CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Learning to be Surprised (Symposium)

Learning to be Surprised (Symposium)

Val was a proper old-school scholar, interested in ideas for their own sake and driven to understand and respond to the injustices of the world. As a serious intellectual she was not interested in academic trends or popularity, but in working through a set of questions and problems – often with cigarette in hand. As an Australian who came to live in Hamburg, Germany, her thought constantly returned to the historical and ongoing process of Australian colonisation and to law’s complicity in colonial violence and genocide. The Wrong of Law builds upon Val’s long intellectual collaboration with her partner, Uwe Petersen, and his Hegelian approach to mathematical logic. Val’s work thus draws connections between mathematical logic, philosophy, social theory and law, and in this respect the text is often as challenging as it is unconventional. In the following reflections I try to draw out a number of key ideas from The Wrong of Law. It is only a partial account, and speaks as much to the…

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ARTICLES

Wanted: Sovereignty — Dead or Alive

Wanted: Sovereignty — Dead or Alive

I n 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…

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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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Agamben: The Messianic Kingdom

Agamben: The Messianic Kingdom

Key Concept In “The Messiah and the Sovereign: The Problem of Law in Walter Benjamin,” Agamben explicitly addresses the difference between the state of exception in which we are living where the law is in force, but does not signify anything, and the real state of…

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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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Fanon — Revolution

Fanon — Revolution

The naked truth of decolonisation evokes for us the searing bullets and bloodstained knives which emanate from it. For if the last shall be first, this will only come to pass after a murderous and decisive struggle between the two protagonists. That affirmed…

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Fanon on Violence and the Person

Fanon on Violence and the Person

Decolonization is the veritable creation of new men. But this creation owes nothing of its legitimacy to any supernatural power; the “thing” which has been colonized becomes man during the same process by which it frees itself (Fanon 1963: 36-37). Frantz Fanon’s…

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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…