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

Punishing Heat: A Materialist Account of Solar Radiation and Carceral Institutions
At the end of June 2026 much of Europe experienced its highest recorded temperatures since the 1950s. Cities like Paris approached 41°C, and large parts of the continent were placed under the highest red heat alert. As heatwaves have become longer, more intense, and more frequent, people across Europe have sought relief where they can, retreating to the coast, installing air conditioners, or simply staying indoors during the hottest parts of the day. Yet these options to avoid the discomforts of extreme heat are not available to everyone. Media accounts about the unequal impact of extreme heat have focused on those living in poorly insulated housing, working outdoors, or residing in deprived neighbourhoods. But another population has remained mostly absent from mainstream public debate - prisoners. While extreme heat poses significant risks for many different marginalised groups forced to live in impoverished conditions, prisons constitute a unique context because they involve a…
ARTICLES
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…
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…




























