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

What we are reading… Jessica Whyte and Máiréad Enright
Adania Shibli, Minor Detail. Trans. Elisabeth Jaquette. (Fitzcarraldo Editions, 2020) Adania Shibli’s Minor Detail is a novel made of two stories of violence and domination, separated by more than six decades. In the first, set during the Palestinian Nakba, a terrible crime is committed against a girl by soldiers sent to ‘cleanse’ the Negev of remaining ‘Arabs’. This ‘incident’, the Palestinian narrator of the second story notes, is the kind that ‘happens so often that I’ve never paid them much attention before.’ Yet, she does pay attention to this one because of a ‘minor detail’: it took place exactly twenty-five years before her birth. As she begins an obsessive quest to discover the truth of this ‘incident’, she crosses borders—‘military ones, geographical ones, physical ones, psychological ones, mental ones’. With the aid of a Jerusalem ID card borrowed from a colleague, she travels across the Qalandia checkpoint from Ramallah in a rented car, guided by two maps, one populated…
ARTICLES
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…
Can Critical University Studies Survive the Toxic University?
Several things in the news recently have made me want to write again about Critical University Studies (CUS) – a discipline that has been given momentum in the UK by the USS pensions strikes of spring 2018. As I visited a number of campus rallies and teach-outs, I…
Law & Critique: Transitional Justice as ‘Omnus et Singulatim’
Our understanding of transitional justice is dominated by an avowedly normative body of scholarship whose allure is rooted in its technocratic promise to solve real problems ‘on the ground’. From its perspective, transitional justice is conceived a set of legal and…
Law & Critique: Encountering the Past
We are thrilled to be working with Law and Critique, the primary critical legal studies journal. In the coming months we will be featuring blogs from some of their most recently published authors, these will include links to open-access read-only versions of their…
Watching Women’s History in the Irish Pro-Choice Referendum
“None of this is happening. We think we’re here but we aren’t.” I am in Tigh Neachtain in Galway with Speaking of I.M.E.L.D.A. on the 10th of April. We are having an abortion referendum in Ireland on May 25, to repeal the anti-abortion Amendment they put into the…
Did Baudrillard foretell the advent of fake news? From disinformation to hyperinformation
Jean Baudrillard (1929-2007) is not the most often cited of the post-war French philosophers. Yet, radical, nihilistic, prophetic, Baudrillard’s philosophical critique of post-modern society, and specifically his idea of the ‘hyperinformation society’ emanating from…
KEY CONCEPTS
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