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

Antinomies of Government by Chaos: Trump and the Pilgrims of Nothingness
In Greek mythology, Chaos is that primordial state which precedes the appearance of the Gods. A gaping void, a primordial non-time prior to the blossoming of light, which is necessary for the appearance of life. To evoke the origin of the gods, one must refer to Chaos (as Hesiod's Theogony does, 8th century BC). Chaos precedes Gaia (the Earth) and the principal elements, the Sky, Darkness, Night, Day, Light… It is formless, inert mass, perhaps an abyss. In Carl Schmitt’s political theology, the modern government of the living profanely transposes this origin story. The Hobbesian state of nature is the Greek Chaos; the Sovereign is the heir to the gods who prevents a relapse into civil war. Government (rather than reign) consists first and foremost in the production of an order that is always singular in form, but whose premise is the revocation of chaos. In modern societies, Foucault’s disciplines and rationalities order forms of life. Chaos remains that which perpetually threatens…
ARTICLES
Refugee Struggles: From Helsinki to Paris
E ven if refugees have lost their political community, their “society of equals” comprising “reciprocity and commonness” and “mutual agreements and promises,” as Hannah Arendt says, they are able to become and act as political subjects. Refugees create new kinds of…
Liverpool Law Externals Resign over Management Threats
External examiners for Liverpool Law School today resigned en masse over Liverpool University management's threats to students. With the authors' permission we reproduce the letter below. Solidarity with everyone striking this week! We, the undersigned, have tendered…
The End of the Transition to Democracy in Chile
After the historic march in Santiago that gathered more than a million people, and of multitudinous marches in other cities and regional capitals, the sense of the protests that began more than three weeks ago and led the country to the most acute crisis since the…
Gilles Deleuze: Jurisprudence
Key Concept The relationship between law and the thought of the French philosopher, Gilles Deleuze, is an interesting one. Throughout his work, Deleuze, often, manifested his contempt for judgment and representation – undeniably, two fundamental characteristics of…
New Police powers aimed at #ExtinctionRebellion?
The Metropolitan Police force have requested greater powers to deal with the threat of #ExtinctionRebellion. The exact details of the request are unclear, but some of the proposals have begun to emerge. And they are couched in what may be politely be called ‘utter…
Why Context Matters in the Trans Prisoner Policy Debates
‘Let women prisoners decide’ on trans policy sounds democratic but follows a concerning trend of anti-trans groups using women prisoners for their own political agendas In a recent blog post, the Director of the Centre for Crime and Justice Studies (CCJS) argues that…
The Case Against Agamben’s Impotence
Another appraisal of Aristotle´s configuration of potentiality and actuality and the latter as a division between Entelecheia and Energeia may open up a new consideration of being and power. Through it, we may dispel Agamben´s interpretation of power that shrouds…
Recognising the right to food does not mean handouts but radical transformations
Four years after the Lombardia regional council in Italy approved the first law on the ‘Recognition, Protection and Fulfilment of the Right to Food’ in the European context, time seems to be ripe to put food at the centre of analogous political and legislative…
A ‘Dred Scott Moment’ – but not only for the UK Supreme Court!
When Aidan O’Neill QC, counsel for SNP MP Joanna Cherry and the other parliamentarians, asked the UK Supreme Court to save the “Mother of all Parliaments from being shut down by the father of all lies” it was justifiably a sensation. Finally the crux of the case…
Law & Critique: Technology elsewhere, (yet) phantasmically present
While in some corners it has been argued that “post-modernism” (in these tellings, usually a metonymy for any theory that questions authority, the stability of meaning and the normalization of various forms of sovereignty and their violence) bears a certain level of…
Pierre Bourdieu: Habitus
In Outline of a Theory of Practice (1977) Pierre Bourdieu provides a framework both for understanding the way that cultural settings (re)produce the means of their own production, and for analysing the effect of this (re)production on the particular subjects of a…
What now, Brazil?
T he words that come to mind the most are astonishment and perplexity. The Brazilian government has slipped into the abyss of absurdity, into an absolute trivialization of abuse and aggression, into a gross violation of the most basic rules of democratic coexistence…
The Politics of International lawyers: Whose Legacy Is at Stake? Reflections on Martti Koskenniemi’s series on ‘The Politics of International Law’
The latest issue of the European Journal of International Law opens with the third instalment of Martti Koskenniemi’s The Politics of International Law series. This post offers some reflections on Koskenniemi’s article, although it is not intended as a full response…
Hannah Arendt: The Right to Have Rights
Shortly after the adoption of the Universal Declaration of Human Rights (UDHR) in 1948, the English translation of Hannah Arendt’s essay was published under the title 'The Rights of Man: What Are They?' This essay was later incorporated in Chapter 9 of The Origins of…
Law & Critique: Property and the Interests of Things
We take it for granted that the very wealthy use trusts to leave their wealth to their children. Have they not always done so? After all, the aristocracy has used one or another variant of the trust form for centuries to pass on rolling hills, country piles and…
The Future of Sex Work: Labour unfreedom & Criminality at work
The central and uniting demand of the sex worker rights movement around the world is the decriminalization of consensual adult sex work. This is based on the recognition that criminal law intervention makes sex workers less rather than more safe, and that sex workers…
Brasília: Constituent Power, Architecture, Urban Planning
These notes belong to the same project on constitutional spaces that Panu Minkkinen has been working on for some time, and this piece was first published on his own blog. He says there that these notes represent a first attempt to look at the intersections of…
Art, Law and the Elements: The Turn of the Venice Biennale
T he 58th Venice Art Biennale is a sweeping turn towards the elemental. Aligned with many practices and disciplines (law and art amongst them), this turn to the elemental is everywhere in the Biennale: in the choice of materials, of forms, of artists by the main…
The Far-Right in Austria; Or why ousting the current government won’t change an extreme consensus
This vote followed a political crisis provoked by a video recently circulated, which shows former Vice-Chancellor Heinz-Christian Strache (FPÖ) and his close associate Johannes Gudenus (FPÖ) in a meeting with an alleged investor, discussing avenues for illicit party…
Rights as a Distraction from ‘Belonging’: A Response to the Shamima Begum Ruling
I’m not an accomplished Tweeter. When I tried to Tweet about an event I spoke at recently and typed ‘Shamima’, the autocorrect changed it to ‘shaming’.It’s funny how often that happens – some unintended link to a truth identified by autocorrect (my own surname…
A Short History of Throwing Food at Fascists
In the last month, milkshakes have been lobbed at several far right candidates in the Euro elections. First it was former English Defence League leader Tommy Robinson, then UKIP’s misogynist YouTuber Carl Benjamin and now Nigel Farage as he was out campaigning in…




























