CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Key Concept: Law’s Violence

Key Concept: Law’s Violence

The conventional story runs like this: violence is what happens where law ends. Law is the alternative to the feud, the pacifier of the state of nature, and the substitution of process for force. On this account, violence and law occupy opposite ends of a single scale, and the task of legal ordering is to push the needle away from blood. “Law’s violence” names the critical tradition that refuses this story. Its organising question is: what becomes visible when we cease treating violence as law’s opposite and instead examine the forms of violence through which law is founded, preserved and lived? The possessive in the phrase carries the whole argument. It refers at once to violence committed by law, violence authorised through law, violence organised by legal categories, and violence that law declines to recognise as its own. Even the conventional story concedes the ground, if read carefully: Max Weber’s canonical definition of the state, in Politics as a Vocation (1919), as the…

read more

POSTS BY EMAIL

Join 4,977 other subscribers

We respect your privacy.

Fair Access Publisher
(pay what you can, free option available) 

ARTICLES

Marching on Rome: The Return of the Undead

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 the Movimento…

read more
Valerie Kerruish, 1943-2022

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...

read more
The Sirens of Ventotene

The Sirens of Ventotene

Once a site of internal exile, the island of Ventotene on Italy's West coast now hosts the Festival Gita Al Faro. Authors invited are asked to produce a short text for the festival. This essay was first presented by the author Chiara Tagliaferri as part of the 2022…

read more
Justice will not be Televised

Justice will not be Televised

The defamation case filed by the world famous actor Johnny Depp against Amber Heard turned into one of the most watched live TV events of last month, with hundreds of millions single viewers and many commentators and dedicated Youtube streams all around the world. In…

read more
The Contraction of the West

The Contraction of the West

What Westerners call the West or Western civilization is a geopolitical space that emerged in the 16th century and expanded continuously until the 20th century. On the eve of World War I, about 90% of the globe was Western or Western-dominated: Europe, Russia, the…

read more
Welcome to the shitshow

Welcome to the shitshow

‘Next time you go to the bathroom, there's a reasonable chance the person in the cubicle next to you is scrolling through Instagram’, reported HuffPost in 2017. Equally, Wired describe a very near future, in which ‘sensors might be embedded in your toilet bowl. They…

read more
Academic Freedom Is Not Freedom of Speech

Academic Freedom Is Not Freedom of Speech

The UK Government’s proposed Bill on Freedom of speech and academic freedom (Higher Education), now before the third reading in the House of Commons, aims to regulate the expression of unpopular or controversial views at universities. The Bill has come at the back of…

read more
A Short History of Just War

A Short History of Just War

Reading British newspapers' commentary on the Ukraine war gives a sense of deja vue. We have a return of the ‘West’, of the ‘Free World’, of the exreme demonisation of the opponent. Commentators are urging NATO to send troops to Ukraine, to institute a no-fly zone…

read more
Animal Farm Revisited: A Feminist Allegory

Animal Farm Revisited: A Feminist Allegory

Life on Nettle Farm was not easy. Patrick Arkey was a less than sensitive human farm owner. Still, the animals had tended to stick together, to find common cause in the face of their daily grind. Of course, there were gripes. The pigs sometimes felt their feed was…

read more
Statement on the war in Ukraine

Statement on the war in Ukraine

By NOMOS: CENTRE FOR INTERNATIONAL RESEARCH ON LAW, CULTURE AND POWER On February 24, 2022, Russia has begun waging war on Ukraine. Fighting is taking place all over Ukraine, civilians are being killed or forced to flee their homes. In just seven days about 800.000…

read more

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…