CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Microtonal Jurisprudence

Microtonal Jurisprudence

This is not a music review. It’s a proposal for a jurisprudential methodology that takes its organising metaphor from music theory but its critical object from law's refusal to register what its own categories cannot hold. In 2017, the Australian psyche-rock band King Gizzard & the Lizard Wizard released Flying Microtonal Banana. To make it, the band had a friend modify a guitar to play in 24-TET tuning, in the style of a bağlama, dividing the octave into twenty-four equal intervals rather than the standard twelve, and then gave every band member four hundred Australian dollars to do the same to their own instruments. The result was an album that, by the band's own account, gave them something new, “fresh and exciting”. The band’s frontman, Stu Mackenzie, described the music as, “between other notes, and it just sounds different, and it’s blowing my mind.” The challenge was not simply technical, it was epistemological: how do you make audible a set of intervals that the dominant…

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ARTICLES

Iran and the ‘state of exception’

Iran and the ‘state of exception’

It seems that we have entered a period of endless war. The undeclared American war "Epic Fury" (the name of the attack on Iran) and Israel's new murderous campaign has replaced the "cosmopolitan order of rules" heralded by those who saw the "end of history" after the…

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Emilios Christodoulides 1963–2026

Emilios Christodoulides 1963–2026

It is with the greatest sadness that wish to inform you that our comrade, colleague, friend and amazing intellectual, Emilios Christodoulides, passed away yesterday. After a long illness that tormented him for the last two years, he passed away peacefully in…

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Normopathy Today: Norms Behaving Badly

Normopathy Today: Norms Behaving Badly

It is clear now, one-year into the second coming of Donald Trump, that the normative international order in place since World War II has been breached. Trump recently pronounced that he doesn’t need to follow international law because all that counts is his “own…

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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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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…