CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

What we are reading… 2026

What we are reading… 2026

Many years ago when this blog began, we used to run a series called “what we are reading…”. The idea was simply to share some initial thoughts on texts that we were finding helpful or interesting. We hoped share a certain joy of texts, and to take pleasure in the unexpected. In the neoliberal university, even the most pleasant parts of teaching, thinking, reading and writing are commodified. All too often they become filled with the anxieties and the flatness of alienation. In the context of further neoliberal retrenchment (and the blistering heat of the northern summer) we thought to come back to the question of “What we are reading…”. We have asked some friends of the blog to make suggestions. Writing a short note of contemporary or forgotten texts that people might read in libraries, offices or on the beach, cafe or other space of escape. We hope you enjoy these short suggestions. And if you have suggestions please write a short comment and we can collect them at the end of the…

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ARTICLES

On the Mark of Woman

On the Mark of Woman

It is true that men do not understand the refusal so well. It is true that women understand it all too well. Such that they make it their own. When the death of Eurydices Dixon in Melbourne re-evoked the chant “men fear women laughing at them, women fear men killing…

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The Urgent Task of Reimagining the State

The Urgent Task of Reimagining the State

Covid 19 has given new urgency to the radical task of rethinking the state. Illness, job losses, hospitalisation, and economic precarity demonstrate the need for scales and forms of governance that can organise and resource social welfare and public health provision.…

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Anti-racism, Materialism and the Sewell Report

Anti-racism, Materialism and the Sewell Report

One might be forgiven for thinking that the Commission on Race and Ethnic Disparities’ Report was released a day early. The Report’s insistence that Britain is not institutionally racist, and indeed that Britain could serve as a ‘beacon’ for other European countries…

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Sexual Violence at the University

Sexual Violence at the University

TW: Sexual Violence Since 18th March 2021, students at the University of Warwick have occupied the Piazza, at the centre of the campus, demanding change in the way that the institution deals with sexual violence. At the time of writing, they have been in occupation…

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The Begum Judgment on the Couch

The Begum Judgment on the Couch

The Supreme Court’s judgment in the Begum case[i] has already attracted multiple readings and commentary. This comment will attempt a different kind of reading, and of listening, given the judgment was not only published but also broadcast live as delivered by Lord…

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The Anti-System

The Anti-System

The global rise of the far right has given new relevance to the concept of anti-system in the context of politics. In order to understand what is happening, we need to go back a few decades. This is not the place to dwell on how rich this period was, politically…

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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…