CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

New Translation of Pashukanis: The Right of Asylum and the Practice of Bourgeois Governments

New Translation of Pashukanis: The Right of Asylum and the Practice of Bourgeois Governments

Introductory Note by Igor Shoikhedbrod E.B. Pashukanis (1891-1937) is best known for his General Theory of Law and Marxism (1924), where he offered an original account of the genesis of the legal form under generalized conditions of capitalist commodity exchange and explained the reasons for its necessary disappearance under fully developed communism. Until recently, Pashukanis’ reputation as the token Marxist legal theorist has generally eclipsed his influential contributions as a seasoned revolutionary representing the USSR on the international stage. Nowhere is this clearer than in the domain of international criminal law and in Pashukanis’ consistent and vociferous defence of the right of asylum. In the 1929 essay that follows, Pashukanis—writing under the auspicious of the International Red Aid—offers a scathing indictment of the extradition of working class and communist political prisoners by capitalist countries in a global political context marked by the transition from the…

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ARTICLES

A World of “Sound” and “Clash”: An Interview with Taru Dalmia (Part II of III)

A World of “Sound” and “Clash”: An Interview with Taru Dalmia (Part II of III)

Taru, as legal scholars the idea of soundclashing is extremely interesting. We know that speech and rhetoric have been always part of law, and yet it is hard to grasp the actual mechanics of using sound in our projects. How do you process, or how do you render into a material form, this idea of ‘soundclashing’? Specifically, how are technique and technology mixed at this point with politics, histories of violence and entrenched power asymmetries in order to produce something new, or at least something different? Taru [T]: There are different processes at play, depending first on whether we are talking about a recording or performance oriented endeavour and then also, the various musical outlets…

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Brexit is upon us: what is to be done?

Brexit is upon us: what is to be done?

To know where we are going we must know how we got here. A long-established online politics forum currently has a thread under the title ‘Creating Lexit: What is to be done?’ A reasonable enough question, and the ‘creating’ admits we are a long way from a left Brexit…

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Zombie Capitalism and the Grinning Void

Zombie Capitalism and the Grinning Void

Please would you tell me,’ said Alice … ‘why your cat grins like that?’ ‘It’s a Cheshire-Cat,’ said the Duchess, and that’s why. Pig!’ She said the last word with such sudden violence that Alice quite jumped… ‘I didn’t know that Cheshire-Cats always grinned; in fact…

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Swedens of the Mind

Swedens of the Mind

This article was first published by Wildcat Dispatches: Speaking in Florida on Saturday 18 February, Donald Trump pledged to keep the United States safe from refugees, and pointed to catastrophes unfolding elsewhere as the reason: We’ve got to keep out country safe.…

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Police and Protest in the Banlieue

Police and Protest in the Banlieue

On February 2, 2017, in the banlieue municipality of Aulnay-sous-Bois (North-East), 22-year-old Black man Théo L. was raped by a police officer, while three others were holding him. As of today, Théo is still at the hospital suffering of a 3.5-inch-long tear of his…

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The Control Room: War, Exception, Threat

The Control Room: War, Exception, Threat

If the machinery of intelligence-gathering and war is never switched off, then we have truly entered the permanent state of emergency. This 10-minute video essay looks at control rooms in film and television since the 1970s, and identifies an array of technological…

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The American Terrible

The American Terrible

Someone recently asked me: if you don’t think Trump is a fascist, what do you think is going to happen? I answered her as truthfully as I could: I don’t know. The fact is: none of us knows. Not even, I suspect, Trump or Steve Bannon. In the course of several argumens…

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Boycott the National Student Survey

Boycott the National Student Survey

We are facing a truly pivotal moment in higher education. This government is set to usher in the full marketisation of the sector, with a wave of reforms which represent the most drastic shake-up in decades. Under the new proposals, market-oriented metrics will be…

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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…