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

Left and Right Strategies of Legislative Supremacy in Great Britain
Over at the LPE blog, a series of contributions has advanced why legislative supremacy ought to be part of a socialist left strategy. Partly, this is a response to the growing juridification of social and political life that has buttressed the power of the courts and, particularly now, a growing deference of the courts under a nascent executive constitutionalism. Beau J. Baumann (initially spurred by a piece Sabeel Rahman wrote for Dissentand to which Rahman later responds to him and others here) convincingly argues that the American left lacks a constitutional politics — a theory of who should wield state power and on what terms. The American Right, on the other hand, has advanced and implemented a constitutional politics oriented around a radical presidentialist settlement that sidelines Congress and subordinates bureaucratic power to executive will. Baumann's riposte is to dismantle both juristocracy and managerial presidency, in order to pursue progressive goals like industrial…
ARTICLES
The Cost of ‘Justice’: Sexual Offence Complainants and Access to Personal Data
Monday last week saw the announcement of a new UK national policy requiring criminal complainants to sign consent forms authorising detectives to access data in their mobile phones. Conveyed in a joint briefing by Metropolitan police assistant commissioner Nick…
The Mytho-Poetics of Critical Legal (secret) Society
By all accounts the secret society began before the Boston body was found. It started in many different places, small groups began to form who consumed the scraps and leftovers from other tables. Clusters of interested people had been gathering in smoky rooms for…
Law & Critique: Law of Denial: The Armenian Genocide at the European Court of Human Rights
On 24 April 2019, France held its first official Armenian Genocide Commemoration Day, marking the 104 th anniversary of the 1915 genocide. The national day of commemoration fulfilled an election pledge by President Emmanuel Macron, and drew the predictable angry tu…
Law & Critique: “Life is not simply fact” – aesthetics, atmosphere & the neoliberal university
What should we understand under neoliberalism in the context of the university? Anderson (2016:735) argues that neoliberalism should not be seen as something ‘singular, coherent … with a simple origin point. … New hybrids are formed as neoliberal styles of reasoning…
The Age of Pardon or the Age of Aggression?
T hroughout the 20th century there were frequent apologies and claims for reparations for the atrocities committed in the context of the relations between peoples and countries, as illustrated by Germany's initiatives with regard to the Holocaust and by the US…
One Token, Two Sides: Data Dysphoria & Fantasies of Control
Cyberspace, as a shared dimension but unequal community, is in a moment of unease and alienation over the ways and means of data creation, dissemination and preservation, including methods of storage on- and offline. Communication and circulation of commercial and…
TWAIL Coordinates
Also available in Spanish, Portuguese, Arabic, Farsi, Sinhala, and Turkish translation Photo: Street in San Juan, Puerto Rico, 1941. FSA-Office of War Information Collection. Library of Congress, Washington, D.C., USA.This photograph of a street in San Juan,...
Law & Critique: In the service of a total market: the Future of Legal Craft
In recent years, the growth of financial markets, the spread of information technology and institutional changes in democracies have often been associated with the rise of populist politics. Such developments, sometimes characterised as transformations resulting from…
What if we really protested Brexit? Constituent Power & Unrest
No one has really protested Brexit. Sure, lots of people have gone to the streets and politely walked around their major cities. But there is no real protest, no unrest, no potential for disorder. Instead there is an endless cycle of hot-takes: hot-air continuously…
Michel Foucault: Discipline
Discipline is one of Foucault’s most intriguing and widely discussed concepts. This explanatory post broadly examines discipline and disciplinary power by considering how Foucault conceptualises the panopticon (and panopticism) to articulate it, how it differs from…
Giorgio Agamben: Stasis
At a time when the world seems to be rejecting the universalist neo-liberal logic of governance to embrace various modes of cultural, political, socio-economical, and juridical nationalisms, an engagement with Giorgio Agamben’s concept of stasis becomes all the more…
Roma, or the Concealed Artist
The poet should endeavor, if possible, to combine all poetic elements; or failing that, the greatest number and those the most important; the more so, in face of the caviling criticism of the day. — Aristotle, Poetics. Like all great aesthetic works, Roma by Alfonso…
Soft Power and Hotspot Life: The Lessons of Lesbos 2015–18
A hotspot, to explain, is the idea of detaining arriving migrants and refugees at one spot for processing, the hotspot RIC ( Reception and Identification Centre ). It is another instrument to add to a growing collection for a common European asylum policy. But that…
Are some feminists asking the wrong question about who counts as a “lesbian”?
Kindly reposted from Diva Magazine: Kathleen Stock, a Professor of Philosophy at Sussex University, and enfant terrible of gender critical feminism, has recently asked: “can a biological male be a lesbian?” Of course, framing the question in this way tends to suggest…
Gilles Deleuze: Ethics and Morality
Key Concept The task of talking about ethics and morality, in relation to the philosophical thought of one of the most significant French philosophers of the 20 th century, Gilles Deleuze, is not an easy one. This is because – and despite the vast multiplicity of…
A Hegelian Logic Underlying Contemporary Conservative Populisms?
As Jair Bolsonaro takes office in Brazil, he seems to have become the latest in a worldwide trend of the last few years, of populist (at least would-be) strongmen who premise their right to ignore or violate longstanding norms of civility upon their representation of…
Sex, Gender and the Trans Debate
The recent debate on gender recognition reform, as played out in the press and on social media, has been painful to behold. With passions running high, much of the discourse has been marked by a lack of regard for the viewpoints of others, on occasion spiralling into…
The “Yellow Vests” Show How Much the Ground Moves Under Our Feet
If one feature of any truly revolutionary moment is the complete failure of conventional categories to describe what’s happening around us, then that’s a pretty good sign we’re living in revolutionary times. It strikes me that the profound confusion, even…
The Problem with ‘Populism’
Last month, The Guardian published a series of articles on populism, which were accompanied by much hype from the newspaper’s social media accounts. They started the series with the front page splash, ‘Revealed: One in Four Europeans Vote Populist’. This series…
The Yellow Vest Movement: Between ‘ecological’ neoliberalism & ‘apolitical’ movements
CrimeThInc.com have very kindly allowed us to repost this really useful analysis of the Yellow Vest movement in France. The past weeks have seen a massive confrontational movement arise in France opposing President Emmanuel Macron’s “ecological” tax increase on gas.…
Humour, Security and the Stansted 15
‘Humour is not resigned; it is rebellious.’ Sigmund Freud ‘Humour’. O n 28 March 2017, activists known as the ‘Stansted 15’ obstructed a charter airplane, preventing it from taking deportees back to their countries of birth. The Stansted 15 managed to immobilize the…





























