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

The Right of Asylum and the Return of “Enemy Criminal Law”
CLT recently featured a translation of E.B. Pashukanis’ 1929 article “The Right of Asylum and the Practice of Bourgeois Governments,” originally published in the journal MOPR under the auspices of the International Red Aid (IRA). There have been few studies of the IRA and its MOPR journal to date, and it is important to note that Pashukanis’ defence of the right of asylum was hardly the first or last to appear in this context. The IRA was an overtly political organisation concerned with safeguarding the right of asylum. Noticeably absent in today’s global politics is a comparable organisation with a similar political mandate. Pashukanis’ diagnosis of the practices of bourgeois governments regarding asylum and criminal law remains strikingly relevant. In what follows, we turn to contemporary analysis, pinpointing continuities and changes concerning the treatment of political and “alien” enemies in capitalist democracies. Just as the right to non-extradition had evolved dramatically…
ARTICLES
On Rosa Parks’ Tomahawk, or, The US Strikes in Syria
In the wake of the most recent USA airstrike in Syria, Professor Anne-Marie Slaughter, a former president of the American Society of International Law and U.S. State Department Director of Policy Planning between 2009 and 2011, took to Twitter to think through some…
The Proposed Amendment to the South African Constitution: Finishing the Unfinished Business of Decolonisation?
On 27 February 2018, an overwhelming majority of members of South Africa’s National Assembly adopted a motion to begin the process of amending the ‘property clause’ in the constitution. Given the befuddled nature of the present clause, the proposed amendment seeks to…
Workshop: The Time(s) & Temporality of International Human Rights Law
(2 nd July 2018, School of Law, Queen’s University Belfast) 2018 marks the 70th anniversary of the Universal Declaration of Human Rights, the seminal document which founded the international human rights law regime. Today’s context for rights, however, is markedly…
On Corbyn, Antisemitism and Things Jewish
Y et another episode in the story of Jeremy Corbyn’s antisemitism. This time from 2012, in expressed support for a graffiti artist’s free speech rights after the artist’s painting of white bankers playing monopoly on the backs of the globe’s dispossessed was declared…
Being set up to fail? The battle to save the UK’s Universities from speculative finance
When Sam Gyimah announced a traffic light rating system for universities this week many poured scorn on the ineptness of the attempt to classify higher education by a simplified metric drawn, no doubt, from Mr Gyimah’s previous life as an investment banker. Yet the…
UCU Strike Action – Open Letter
We the undersigned, Call on the UCU national leadership to reconsider its position reached in ACAS negotiations with UUK on the 12th March 2018. The current agreement kicks a serious solution to the pension dispute in the long grass, committing to a three year…
Crises of Constitutionality
A Marxist problematization of the concept of constitutional crisis. Originally published by Legal Form. Republished by permission. W hat is a constitutional crisis? Can a diverse array of observed phenomena — such as the slow-motion coup in Brazil, the legal and…
Giorgio Agamben: Oath
Key Concept T oday, the oath seems to us obscure and obsolete. As an enigmatic relic of earlier times, it invokes the authority of sacred and supernatural powers that go beyond the scope of human capabilities, and by doing so it realizes its aim—namely…
Demands Against the Long Crisis of the University
Next week the UCU (University and Colleges Union), which represents most people working as lecturers and researchers in universities, is beginning a wave of strikes. The strike is about cuts to pensions. Since there is a large financial hole in the main pension fund…
Fee Strike
The University and College Union (UCU) is going on strike. Following the refusal of the employer’s association (Universities UK – the UUK) to negotiate on their proposed cut to pensions, the UCU balloted members and 88% voted in favour of strike action. Barring a…
Space, Assemblages, and the Hostile Border
Last year, I went to an art exhibition at the Kunstmuseum Bonn by the Swedish duo Lundahl & Seitl. After trailing around the gallery led by text messages from an unknown sender called "the Collector", we were asked to don headphones and sightless goggles before we…
The New Thesis Eleven
Domination rests to such a degree on the society/nature duality that no liberation struggle will ever succeed unless that duality is overcome. In 1845, shortly after he published the Economic and Philosophical Manuscripts of 1844, Karl Marx wrote his Theses on…
Safe Spaces for Colonial Apologists
The recent controversies about Oxford Professor Nigel Biggar’s “Ethics and Empire” project and UK Universities Minister Jo Johnson’s attack on “safe space culture” have both been defended on freedom of speech grounds. However, they are better understood as…
Evgeny Pashukanis: Commodity-Form Theory of Law
Key Concept Whether one believes that law is provided by God (Natural Law), is created by human intellect (Positivism), a gendered institution perpetuating patriarchy (Feminism) or the maintainer of the status quo against marginalised groups (Critical Legal Studies)…
Trials Begin in Turkey for Academics for Peace
International solidarity is crucial at this time when our colleagues are facing criminal trials. On December 5, 2017, the trials began for those who signed the Academics for Peace petition in January 2016. Conducted by High Criminal Courts in Istanbul, these trials…
Martti Koskenniemi: Indeterminacy
Key Concept In From Apology to Utopia (1989), the Finnish jurist and former diplomat Martti Koskenniemi presents his thesis on international law's fundamental indeterminacy. This would come to epitomize a critical moment in international law. Rather than repeat the…
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…
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…
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…
The Politics of Recognition and the Limits of Emancipation through Law
There is much to celebrate about the BVerfG gender recognition decision. The court held the sole availability of M/F gender markers, combined with the obligation to register a gender, to be unconstitutional as it violates the right to ‘positive recognition’ of the…
Statement by Legal Scholars and International Lawyers Against Holding ESIL Forum at the Hebrew University in East Jerusalem
To add your name, please email: palpetition17@gmail.com. The statement is open to all law academics and international lawyers. You do not have to be a member of ESIL or based in Europe to sign. The European Society of International Law (ESIL) is holding its Research…
KEY CONCEPTS
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