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

The Case of the Filton 4: Labelled Terrorists Without the Charge
Several weeks ago, UK courts dealt a blow to the legal system in two cases. Both involve the group “Palestine Action”, whose aim is to end global complicity in the genocide in Gaza. The first case involves its proscription as a terrorist organization (on the same degree as groups like ISIS and Al Qaeda), initially ruled unlawful by the High Court but reversed on government appeal. The second case, which I will be closely examining in this article, involves criminal damage committed by four members of Palestine Action, who damaged property in an Israeli weapons manufacturing company, Elbit Systems. Despite being on trial for criminal damage, the prosecution raised the option of sentencing the “Filton 4,” as called in the media, through section 69 of the Sentencing Code, which allows for these members to be sentenced as having a “terrorist connection” despite never being charged with that crime, or any form of terrorism. Amongst wide public backlash and human rights organizations…
ARTICLES
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…
The Workerant
I n the unfolding drama of work in the digital age, new circumstance demands new language. Gig economy, on-demand work, sharing economy, precarious work, automation, zero-hour contracts, outsourcing, workfare. Whilst the entire stage set changes, the central…
Poverty, Indigeneity and the Socio-Legal Adjudication of Self-Sufficiency
A man who has a language consequently possesses the world expressed and implied by that language.” — Frantz Fanon, Black Skin, White Masks I n 2013, Darlene Necan, a homeless First Nations woman from northern Ontario, Canada, began the construction of a modest…
What does ‘the crowd’ Want? Populism and the Origin of Democracy
The liberal critique of the recent rise of populism reveals an uneasiness toward ‘unruly’ emotional crowds and their leaders’ anti-democratic postures – albeit these figures have captured political power through democratic means. [i] Trump, Le Pen, Modi, and Erdogan…
Macron & Africa’s ‘civilisational’ problem
Mr Macron has been nostalgic lately. First, he was nostalgic for the 18 th century and hereditary rule asserting that the French people did not want to execute the king and that the revolution has left a (king-shaped) void at the heart of the Republic that only other…
Protecting Public Space: The Gypsy and Traveller Community
The Gypsy and Traveller community is obliged to have respect for a system which both marginalises and excludes them. O n 5 July 2017, a community of Travellers pulled up to Preston Park in Brighton. The council and the police soon descended on them to inform them…
KEY CONCEPTS
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