CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Cadaverous Tranquillity: Proscription, Anticipatory Repression and Coleridge

Cadaverous Tranquillity: Proscription, Anticipatory Repression and Coleridge

In December 1795, William Pitt’s government introduced the Treasonable Practices Bill and the Seditious Meetings Bill—the “Gagging Acts” as their opponents called them. They were designed to suppress the radical democratic societies that had flourished in the wake of the French Revolution. The great crime these organisations were deemed guilty of was to demand parliamentary reform and an end to Britain’s wars. Samuel Taylor Coleridge, then a young radical lecturing in Bristol, responded to Pitt’s “reign of alarm” with a pamphlet titled The Plot Discovered. His analysis of what those Bills represented remains strikingly relevant 230 years later, in the context of sustained assaults on democratic rights in Britain today. Writing about the two Acts, Coleridge warned that with their passage ‘[all] political controversy is at an end’. He went on to note, those ‘sudden breezes and noisy gusts, which purified the atmosphere they disturbed, are hushed to deathlike silence. The...

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ARTICLES

Privacy as Immunity

Privacy as Immunity

"The idea of immunity, which is needed for protecting our life, if carried past a certain threshold, winds up negating life. That is, immunity encages life such that not only is our freedom but also the very meaning of our individual and collective existence lost:...

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Dear Jeremy Corbyn

Dear Jeremy Corbyn

I’m writing to tell you how delighted I am that you have won the Labour leadership – and so decisively too. It may come as a surprise to you to know that I and many many of my friends here in Ireland have been watching this contest with a mixture of hope and...

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A Tangled Web: The Vested Interests of the EU Right

A Tangled Web: The Vested Interests of the EU Right

UPDATED WITH ADDITIONS 14/7 at 10:30am BST To understand the Greek crisis and the stream of ever worsening deals between the EU and Greece, it is essential to understand just how involved the EU main players have been in the creation of this situation over the past...

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One no, many yeses! The Greek Referendum

One no, many yeses! The Greek Referendum

A victory for OXI would not just help restore a sense of dignity to Greece; it would strengthen the ground for anti-austerity struggles across Europe. Today, Greece has an opportunity to make history. The brave decision by Prime Minister Tsipras to call a referendum...

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The Greeks Deserve Better from Europe

The Greeks Deserve Better from Europe

Greek Prime Minister Alex Tspiras announced a July 5th Referendum on whether Greece should accept the Troika’s final demand that Greece accept additional austerity measures in exchange for further loans. Countering the ‘shock and awe’ tactics of the Troika, the Greek...

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‘The Republic of Love’

‘The Republic of Love’

Almost a month has passed since the verdict of ‘Yes For Love’ was returned in the same-sex marriage referendum in Ireland. For the people who drove the campaign; for those who canvassed during the hard emotional slog of its last month in particular; for all those who...

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Big Oil’s Ethical Violence

Big Oil’s Ethical Violence

International attention has once again turned to the murky record of BP’s oil operations in Colombia. The High Court in London is to hear a case against BP, filed on behalf of Gilberto Torres, a former trade unionist who was kidnapped and tortured by state-linked...

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Gay Rights in Russia 

Gay Rights in Russia 

  Homosexuality is not a criminal offence in Russia — since 1993. In 1999 it ceased to be regarded as a mental illness. Indeed, Russian history has many famous homosexuals — the poet Alexei Apukhtin; Sergei Diaghilev, the founder of the Ballets Russes; and of...

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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...