CRITICAL LEGAL THINKING
LAW AND THE POLITICAL
CRITICAL LEGAL THINKING
LAW AND THE POLITICAL
Key Concept: Law’s Violence
The conventional story runs like this: violence is what happens where law ends. Law is the alternative to the feud, the pacifier of the state of nature, and the substitution of process for force. On this account, violence and law occupy opposite ends of a single scale, and the task of legal ordering is to push the needle away from blood. “Law’s violence” names the critical tradition that refuses this story. Its organising question is: what becomes visible when we cease treating violence as law’s opposite and instead examine the forms of violence through which law is founded, preserved and lived? The possessive in the phrase carries the whole argument. It refers at once to violence committed by law, violence authorised through law, violence organised by legal categories, and violence that law declines to recognise as its own. Even the conventional story concedes the ground, if read carefully: Max Weber’s canonical definition of the state, in Politics as a Vocation (1919), as...
ARTICLES
Surprising Law (Symposium)
In one of the moving tributes to Valerie Kerruish posted on Critical Legal Thinking[1] shortly after her passing away, Emilios Christidoulidis wrote that “(h)er magnum opus The Wrong of Law, which she spent the last two decades of her life writing,...
The Foundational Wrong of Law (Symposium)
Stephen Connelly There is an implicit assumption in jurisprudential reasoning that this reason, as form, is without inconsistency. Error is procedural: it results either from misrecognition of the ‘true’ law, from ignorance of the true facts, or from misapplication of...
The Vertigo of Self-Grounding (Symposium)
There is an image by M.C. Escher in which a staircase rises in perfect geometrical order, each step aligned, each angle exact — yet the ascent loops back upon itself. The movement is continuous, coherent, even rigorous; what unsettles is not disorder but...
Symposium on Kerruish’s magnum opus: The Wrong of Law
When Valerie Kerruish died in 2022, Critical Legal Thinking hosted a series of reflections from her former colleagues, friends, and collaborators. As recounted there, Valerie spent decades from the mid-1960s teaching law in Australia with an abiding concern...
Teaching as a revolutionary activity
Neoliberal universities as a place where radical thoughts come to wither away. We are living in bad times (admittedly, I struggle to remember the good times, but the current bad times do seem quite bad). And in bad times there is an impulse amongst decent people to...
A Red Winter: On war and the Iranian struggle for freedom
Its shadow/ had swallowed the entire city;/ we thought/ it was a mountain…/ until it collapsed, and we saw/ it was a bubble/ blown straight from the mouth of darkness!/ Let them say that death is the end,/ but I say:/ The death of a dictator/ is the only day when...
‘After’ the Rojava Revolution? Rethinking Political Hope in a Post-Autonomy Syria
Since early 2026, Rojava in North East Syria, has been under renewed assault by the new Syrian regime. A majority-Kurdish region, Rojava has, for more than 12 years been home to one of the world’s largest experiments in democratic autonomy and ecological living. The...
Iran and the ‘state of exception’
It seems that we have entered a period of endless war. The undeclared American war "Epic Fury" (the name of the attack on Iran) and Israel's new murderous campaign has replaced the "cosmopolitan order of rules" heralded by those who saw the "end of history" after the...
Emilios Christodoulides 1963–2026
It is with the greatest sadness that wish to inform you that our comrade, colleague, friend and amazing intellectual, Emilios Christodoulides, passed away yesterday. After a long illness that tormented him for the last two years, he passed away peacefully in...
The Diapausal Life of International Law: Gaza and Beyond
Few contemporary conflicts have been as saturated with legal language as Gaza. Provisional measures issued by the International Court of Justice, arrest warrants sought by the International Criminal Court, findings by United Nations commissions of inquiry, emergency...
Normopathy Today: Norms Behaving Badly
It is clear now, one-year into the second coming of Donald Trump, that the normative international order in place since World War II has been breached. Trump recently pronounced that he doesn’t need to follow international law because all that counts is his “own...
Analysing the Iranian Uprising: Costas Douzinas interviews Leila Faghfouri Azar
This interview, conducted by Professor Costas Douzains for the Greek weekly newspaper Epohi, features Dr. Leila Faghfouri Azar and was originally published in Epohi’s special supplement on the Iranian uprising (24–25 January 2026). In the conversation, Faghfouri Azar...
One’s own morality as the highest court: A variation on Hegel’s concept of international law
Whether international law constitutes an independent legal domain endowed with sanctioning power with regard to its subjects is a question that has resurfaced in nearly every crisis that has emerged within the post Cold War new world order, and one that has most often...
Iran’s Uprising: Between Clerical Violence and Neo-colonial Aggression
None The beginning of 2026 marked yet another human tragedy for Iranian society. In January, hundreds of thousands of Iranian protesters took to the streets in over 100 cities in response to political repression and growing socio-economic hardships. This new wave of...
Greenland and the Spectre of Dispossession
When it came to grabbing territory, the British had effective techniques by the 1960s. Morning-tea at Downing Street could accomplish what a U.S President’s incontinent media posts have been threatening to do with much froth and fury since 2019. The creation of the...
Greenland between a Rock and a Hard Place
Amid US President Trump’s looming take-over of Greenland and attempted coercion of Western allies to agree to this, Western liberal international lawyers and commentators are busy reaffirming Danish sovereignty over the territory. However, an anti-colonial...
Militant Democracy as Neurosis
Walter Benjamin invites us to think language in a radically different way: not as a neutral medium of communication, but as something living, something creative. For him, language is not exclusively human: everything that exists speaks. It may do so through gesture,...
Cadaverous Tranquillity: Proscription, Anticipatory Repression and Coleridge
In December 1795, William Pitt’s government introduced the Treasonable Practices Bill and the Seditious Meetings Bill—the “Gagging Acts” as their opponents called them. They were designed to suppress the radical democratic societies that had flourished in the wake of...
Gaza, Venezuela and International Law
Left: Maduro Captured (US Military, Public domain, via Wikimedia Commons) | Right: Trump with members of his cabinet at Mar-a-Lago during "Operation Absolute Resolve" (Official White House Photo by Molly Riley, Public domain, via Wikimedia Commons) 1. After the...
Rage Against the End of International Law: From Venezuela to the Global
In a recent piece published at Opinio Juris,[i] Nikolas M. Rajkovic calls on international lawyers to recalibrate their “ways of seeing” to account for the multi-scalar, relational, and interconnected nature of contemporary authority and power. His article...
Why Human Rights fail Global Southern Women
Following a tumultuous start to her role as first lady of the United States of America, wherein she was accused of destroying ‘family values’ and promoting ‘militant feminism’,[1] Hillary Clinton delivered a much-lauded speech condemning Chinese abuses of...
