CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Women and Colonialism in the UK Supreme Court’s decision in Re Dillon (2026)

Women and Colonialism in the UK Supreme Court’s decision in Re Dillon (2026)

There are many extraordinary things about the UK Supreme Court’s (UKSC) decision in Dillon. It unpicks at least half of Article 2 of the Windsor Framework – specifically undoing the elements that protect human rights in Northern Ireland post Brexit. Its use of interpretive tools to undertake what I’m sure it regards, to paraphrase Self-Esteem – as some kinda wizardry to arrive at absurdities of interpretation. Colin Murray in his blog posts outlines many of these legal high jinks in what he rightly calls a highly activist judgment. Reasonable sounding conservative judgments written in abstractions are rarely called out for their activism. Even where their apparent rationality and common sense are deployed to undo ordinary meanings and intentions. But here the UKSC, in seeing the controversial UK Legacy Act of 2023 as a way to narrow future protection of rights in Northern Ireland it is activist, including in ways that I will outline below, that impact women but also reproduces many…

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ARTICLES

Trump, or Capital in the Oval Office

Trump, or Capital in the Oval Office

T he moment was of course metaphysically necessary—that capital incarnate itself as man and come among us. The question we must ask rather is how this descent occurs, for that determines all that follows. Trump is not a pope and he has not come down amongst his…

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Law & Critique: Bourdieu’s Divine State

Law & Critique: Bourdieu’s Divine State

What can the French sociologist Pierre Bourdieu contribute to a critique of law? Throughout the last decades of his career, Bourdieu repeatedly returned to a quasi-theological reading of sociology. During his lectures at the Collège de France in the mid-1980s…

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Obligations in the New Climatic Regime

Obligations in the New Climatic Regime

The Anthropocene heralds a rupture within the modern imaginary, calling for modes of thinking in obligations beyond the co-ordinates that have hitherto defined that worldview. Mass extinctions, the melting of ice caps, the acidification of the oceans, and extreme…

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Carl Schmitt: Katechon

Carl Schmitt: Katechon

The concept of the katechon first appears in biblical literature with two hapaxlegomena occurring in the second deutero-Pauline epistle to the Thessalonians: “And now you know what is now restraining him [τὸ κατέχον], so that he may be revealed when his time comes.…

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Rethinking the University

Rethinking the University

Counterpress are pleased to announce the publication of Rethinking the University: Structure, Critique, Vocation by Soo Tian Lee. Dr Lee answers questions about his book. I was first introduced to the work of Kojin Karatani by Edia Connole, an Irish activist-academic…

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KEY CONCEPTS

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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…