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” 

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…

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ARTICLES

On Corbyn, Antisemitism and Things Jewish

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…

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UCU Strike Action – Open Letter

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…

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Crises of Constitutionality

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…

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Giorgio Agamben: Oath

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…

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Fee Strike

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…

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Space, Assemblages, and the Hostile Border

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…

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The New Thesis Eleven

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…

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Safe Spaces for Colonial Apologists

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…

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Martti Koskenniemi: Indeterminacy

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…

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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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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…