CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

What we are reading… Costas Douzinas and Luis Eslava

What we are reading… Costas Douzinas and Luis Eslava

The Dalkey Archive by Flan O’Brien (First publication 1964, Fourth Estate, 2007) ‘Suspended Sentences”, a theatrical play that was published as a chapter in Postmodern Jurisprudence by Costas Douzinas and Ronnie Warrington with Shaun McVeigh (Routledge, 1991), was written with the help of “whiskoletterosmotron”. The invention of this amazing contraption, recently extenisively commented on by Peter Goodrich (“The overfetestation of Costas Douzinas” in Alexis Kanagawa and Illan Wall eds, Rights, Critique, Resistance: The Critical Theory of Costas Douzinas (Routledge, 2026, 44), owes a great deal to the eminent physicist, ballistician, philosopher and psychologist De Selby. De Selby was initially presented to the world in a number of learned footnotes in The Third Policeman (Written 1940, Harper Perennial, 2007). He comes fully to life as the protagonist of magical Irishism in The Dalkey Archive. The amazing de Selby develops radical theories challenging the scientific and theological…

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ARTICLES

Hans-Georg Gadamer: Hermeneutics

Hans-Georg Gadamer: Hermeneutics

Hermeneutics concerns itself with the philosophy of interpretation, initially oriented toward the interpretation of texts. Indeed, though its origins lay in Greek antiquity, ‘advances in the formulation of methods of interpretation had to await the Reformation and…

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Focus on the Funk: Review

Focus on the Funk: Review

Between 20–23 May 2016, a community of academics, activists and artists met at Birkbeck School of Law under an invitation to ‘Focus on the Funk.’ [youtube https://www.youtube.com/watch?v=ObOq-o_nDv8] O ver three days, the likes of Gayatri Spivak, Alicia Garza, Nina…

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The Rise of Luxury Communism

The Rise of Luxury Communism

In a post-capitalist world how will we establish a system which provides for the needs of all? The solution to this in a world with mechanized labor is clear: luxury communism T he failing of the American liberal lies not in his or her message, which purports to be…

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Human Rights for Martians

Human Rights for Martians

The human rights movement can be seen as the ongoing but failing struggle to close the gap between the abstract man of the Declarations and the empirical human being. Has it succeeded? Yes and no. 2015 and 2016 have been marked by the heart-breaking images of a…

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zionisms

zionisms

... this is, in part, a plea to the left to stop saying ‘Zionist'. T wo days ago, the news was full of Jeremy Corbyn’s recent decision to suspend Labour MP Naz Shah while her alleged antisemitism is investigated. Two years ago, before she became an MP and during the…

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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…