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

Rhythmanalysis of the Palio di Siena: laws, territory, rituals, metamorphosis
Mid-August: some lazy thoughts from my sofa. “What if, in Siena, it didn’t stop raining until Christmas Eve? Would the Palio be run on Christmas Day?” my partner asked me on the second day of watching the green flag hanging from Siena’s Palazzo Pubblico. “I don’t know, I guess we just have to wait and see”. Cities live on different temporalities. Echoing ancient rituals, remembering sacred space, requalifying damned places. Time and space together exercise a particular sense of belonging. In the medieval city of Siena, these rhythms of temporalities still exist as something vibrant and are tightened together in the Palio, a horse race approximately five hundred years old. All year round, thousands of tourists walk the narrow streets of Siena, consuming the city as a disposable landscape. But then, twice every summer, Siena reminds its citizens, guests, and tourists how ancient civic structures and laws, reinterpretations of territory and rivalries, are able to resist the…
ARTICLES
Sharing Myth (A Critique of the Sharing Economy)
In his 1957 book Mythologies, Roland Barthes explores how wine functions not only as France’s national emblem, but also as a myth that helps grasp the ambiguity within French capitalist society. Wine, he argues, is a defining part of France’s experience because it…
What Kind of Justice for a ‘Global New Deal’?
Delivering the 2020 Nelson Mandela Annual Lecture, the United Nations Secretary General António Guterres recently set out a wide ranging critique of the current global order, characterised by pervasive, institutionalised inequality, and failed, nationalistic…
After Open Access
We are a collective of intersectional feminist and social justice journal editors. We reject the narrow values of efficiency, transparency and compliance that inform current developments and policies in open access and platform publishing. Together, we seek further…
Denise Ferreira da Silva: Analytics of Raciality
Key Concept In the glossary to Denise Ferreira da Silva’s Toward a Global Idea of Race (2007), you won’t find raciality under the letter ‘R’. Instead reference to the term is found under ‘A’; analytics of raciality. Before proceeding to explore this term it is…
Marxist Legal Theory: The State
Key Concept This is part of a series of key concepts in Marxist legal theory organized in collaboration with our friends at Legal Form: A Forum for Marxist Analysis of Law. All articles in this series, including the present one, will appear concurrently on Legal Form…
The Statues of our Discontent
S tatues look a lot like the past, which is why, whenever they are called into question, we turn to historians. The truth is that statues are a thing of the past only as long as they stand quietly in squares, as indifferent to us as we are to them. At such times…
Postcolonial Liberalism’s Double Binds
“We need Covid Trials. In an international court,” is Arundhati Roy ’s “post-lockdown reverie”. She wants the Indian government to be held accountable for its treatment of migrant workers as refuse and the ongoing assault on the civil rights of dissenters in the wake…
The Winter of Absolute Zero: Interview with Shaj Mohan
The silent 20 th century consensus was that philosophy was Western, which then was split into ‘continental’ and ‘Anglo-Saxon’. In recent decades we have seen the assertive presence of non-White philosophers including Achilles Mbembe, Anthony Appiah, Divya Dwivedi…
Complex Back Stories: Feminism, Survivor Politics and Trans Rights
On June 10, author JK Rowling published an article on her website, ‘ JK Rowling Writes About her Reasons for Speaking Out about Sex and Gender Issues ’ which offered a rationale for her public interventions opposing legislation in the UK designed to legally recognise…
Roland Barthes: Myth
Human communication is multi-layered, as our language relies on complicated systems of signification; for example uttering a given statement using specific terminology might indicate the ideological tendencies of the speaker. And like any other communicative system…
Marxist Legal Theory: Security
Key Concept This is part of a series of key concepts in Marxist legal theory organized in collaboration with our friends at Legal Form: A Forum for Marxist Analysis of Law. All articles in this series, including the present one, will appear concurrently on Legal Form…
Remembering Peter Fitzpatrick (II)
I read for a PhD under Peter’s inimitable supervision at Birkbeck from 2005 until late 2008, at which point I told him that I had to return to Australia to finish the dissertation because the birth of my first child, Phoebe, was imminent. It sounds like I took…
Institutional Vandalism: The University & Covid-19
’s 29 May article (‘Soas to slash budgets and staff as debt crisis worsens in a pandemic’) has brought attention to a worrying development, which risks seeing losses of livelihoods and expertise at a unique and world-renowned institution. The danger is that framing…
Universities, Finance Capital and Impact of COVID-19
Republished with permission from Discover Society. A number of vice chancellors have claimed that they are constrained in how they can approach the financial impact of the COVID-19 pandemic by financial agreements. This means that they wouldn’t be able to cover…
The System Was Never Broken (it was built this way)
The unravelling developments in the United States of America (USA) amid the death of George Floyd are unsettling. The terminology ‘public order’ is used by popular political narrative to host and then employ a variety of techniques to deflect from the justified…
Beyond Brutality
I write this at great distance from the uprisings now taking place across the US sparked by the police killing of George Floyd. I am thousands of miles distant and witness police repression, and the anger of the protestors, via old and social media. I am a white…
The Sense of Public Order
With the widespread social unrest unfolding in the USA following the police murder of George Floyd in Minneapolis, we are once again confronted by the horrifying exceptionality of public order enforcement. The problem, however, is that we understand the videos of…
The Pandemic and Us: Enemy, Resistance, Desire
Much has already been written about the coronavirus’s impact on the legal phenomenon, as well as about the use of national laws in response to the contagion. In this post, I would like to pursue what David Graeber indicates as a compelling line of inquiry.…
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.
Remembering Peter Fitzpatrick
In her beautiful piece for CLT on the life and career of Professor Peter Fitzpatrick, Sundhya Pahuja offers a provocation for someone to write more on Peter’s years in Belfast, teaching Law at Queen’s University Belfast (QUB) in the late 1960s/early 1970s. While…
Vale Peter Fitzpatrick (1 November 1941 – 20 May 2020)
Peter Fitzpatrick was widely revered as one of the most influential and original critical legal theorists in the English-speaking world. His work on the colonial and postcolonial dimensions of modern law changed the field of legal theory and inspired the research of…





























