CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Beyond The Godfather: Italy, the Mafia, the People and the State

Beyond The Godfather: Italy, the Mafia, the People and the State

The Godfather, The Sopranos, The Irishman, Scarface, Goodfellas, Casino, Donnie Brasco, Gomorrah, A Tale, Once Upon a Time in America, and, closer to home, Legend, taught many of us how to imagine organised crime before we ever read a court judgment. They have given us dark restaurants, family dinners, long funerals, whispered betrayals, patriarchs in expensive suits, disturbing scenes of violence, some funny moments and a world where power moves through blood, loyalty, revenge, fear and money. This is the mafia: cinematic, brutal, seductive and frightening. We think we know its rules, its families, its codes, its hand gestures and its silences. We also think we know something else: that the mafia is Italian. Just as Dante, Leonardo da Vinci, Michelangelo, Raphael, Galileo, Machiavelli, Caravaggio, Vivaldi, Christopher Columbus, Marco Polo, Amerigo Vespucci are all “Italians”. Yet many of these figures were not. They were born, and lived, before Italy existed. They belonged to…

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ARTICLES

Greenland and the Spectre of Dispossession

Greenland and the Spectre of Dispossession

When it came to grabbing territory, the British had effective techniques by the 1960s. Morning-tea at Downing Street could accomplish what a U.S President’s incontinent media posts have been threatening to do with much froth and fury since 2019. The creation of the…

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Militant Democracy as Neurosis

Militant Democracy as Neurosis

Walter Benjamin invites us to think language in a radically different way: not as a neutral medium of communication, but as something living, something creative. For him, language is not exclusively human: everything that exists speaks. It may do so through gesture…

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Gaza, Venezuela and International Law

Gaza, Venezuela and International Law

1. After the genocide in Gaza, we did not expect 2026 to be a year of peace. The biggest desire of Trump, "the great peacemaker," was to win the Nobel Peace Prize. But his first statements after the attack on Venezuela and Maduro's abduction show that the peacemaker…

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Why Human Rights fail Global Southern Women

Why Human Rights fail Global Southern Women

Following a tumultuous start to her role as first lady of the United States of America, wherein she was accused of destroying ‘family values’ and promoting ‘militant feminism’, Hillary Clinton delivered a much-lauded speech condemning Chinese abuses of human rights…

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Rap vs. The State (in a time of genocide)  

Rap vs. The State (in a time of genocide)  

We know the genocide in Gaza is a collective work, a sort of F35 genocide whose parts come from an imperial collective, a collective of old colonial states now led by the USA. So the denial of genocide, at least of its naming, is also shared by these states across…

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The Gaza Tribunal: A Simulacrum of Justice

The Gaza Tribunal: A Simulacrum of Justice

The contemporary discourse on genocide is dominated by international criminal law, designed to punish individuals after the fact. Yet the framework derived from Public International Law and the Genocide Convention’s founding purpose was not punishment but prevention.…

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Blog Carnival: Sounding Justice

Blog Carnival: Sounding Justice

The sound of the spoken word rising, pausing, the rhythms of the lines, of the stanzas, of the silences, the poem verbalised. The images etched on the walls in black and white, comics, graphic novels, stretching across wall after wall, winding around the room. The…

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CONOR GEARTY

CONOR GEARTY

With greatness sadness we heard of the untimely and sudden death of Conor Gearty at the age of 67. Conor was the professor of human rights law at the LSE. He was born in Ireland and this led to his lifelong interest in terrorism, state crimes, violations of human…

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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?

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#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…