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)
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…
ARTICLES
Crossing the Trenches: The Jungle and its Contentions of the Image
The image is the means by which we both avoid the Other and yet represent the Other. As the rights of movement in the global age demarcates who the Other is, a confrontation with the image becomes necessary to envisage a future based on an equal rights of movement.…
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…
The X Game of Language: Decrypting Heidegger’s Ready to Hand
We feel as if we had to repair a torn spider's web with our fingers. — Ludwig Wittgenstein (PI, 106). Imagine that tomorrow every single written sign of every written language is transformed into the letter “x” (all scripts become the extensive combination of x´s).…
Brazil in Danger: Three Time Bombs
Brazilian democracy is on the brink of the abyss. The institutional coup that was set in motion with President Dilma Rousseff’s impeachment and led to the unjust imprisonment of former President Lula da Silva is all but complete. The consummation of the coup has…
#We The Peoples of the World… Except you: Disaster Capitalism in Barbuda
Like a horrific traffic accident, the 2017 Hurricane season gripped much of the world with a morbid and awe-filled fascination. Through the remarkable advances of technology, Nature’s wrath as viewed from space was presented across all media in highest definition to…
How Liberal Zionists Sowed the Seeds of Israel’s Nation State Law
When Richard Spencer, one of the leaders of the Alt-Right movement in the United States, says that he is a “ White Zionist ”, and that he wants white people “to have a secure homeland that for us and ourselves just like you want a secure homeland in Israel”, he is…
Organised State Abandonment: The Meaning of Grenfell
❝ My family were survivors of life, yeah? This is not the only traumatic thing that’s happened to us that’s been on the news, et cetera, yeah? And we’re fighters naturally, yeah? So who do you argue with? Who do I argue with? This has been my stress this year, this…
Reflections on a Strike: Friendship and/as the Future of Rights
It was a sunny afternoon in early March. We were a small group of about twelve and the event was a teach-in I was leading on the topic ‘Is it Useless to Revolt? The Strike as Counter-Conduct’ (part of a month of Sussex Strike events). [1] We quickly agreed that ‘is…
Law & Critique: Welcome to A Law World without Jurists?
Does law need jurists (or lawyers, as they are called in the Common law tradition) to perform its regulatory functions? In the Western Legal Tradition, the answer is usually “yes.” The orthodox narrative tells us that law is a human construct in the sense that it…
Against Appeasement: What’s Wrong with Zionism?
I n response to recent attacks on Jeremy Corbyn concerning “Anti-Semitism”, the British Labor Party leader sought to appease Zionist organisations in an op-ed in the Guardian (3 August 2018) in which he disavowed the notion that “Zionism is racism” as an…
New German Intersex Law: Third Gender but not as we want it
Last October, the German Constitutional Court found that an intersex person’s ‘right to positive gender recognition’ had been violated with the availability of only the M and F boxes combined with the obligation to tick one in the population register and many other…
A Manifesto for Feminist Global Constitutionalist Order
No society has a constitution without the guarantee of rights and the separation of powers; the constitution is null if the majority of individuals comprising the nation have not cooperated in drafting it. — Olympe de Gouges (Marie Gouze)[1. The Declaration of the…
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…
“Whoever owns the land, the natives do not”: In Re Southern Rhodesia
One hundred years ago today, the British judiciary presented the Empire’s most expressly and egregiously racist justification for the land dispossession of indigenous peoples. As Zimbabweans go to the polls next week, no matter which way they turn, they continue to…
Obituary: Connor O’Callaghan
On Sunday July 8 th, our friend and CLT contributor Connor O’Callaghan passed away in a water related accident on Chocolate Lake near Halifax, Nova Scotia. Connor was a third-year PhD Candidate in the Social and Political Thought program at York University, working…
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…
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…
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.…
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…
Law & Critique: Burkini, Bikini & The Female (Un)dressed Body
In 2004, when Aheda Zanetti created the burkini, a swimsuit that covers the body leaving the face, hands and feet uncovered, its purpose was to increase Muslim women’s agency by allowing them to enjoy sports and beach culture. She would never have imagined that her…
The Labour of Legal Change: On the Final Days of the Irish Pro-Choice Referendum
I was on Liffey Street with the smokers when the referendum polls closed. A gang of us friends - canvassers and campaigners - had been having dinner together in an upstairs room in a restaurant on the quays. Two big raucous tables. Too much red wine. Loud, joking…
KEY CONCEPTS
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