CRITICAL LEGAL THINKING
LAW AND THE POLITICAL
CRITICAL LEGAL THINKING
LAW AND THE POLITICAL

The Discipline of Unease: A Conversation with Costas Douzinas
The first lesson Costas Douzinas gave me was silence. Not deliberately, I assume. But that is where the story began. It took me the better part of a career inside the state to understand what that silence had been teaching me. At the time, I believed I had found the person under whose supervision I wished to pursue my doctoral research. I had first heard Costas speak at a conference, and it was then that I decided to write to him, convinced, with the characteristic certainty of a graduate student, that he was the right person to guide my work. There was no reply. I wrote again. Still nothing. The silence ended only because someone intervened. At another conference, a professor whose work I admired introduced us after her presentation. I mentioned the unanswered emails and my wish to study with him. She turned to Costas and said, almost as an instruction, that he should not miss someone like me. He agreed to meet. Reluctantly. For fifteen minutes. We talked for an hour and a half. By…
ARTICLES
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 hotels to…
Hugging
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 someone outside the circle of those few people I closely…
Crits and the Chinese Party-state
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 role of critical legal theory in the…
The Social Reproduction of the Informal Migrant Workforce in 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 million-strong workforces, around 170 million…
Observations on Hong Kong
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 more update, one more check for meaning and…
Schmitt in Beijing
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 established since the promulgation of…
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, adjudication and…
Constituent Power in a Minor Key: Carolyn Pedwell’s Revolutionary Routines
There is a tendency in discussions of constituent power to focus on the groups involved, the subjectivities produced and the discursive significance of the events themselves. Revolts are full of conflict and violence, they pull down sovereign orders and generate…
The animated organization: international organizations, international law, Frankenstein and Freud
Part 1: symptoms I want to start by citing Mary Shelley—the reproductive logic of her multiple framing narratives in the novel Frankenstein, doors opening onto doors opening—by citing Jan Klabbers, who cites Mary Shelley, or cites her novel´s narrator Robert Walton…
Being-with: Farewell, Jean-Luc Nancy
“Are feelings finite?” This was a question Jean-Luc Nancy asked me as we travelled in a taxi from Heathrow to Central London in the summer of 2005. I had just welcomed Jean-Luc and his wife Hélène Sagan at the airport. They were among the extraordinary gathering of…
Church, State, Resistance
Following the sad death of the philosopher Jean-Luc Nancy, we republish one of his most important essays which engages with law and the political. The essay was originally published in The Journal of Law and Society and translated by Véronique Voruz and Colin Perrin.…
Colonialism and the Epistemology of Ignorance: A Lesson from Afghanistan
The abrupt and chaotic U.S. withdrawal from Afghanistan in mid-August filled the news around the world. With more or less variations, these were the main topics: humiliation for the U.S. and its European allies; a repeat of the 1975 withdrawal from Vietnam; mission…
In Memoriam Jean-Luc Nancy
Jean-Luc Nancy passed away on August 23. It is a huge loss of someone who both as a philosopher and as a friend was so important to many of us. His talk last January at the 'Left Theory in the 21st century’ conference at the Institute Nikos Poulantzas was one of his…
The Redress of Politics
Emilios Christodoulidis, The Redress of Law: Globalisation, Constitutionalism and Market Capture (Cambridge University Press, 2021). Page reference in brackets refer to the book. The Redress of Law is a major achievement. Major in every sense. It is large, a…
Neoliberalism’s Anthems
As I sit down to write a response to John Reynolds, Julia Emtseva, and Richard Clements, who generously reviewed my book, the musical accompaniment are the tunes of the Olympic Games of Tokyo 2020. National anthems in particular ring out. The familiar tunes and…
Books: Reading ‘Diplomat’ magazine through Marketing Global Justice
Concluding our engagement with Marketing Global Justice (CUP 2021), Richard Clements explores a particular moment of marketing the spectacle of global justice. ‘And here is now another example: I am at the barber's, and a copy of Paris-Match is offered to me. On the…
Books: Tools for Navigating Neoliberalism
Continuing our engagement with Christine Schwöbel Patel's Marketing Global Justice Julia Emtseva explores the role of donors in the global justice 'sector'. Marketing Global Justice is more than a mere description of how branding strategies are used to advance…
Books: Neoliberalism’s Brand of Justice
We are thrilled to launch a series on contemporary critical (legal) books. Our first text in this series is Christine Schwöbel Patel's Marketing Global Justice (Cambridge University Press, 2021). Over three posts we will explore different aspects of the book, before…




























