CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Left and Right Strategies of Legislative Supremacy in Great Britain

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…

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ARTICLES

TWAIL Coordinates

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,...

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Michel Foucault: Discipline

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…

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Giorgio Agamben: Stasis

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…

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Roma, or the Concealed Artist

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…

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Gilles Deleuze: Ethics and Morality

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…

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Sex, Gender and the Trans Debate

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…

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The Problem with ‘Populism’

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…

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Humour, Security and the Stansted 15

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…

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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

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.

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 notion of biopolitics, as it was formulated by Michel Foucault, has been a very important…

Law, Reading, and Power: The ‘S’ Joke, Why You Find it Funny and Why I Don’t (with Reply)

A guy walks into a bakery known for making fancy cakes. He says, “I’d like to have a cake shaped like the letter S.” The baker says he can do it, but the cake will be expensive. The man confirms that price is no object. The baker tells him to come back after three o’clock. When he comes back, the baker unveils a beautiful S cake, but the man is…

Law is a Fugue

Law is, metaphorically speaking, a fugue. This metaphor is intended to compare law with the form, structure, and spirit of fugue, and by doing so to provide yet another way to (partially) reveal the nature of law. The fugue is the highest point of contrapuntal development in Western tonal music. The word “contrapuntal” comes from contrapunctum…

Jacques Derrida: Deconstruction

Key Concept 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 construction of meaning. From this early work, and later works in which he has attempted to explain deconstruction to…

Cupcake Fascism: Gentrification, Infantilisation and Cake

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 makes your fingers sticky. The cupcake is none of these things; that is, it possesses none of the…

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 capitalist venture of the neo-liberal project. What appears at first glance to be 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

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 in the birth of the nation-state, the rise of capitalism, and a Twentieth Century of unprecedented wars. 2. Most…

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 exceptionally succulent off the bone ham sandwich at the roast carvery section. You…

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 partition plans and political programs and then turned into a sealed ghetto…

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

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 about your age, it defined a generation, and I belong to the punk generation. It defined…

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 presences (belonging to both states and corporations). They have continued to…

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 ontologically, politically, morally, the two are involved in a zero-sum game. In this…