CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Seminar: Receiving Traditions of Civility

Seminar: Receiving Traditions of Civility

Continuing our seminar series in conjunction with the Warwick Centre for Critical Legal Studies, we are thrilled to have a paper from Adil Hasan Khan on traditions of civility in the South Asian context, particularly thinking about the Citizenship protests of 2020. You can subscribe to our seminar series here on youtube. https://youtu.be/Em3aKHnH1OQ Abstract: 'This talk provides a genealogy of the concepts of the secular, religion and politics in early modern and colonial South Asia in order to make intelligible a tradition of civility, one that rivals the project of colonial modernity and cultivates the conditions of co-habitation of different denominations in South Asia. It was prepared in the wake of the then ongoing protests against the adoption of the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) in India, widely perceived to threaten civic co-habitation. The talk also reflects upon how being attentive to a tradition of civility demands a different...

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ARTICLES

Our Favourite CRT: Michelle Alexander

Our Favourite CRT: Michelle Alexander

Michelle Alexander (Photo by Vivien Killilea/WireImage) Michelle Alexander, The New Jim Crow (The New Press 2010) When I was a wandering recent law graduate, I found myself washed up in the murky bayous of New Orleans, working at an under-resourced,...

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Our Favourite CRT: Gloria Anzaldúa

Our Favourite CRT: Gloria Anzaldúa

Gloria Anzaldúa, ‘The Coming of el Mundo Surdo’ in AnaLouise Keating (ed), The Gloria Anzaldúa Reader (Duke 2009) How can we make sense of a global order that is founded upon the act of making “most of the world”[1] out of place, through the motions of...

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Our Favourite CRT: Lewis Gordon

Our Favourite CRT: Lewis Gordon

Lewis Gordon, Disciplinary Decadence: Living Thought in Trying Times (Routledge 2007) I’ve been called ‘Paki’, ‘flaco n*****’, ‘Ethiopian’ or ‘too Latin American’ more times than I care to count. Including during and about my teaching. But CRT is not about...

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Our Favourite CRT: Donna Awatere

Our Favourite CRT: Donna Awatere

Donna Awatere, Māori Sovereignty (Broadsheet 1984) My mother’s people are from Ōpōtiki on the East Cape of Aotearoa and it wasn’t until I was an adult that I came to have some understanding of my Māoritanga, or our people’s history. Our iwi (tribe)...

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Our favourite CRT: James Baldwin

Our favourite CRT: James Baldwin

James Baldwin, Speech at Berkeley (1979) I call myself a child of this world of empire. The colony I was born in bore recent witness to British district officers who met with one of my grandfathers. My other grandfather was schooled by Scottish missionaries....

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Our Favourite CRT: Attia Hosain

Our Favourite CRT: Attia Hosain

Attia Hosain, Sunlight on a Broken Column (Chatto and Windus 1961)  A few years ago, I was offered the opportunity to participate in a workshop in India to support early career academics with their writing. The workshop was geared towards addressing the...

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The De-Aging of the World

The De-Aging of the World

Social age does not coincide with physiological age. But the degree of the discrepancy varies according to historical period, including its social context and the other collective circumstances surrounding it. The same applies to societies. The industrialized world in...

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CLC Dundee: undeed and duende.

CLC Dundee: undeed and duende.

Had the virus not intruded, I, and many of CLT’s readers, would be in Dundee right now, for the annual Critical Legal Conference, an event that has happened every autumn since the mid-1980s. The CLC has often proclaimed its non-existence for all but three days of the...

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An Escape Route for Brazil

An Escape Route for Brazil

Brazil is at an existential crossroads, the magnitude of which we can only begin to imagine. This is a country where the pandemic has caused one of the worst humanitarian disasters in the world. With only about 2.8 percent of the world population, Brazil accounts for...

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What Kind of Justice for a ‘Global New Deal’?

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 responses...

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Marxist Legal Theory: The State

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...

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The Statues of our Discontent

The Statues of our Discontent

Statues 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, which...

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Postcolonial Liberalism’s Double Binds

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...

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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

Following the death of Peter Fitzpatrick this month, we are reposting this series on The Mythology of Modern Law (first published on CLT on 3 August 2018) to mark the 25th anniversary of the book.2017 marked the 25th anniversary of Peter Fitzpatrick’s The Mythology of...

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...

Law is a Fugue

BWV 895 Law is, metaphorically speaking, a fugue.Desmond Manderson has previously deployed the fugue metaphor to describe the mode with which he would present the aesthetic dimensions of law and justice. Here I am intensifying the metaphor in direct relation to...

Jacques Derrida: Deconstruction

Key Concept Img: Annie Vought | annievought.com 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...

Cupcake Fascism: Gentrification, Infantilisation and Cake

The Cupcake as Object 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...

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...

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

01. INTRODUCTION: On the Conjuncture 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...

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...

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...

Neither Capitalism nor Communism, but Decolonization: Interview with Walter Mignolo (Part I)

Christopher Mattison: During an interview that you gave with Madina Tlostanova in 2009, you posed the question (as a response) “Why save it at all?”—in regards to the economic system and the looming financial crisis. You continued by stating that it wasn’t the...

Punk, Law, Resistance … “I have set my affair on nothing”

1. I, Punk 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...

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...

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...