CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Impunity Has a Carbon Footprint

Impunity Has a Carbon Footprint

A single F-35 fighter jet burns through roughly 5,600 litres of fuel for every hour it is in the air. A US aircraft carrier strike group on deployment consumes more oil in a week than some small nations use in a year. The B-52 bombers the United States flew over the Middle East in recent months burn so much fuel on a single mission that the carbon from one sortie roughly equals what an average British household produces in twelve months. Nobody adds any of this to a climate ledger. It is not counted, not reported, and not required to be. This is not a technicality buried in treaty language. It is one of the largest and most consequential gaps in global climate accounting, and it was put there on purpose. Meanwhile, ordinary people across Europe have been panic-buying rooftop solar panels since the Iran war began, because their energy bills have become unbearable. The EU's energy commissioner told Reuters this week: "We really do need to get rid of our dependency on gas as fast as…

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ARTICLES

Trump’s Upside Down

Trump’s Upside Down

It is no accident, as the historians love to say, that this past television season, the breakout show was Stranger Things, which I watched and loved, along with many of you, I am sure. Stranger Things is a romp through 80’s nostalgia, from Steven Spielberg’s E.T. to…

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Is Fascism Making a Comeback? (Part II)

Is Fascism Making a Comeback? (Part II)

Continuing the reposted series from State of Nature, the question is whether Fascism is making a comeback? Seventy-two years after the end of World War II, the spectre of fascism is again haunting the globe. The important questions we should be asking are why, and…

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Is Fascism Making a Comeback? (Part I)

Is Fascism Making a Comeback? (Part I)

Chiara Bottici In fact, fascism has never gone away. If by fascism, we mean the historical regime that created the name and embraced the ideology explicitly, then we have to conclude that the concept is only applicable to the political regime that reigned in Italy…

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Michel Foucault: Discourse

Michel Foucault: Discourse

Key Concept The idea of discourse constitutes a central element of Michel Foucault’s oeuvre, and one of the most readily appropriated Foucaultian terms, such that 'Foucaultian discourse analysis' now constitutes an academic field in its own right. This post therefore…

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Michel Foucault: Archaeology

Michel Foucault: Archaeology

In 1968, Jean Hyppolite, chair in 'The History of Systems' at the Collège de France, died. By 1970, Michel Foucault had been elected into Hyppolite’s vacant position, as the Chair of 'The History of Systems of Thought'. It was a position he, too, remained in until…

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Private Security: Twin Indignities

Private Security: Twin Indignities

The privatisation of criminal justice practices is an affront to human dignity. When we are acted upon for profit as well as for justified ends, the proper link between coercion, rights, and authority is lost. M inistry of Justice proposals could mean that all…

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Britain: The Empire that Never Was

Britain: The Empire that Never Was

Why Brexit is the culmination of a British national project which weaponises imperial amnesia and nostalgia. Brexit sold the country a dream; ostensibly a project built on anti-migrant sentiment, it also invoked delusions of grandeur, rooted in reanimating the…

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The Fallacies of Neoliberal Protest

The Fallacies of Neoliberal Protest

This post is an amended version of remarks read at a rally organized by Cornell University’s Black Students United (BSU) on September 23, 2016. Students gathered to protest the recent police shootings of Tyree King, Terence Crutcher, and Keith Lamont Scott. It is…

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The Left and Catalonia

The Left and Catalonia

How a Left position regarding the Catalonia referendum on 1 Oct 2017 could present itself juridically and politically T he Catalonia referendum this Sunday will become part of the history of Europe, possibly for the worst of reasons. I will not discuss here the…

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Catastrophe at Warwick

Catastrophe at Warwick

A catastrophe is only violent in its uncalled for appearing, and its coming is all around us in the smallest things. T his year’s Critical Legal Conference takes place at Warwick under the title Catastrophe. This is not without reason, for it sees the notion of…

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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…