CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

What we are reading… Costas Douzinas and Luis Eslava

What we are reading… Costas Douzinas and Luis Eslava

The Dalkey Archive by Flan O’Brien (First publication 1964, Fourth Estate, 2007) ‘Suspended Sentences”, a theatrical play that was published as a chapter in Postmodern Jurisprudence by Costas Douzinas and Ronnie Warrington with Shaun McVeigh (Routledge, 1991), was written with the help of “whiskoletterosmotron”. The invention of this amazing contraption, recently extenisively commented on by Peter Goodrich (“The overfetestation of Costas Douzinas” in Alexis Kanagawa and Illan Wall eds, Rights, Critique, Resistance: The Critical Theory of Costas Douzinas (Routledge, 2026, 44), owes a great deal to the eminent physicist, ballistician, philosopher and psychologist De Selby. De Selby was initially presented to the world in a number of learned footnotes in The Third Policeman (Written 1940, Harper Perennial, 2007). He comes fully to life as the protagonist of magical Irishism in The Dalkey Archive. The amazing de Selby develops radical theories challenging the scientific and theological…

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ARTICLES

Locke, Leibniz and the State Space

Locke, Leibniz and the State Space

This is a working paper for a keynote presented at the McGill Law and the City Conference in May 2021, reproduced with kind permission. 1. In 1934, we are told, the character of Pierre Menard, symbolist of Nîmes and author of several works in the field of history of…

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Yes, International Law is Really Law

Yes, International Law is Really Law

Public international law (PIL) is neocolonial in function. By this I mean that it continues to materialize the colonial functions of disciplining and plundering the under-developed world. Yet PIL is anti-colonial in form, officially committed to global inclusion and…

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A Day in the Lives of Public International Law

A Day in the Lives of Public International Law

Nicholas Rajkovic has recently introduced two concepts which, between them offer a fresh lens through which we can view our profession. Rajkovic developed these concepts, “performances of legality” and “vicarious litigation”, in his reflections on “lawfare”. But they…

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ARI

ARI

With Ari’s death, a radiant intensity has been extinguished. That should be mourned, but that it existed at all must be celebrated. In physics, intensity of radiant energy is the power transferred per unit area, where the area is measured on the plane perpendicular…

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No Future: Punk Against the Boredom of the Law

No Future: Punk Against the Boredom of the Law

Punk is … the transgressive politics of boredom. Being nothing other than a pawn in their game – who has not sometimes woken up in the middle of the night imagining this. The Big Other that pulls the strings has various figures: national and transnational law and order apparatuses, global capital and the alleged economic necessities, bureaucratic and administrative regulations, the demands of social security, educational standards, images, ideas and idols constantly produced and re-produced by the mass-media, and so on and so forth. Things go from bad to worse when one starts to wonder who really is in charge, since today sovereignty is fragmented, which does not make it less pervasive and omnipotent. Then again, you may find some comfort from the fact that this is not your paranoid delusion but reality, “the only things we got today” as The Clash already told us in “Hate and War”, which you’ll find from their first LP, The Clash, released in 1977: “An’ if I close my eyes / They will not go away / You have to deal with it / It is the currency”.

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Law & Critique: A Corporeal Law

Law & Critique: A Corporeal Law

Continuing our cooperation with the journal Law & Critique, Joshua Shaw writes about his recent article. The full text can be found here (link). The human body and its constitutive materials and effects are formative to law, just as law is formative to the body.…

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Beware of the Cry of Expropriation

Beware of the Cry of Expropriation

Santiago, October 2019, thousands of people occupied the streets asking for economic structural reforms. A demonstration that started with students complaining about an increase in the metro fare escalated quickly in a national movement demanding significant changes…

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Karl Marx: Alienation

Karl Marx: Alienation

The Marxian concept of alienation (Entäußerung) or estrangement (Entfremdung) is one of the most discussed notions in the history of modern social and political theory. There is a long history of the term before Marx, from the giusnaturalistic and contractualist…

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Syllabus: Decolonizing Political Science

Syllabus: Decolonizing Political Science

We are republishing a slightly abridged version of Prof Robbie Shilliam's brilliant Decolonizing Political Science syllabus (full version with assessment available here). We also welcome other radical syllabi (both those practiced and ideal) and hope that the act of…

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Law, Metrics and the Scholarly Economy

Law, Metrics and the Scholarly Economy

As markets began to usurp other forms of social regulation throughout the 20thcentury, metrics became increasingly central to the coordination of new spheres of market-mediated relations. More recently, digital metrics have been operationalized to facilitate the…

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States that Build Citizen Power and Joy

States that Build Citizen Power and Joy

In her recent article for CLT, Davina Cooper calls for the urgent reimagination of the state. She calls upon critical theorists to move beyond critique of the current state form, and ask the deeper questions: what is the state for? What does it mean to be a state?…

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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…