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

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…
ARTICLES
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…
Welcome to the Molysmocene
As environmental law reveals, we now live in a new era: the Molysmocene, a geological era shaped by human waste and its management. T he climate talks of 6–17 November 2017 in Bonn are now over. This 23 rd Convention of the Parties of the United Nations Climate…
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…
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…
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…
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…
Radicalizing Women’s Rights Internationally
The recent "burqa bans" in Austria and Quebec appear to be troubling legal manifestations of the rising tide of Islamaphobia in Europe and North America. The news coverage of the bans coincided for me with a bout of reflexive angst regarding the recent publication of…
Sustaining neoliberal capital through socio-economic rights
In a 2013 contribution aimed at influencing the post-2015 development agenda, seventeen UN Special Rapporteurs recommended that the Sustainable Development Goals (SDGs) should include a goal on the provision of social protection floors. In April 2015 the UN Committee…
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…
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…
On Marx’s Philosophical Methodology in the Grundrisse
There is a considerable debate about the value of Marx’s earlier philosophical works relative to his mature period writing the three volumes of Capital. Some believe that they are of great importance for understanding Marx, while others such as Althusser famously…
Letter to the Editors of the Journal of the History of International Law
[This letter was sent to the editors of the Journal of the History of International Law on 29 August 2017 and published at Opinio Juris. It is republished here with permission.] Dear Editors, We are writing to express our grave concern about the publication of an…
Tenses of Violence: Antifascist Action & Legal Critique in Charlottesville’s Wake
[M]any Trump supporters said they welcomed [Trump’s] visit as an opportunity to express their views.Tim Foley, an Army veteran who leads his own citizens’ border patrol in Arizona, showed his Glock handgun to a reporter, saying he and his comrades had come to Phoenix…
The Jamestown Massacre: Rigour & International Legal History
Over recent years there have been significant advances in scholarship on the history of international law. Critical histories, including feminist, Marxist and most productively Third World perspectives, shed fresh light on the history of the discipline and its…
From the Cybernetic World War towards a Cybernetic Civil War
On an emerging phenomenon in the field of political affairs. Energy is essential for the production and movement of “things”. Using an assemblage of machines the industrial revolution exponentially increased the energy available to human society; however, such…
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…
The Razor’s Edge of Politics: Notes on the Meaning of the Encryption of Power
The original theory of the encryption of power was formulated by Gabriel Méndez-Hincapíe and I in an article published in Spanish in 2012. In the following years, several panels regarding the theory where held at the Critical Legal Conference, in 2014 at the…
KEY CONCEPTS
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