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

Key Concept: Law’s Violence
The conventional story runs like this: violence is what happens where law ends. Law is the alternative to the feud, the pacifier of the state of nature, and the substitution of process for force. On this account, violence and law occupy opposite ends of a single scale, and the task of legal ordering is to push the needle away from blood. “Law’s violence” names the critical tradition that refuses this story. Its organising question is: what becomes visible when we cease treating violence as law’s opposite and instead examine the forms of violence through which law is founded, preserved and lived? The possessive in the phrase carries the whole argument. It refers at once to violence committed by law, violence authorised through law, violence organised by legal categories, and violence that law declines to recognise as its own. Even the conventional story concedes the ground, if read carefully: Max Weber’s canonical definition of the state, in Politics as a Vocation (1919), as the…
ARTICLES
Al Khan al Ahmar, international law and the paradox of hope
Imagine living day after day unsure of when your home will be demolished. That will most likely mean having to quickly move elsewhere out of necessity, not out of choice. Will you be able to salvage some of your belongings, comfort your traumatised children as a…
‘We did this’: Collective Guilt & the Tuam Mass Grave
“We all partied”: Fianna Fáil Finance Minister Brian Lenihan’s infamous phrase, in the early years of the financial crisis, encapsulated the drive, on the part of Ireland’s political and media establishment, to broaden collective responsibility for social and…
Europe must go back to the school of the world. As a student
In order to learn, Europe must be willing to un-learn many of its self-conceptions and many of its conceptions about the non-European world that brought it to its present place. E urope and the Global North as a whole are being assailed by a feeling of historical and…
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…
#Strike4Repeal: Ireland’s Women’s Strike
This International Women’s Day sees women worldwide engaged in strike action. Irish women strike for repeal of the 8th Amendment: the constitutional provision which prohibits abortion except where the pregnant woman’s life is at risk, and the only means of avoiding…
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.…
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…
The problem with the past is that it doesn’t pass: On the 100th anniversary of the Russian Revolution
T his year marks the 100th anniversary of the Russian Revolution (RR) and also the 150th anniversary of the publication of the first volume of Karl Marx’ Das Kapital. Combining the two historic dates may seem strange because Marx never wrote in detail about the…
Torture Works? Beccaria’s Forgotten Lesson
P ower structures and governments will resort to euphemistic labelling in order to sanitize morally reprehensible or illegal behaviour — this is neither new nor surprising. A textbook example is the G. W. Bush Jr. Administration who tried to immunize inter alia…
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…
Open Letter to the Prime Minister from the UK Legal Academic Community
As the new US administration moves to enact a series of ever-more discriminatory policies, and as the material consequences of those policies begin to be felt around the world, those of us based in the UK face an additional blow as they watch their government throw…
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…
Interview with Walter Mignolo: Activism, Trajectory, and Key Concepts
Alvina Hoffmann Interviews Walter Mignolo. This interview first appeared in E-International Relations. Where do you see the most exciting debates happening in the field of cultural theory? In general, the most interesting are the varieties of creative thinking and…
Spatial Justice and Diaspora: Foreword by Parvathi Raman
Spatial Justice and Diaspora, edited by Emma Patchett and Sarah Keenan, has just been published by Counterpress. We are pleased to republish the following foreword by Parvathi Raman, Chair of the Centre for Migration and Diaspora Studies, SOAS. W hen Emma Patchett…
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…
Mourning from Aleppo to Cairo: An Insight into Gillian Rose’s Third City
Be ahead of all departure, as if it were already behind you, like the winter which is almost over. For among winters there is one so endlessly winter, that, wintering through it, may your heart survive.. I n times when mourning is not allowed Rose’s insights echo the…
We are the enemy: on scholarly resistance to the conservative crush
Like many of my friends in academia, when Trump was elected I went online, just as I had done after Brexit, and Turnbull, and Abbott, and every other major election and political ‘event’ in the last decade or so. Facebook—the Facebook I inhabit—was on auto-pilot.…
The End of the City and the Last Man: Urban Animals and the Law
If we begin to think about law and the absence of urban animals, or of law and the urban and the absence of animals, or even of the law and its production of lawful animals, we are overwhelmed by the evidence of what John Berger calls ‘the loneliness of man as a…
Of Critique and Straw Men: A Response to El-Enany & Keenan
“We must practice revolutionary democracy in every aspect of our [movement]... Hide nothing from the masses of our people. Tell no lies. Expose lies whenever they are told. Mask no difficulties, mistakes, failures. Claim no easy victories”. - Amilcar Cabral.…
Beware the Ivory Dwellings of the Left: Political Purity in the Face of Fascism
For some time we have been witnessing the rise of racist nationalism and fascism in many parts of the world. In Europe and North America, significant elements of both the Brexit and Trump campaigns propagated explicitly racist ideals, albeit to varying degrees.…
The (in)stability of change: The Italian constitutional referendum
[a YES is enough], is the slogan coined by the campaign for the approval of the Italian constitutional reform to be either confirmed or rejected on December 4 th, in the nth referendum of these troubled European years. If the reform is rejected, according to the YES…
KEY CONCEPTS
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