CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Crimmigration and the Ontology of Guilt: On Subjectivity and the Negation of Law

Crimmigration and the Ontology of Guilt: On Subjectivity and the Negation of Law

The contemporary figure of the foreigner is not judged for what they do, but for the fact of who they are. In regimes of crimmigration, guilt no longer follows the act—it precedes it. It attaches to presence, to mobility, to the mere fact of inhabiting without prior authorization. What emerges is not simply a transformation of migration policy, but a deeper reconfiguration of law itself: a shift in which the juridical order produces subjects already outlawed, already exposed to sanction, already constituted as bearers of guilt. Law does not operate as a neutral framework regulating conduct. It constitutes and maintains order through a force indistinguishable from negation. The juridical order is one in which norm and violence are inseparable, just as law is inseparable from power, and where its force persists precisely because it is indistinguishable from negation. Order is not an affirmative arrangement of social relations; it is sustained through the continuous opposition to what…

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ARTICLES

Going Rogue

Going Rogue

Though I do like breaking femurs You can count me with the dreamers Like everybody else, I got a dream… (I’ve got a dream, Tangled). The jig is finally up, politics isn’t running as normal anymore (although ‘the oppressed’ always knew that the ‘state of emergency’…

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The Coming Culture Wars in Trumplandia

The Coming Culture Wars in Trumplandia

War was declared in United States of America last Tuesday. There was no official signing of authorisation, it was announced through the proliferation of images and slogans across 24-hour news-cycles, like our contemporary wars on drugs or terror. Following from those…

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Judith Butler: Performativity

Judith Butler: Performativity

Butler’s notion of ‘performativity’ is most famously associated with her views on gender and is important for critical legal thinkers because performativity is deeply entangled with politics and legality. Her focus on performance has been widely influential because…

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Give back the Gweagal shield

Give back the Gweagal shield

Even if you are a regular visitor at the British Museum, you probably haven’t noticed the Gweagal shield. It hangs on a hoall of the ‘Enlightenment’ room, a long regal chamber lined with glass cabinets and dotted with shiny white busts of colonial explorers. It has…

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Trump, Mair and the Gods that Failed

Trump, Mair and the Gods that Failed

The election of Donald Trump as President of the United States, much like the Brexit vote in the UK earlier this year, has been greeted by mainstream commentators with a mixture of vapid incomprehension and shrill, moralistic denouncement. The emptiness of these…

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First Thoughts on Trump

First Thoughts on Trump

Just woke up in Beirut to US Brexit surprise. Retitling my lecture this afternoon to WTF?? First thoughts: There are at least 4 big things going on--class, race, global context and gender. 1) Class: The neoliberal governing consensus is collapsing and the elites can…

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Remembering Pasolini, Thinking About Calais

Remembering Pasolini, Thinking About Calais

Pasolini’s courage and passion is more relevant today than ever as Europe slips into the hands of a dangerous rhetoric of fear which finds shape in the form of normalisation of zones of exception. Forty-one years ago, on 2 November 1975, Pier Paolo Pasolini, a…

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Africa in the Dock: On ICC Bias

Africa in the Dock: On ICC Bias

The International Criminal Court does not, and cannot, exist outside politics and its activities reflect that. ‘Cheers and chants, tears and embraces, rhythmic stomping and applause’: such was the reaction by diplomats at the close of the Rome Conference in 1998…

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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…