vityukova on Unsplash At 4.30 p.m. on August 28th, 2021, for the first time after five hundred and twenty-five days spent in isolation, on account of the pandemic, in my small village 30 km from Coimbra, I hugged and was hugged by...
Crits and the Chinese Party-state
Series: Critical Legal Thinking on China Critical theory borrows liberally from various anti-liberal thinkers , such as Karl Marx and Carl Schmitt, but what should critical legal scholarship on – and in – illiberal political regimes look like? This essay discusses the...
The Social Reproduction of the Informal Migrant Workforce in China
Series: Critical Legal Thinking on China As “the factory of the world,” China’s development of the manufacturing economy in the past four decades has relied on its large informal, precarious, and marginalized internal migrant workforce. Among the country’s 800...
Observations on Hong Kong
Series: Critical Legal Thinking on China It has been said that a poem is never finished, just abandoned. Academic writing has a touch of that too. The visions and revisions it has taken to get a text into decent shape could always do with one more run through, one...
Schmitt in Beijing
Series: Critical Legal Thinking on China On December 4, 2020, the keynote lecture for Hong Kong’s second annual official “Constitution Day Seminar” was delivered by Peking University law professor Chen Duanhong. In his remarks, Chen firmly supported the legal climate...
Introduction: Critical Legal Thinking on China
The return of China to the centre of international affairs invites a critical examination of its articulation of ‘law and the political’. In a world of nation-states, the Chinese ‘party-state’ is a singular political form that has been aptly described as a having a...
Notes on Rosa Luxemburg at 150
Simone Weil was fascinated by Rosa Luxemburg, reading her brought her joy. In the 1930s, in European left-wing circles, Luxemburg had an aura; a woman with a rigorous mind, a fighter, a revolutionary, a martyr – her name, when it was pronounced, appeared to glitter....
Hannah Jones’ Violent Ignorance
In her book Violent Ignorance Hannah Jones explores our ability to turn away from painful or uncomfortable knowledge. At the heart of the book she argues that this process – what she calls ‘violent ignorance’ – produces or allows the violence of racism, migration...
Abolitionary Listening: Propositions & Questions
If listening is a technique or practice of the law, which is to say also of politics/police, what would an abolitionary listening sound like? The state listens and demands a listening disposition, listening is critical to all processes of arrest,...
