CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Greenland between a Rock and a Hard Place

Greenland between a Rock and a Hard Place

Amid US President Trump’s looming take-over of Greenland and attempted coercion of Western allies to agree to this, Western liberal international lawyers and commentators are busy reaffirming Danish sovereignty over the territory. However, an anti-colonial international law intervention during this time of inter-imperial rivalry is not to stand with Denmark, but to stand on the side of the right to Greenlandic self-determination. Recent Developments on Greenland and International Law Following US President Trump’s tariff threats to European states who do not support his acquiring of Greenland, a seemingly bold joint statement was made by European allies that they stand ‘in full solidarity with the Kingdom of Denmark and the people of Greenland’. Danes have taken to the streets, marching through Copenhagen with ‘Hands Off Greenland!’ placards. International Law professor Marc Weller recently indignantly stated on the question of who owns Greenland?: ‘The Danish...

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ARTICLES

Wanted: Sovereignty — Dead or Alive

Wanted: Sovereignty — Dead or Alive

In the first flurry of publicity around the present referendum on the UK’s EU membership, the expected statement regarding the securing of UK sovereignty has not, perhaps surprisingly, been forthcoming. Instead we have been treated to rebuttals of Gove on the role of...

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Walter Benjamin in Palestine

Walter Benjamin in Palestine

"The law which is studied but no longer practiced is the gate to justice. The gate to justice is study." — Walter Benjamin, “Franz Kafka.”[1. Walter Benjamin, “Franz Kafka: On the Tenth Anniversary of his Death”, trans. Harry Zohn in Howard Eiland and Michael W....

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Legality and the Production of Difference

Legality and the Production of Difference

Legal theoretical approaches oriented around discerning a constitutive difference between law and morality are misguided in that they misrepresent epistemological claims for ontological certainty. While some, such as Kelsen, have been admirably straightforward about...

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On parents going to school in pyjamas

On parents going to school in pyjamas

Sometimes, working late at the university, when it’s dark or raining I call my partner (who works there also) to drive and pick me up. She jumps in the car, in her “loungewear”, and is at the university within five minutes. I was reflecting on our own comfort levels,...

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Shut it Down #YarlsWood

Shut it Down #YarlsWood

Reading the migrant detention centre within a global economy of violence through new formations of resistance and solidarity. Yarl's Wood IRC. https://www.youtube.com/watch?v=Yz1t3DFLplo On a wet windy November day in Bedfordshire, outside the notorious Yarl's Wood...

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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

Following the death of Peter Fitzpatrick this month, we are reposting this series on The Mythology of Modern Law (first published on CLT on 3 August 2018) to mark the 25th anniversary of the book.2017 marked the 25th anniversary of Peter Fitzpatrick’s The Mythology of...

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...

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...

Law is a Fugue

BWV 895 Law is, metaphorically speaking, a fugue.Desmond Manderson has previously deployed the fugue metaphor to describe the mode with which he would present the aesthetic dimensions of law and justice. Here I am intensifying the metaphor in direct relation to...

Jacques Derrida: Deconstruction

Key Concept Img: Annie Vought | annievought.com 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...

Cupcake Fascism: Gentrification, Infantilisation and Cake

The Cupcake as Object 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...

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...

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

01. INTRODUCTION: On the Conjuncture 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...

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...

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...

Punk, Law, Resistance … “I have set my affair on nothing”

1. I, Punk 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...

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...

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...