CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

What we are reading… Maria Aristodemou and Aoife O’Donoghue 

What we are reading… Maria Aristodemou and Aoife O’Donoghue 

Aaron Schuster, How to Research Like a Dog: Kafka’s New Science (MIT Press, 2024) The narrator dog of one of Kafka’s short stories, “Investigations of a Dog”, declares that “all knowledge, all questions and all answers are contained in the dog.” Aaron Schuster takes this statement to heart and resolves to continue Kafka’s dog’s unfinished philosophical project. The result is a long playful journey into philosophy, psychoanalysis and literature that takes us past Homer, Plato, Cervantes, Kant, Hegel, Freud, Melville, Benjamin, Sartre, Lacan, Deleuze & Guattari, to name just a few of the myriad writers Schuster scrutinizes on behalf of his canine colleague. That these excursions do not feel out of place is because Kafka’s dog, and Schuster, have one overarching goal in mind: an investigation into freedom. By the end of our journey we are convinced Kafka’s dog is a worthy companion to the German idealists and we should no longer be talking of cogito, but of “dogito” and that Hegel’s…

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ARTICLES

How did we get here?

How did we get here?

Ukraine’s sovereignty cannot be questioned. The invasion of Ukraine is illegal and must be condemned. The mobilization of civilians ordered by the Ukrainian president can be read as a desperate act, but it does suggest that a guerrilla war looms in the future. Putin…

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Farewell, Alan

Farewell, Alan

Bruce Curtis, Justin Paulson, John Manwaring, Stacy Douglas, and Jennifer Henderson farewell, alan Alan Hunt, Chancellor’s Professor of Law and Sociology, chose a medically-assisted death, with Rosalind Allchin, his partner of 42 years, by his side, on 8 December…

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In Memory of Alan Hunt

In Memory of Alan Hunt

in memory of alan hunt I never had the pleasure of meeting Alan Hunt, though I suppose that is hardly a necessary condition to be influenced by someone’s work. Alan’s constitutive theory of law formed and continues to form a cornerstone of how I think about law and…

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A Reminder

A Reminder

Umut Özsu a reminder I was never able to meet Alan Hunt. My relation to him is mediated in a double sense—first, in that my only points of entry into his unique and impressive world are through his many and varied writings; second, in that I happen to teach in the…

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Alan Hunt

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…

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António Guterres’s hour

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…

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Niklas Luhmann: What is Autopoiesis?

Niklas Luhmann: What is Autopoiesis?

The term autopoiesis (self-creation) is a neologism coined in 1972 by Varela and Maturana, Chilean cellular biologists and systems theorists, to describe the capacity of living cells to reproduce and organise themselves. The term was picked up and deployed by Niklas…

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The Politics of Erection

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…

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A Pagan Christmas

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…

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On Veitch’s Obligations

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…

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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…