CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Surprising Law (Symposium)

Surprising Law (Symposium)

In one of the moving tributes to Valerie Kerruish posted on Critical Legal Thinking shortly after her passing away, Emilios Christidoulidis wrote that “(h)er magnum opus The Wrong of Law, which she spent the last two decades of her life writing, remains devastatingly unfinished.” Its publication, with so much love and care besorgt by Uwe Petersen, will not change this, except perhaps for the devastation wrought by this unique maze of philosophies, logics, laws, cultures and case studies. Yes, the book is devastating, because no one, not even Valerie herself, would be able to wrap it up or map it out, let alone review it. Yet, precisely this trekking through a landscape without a preset destination, with just that one question ‘where to stay the philosophical night?’ – turns the text into an invitation to join Kerruish’s trails for a while. It transforms its infinite deferral of closure into an energising rather than a devastating force. So let me accept this generous invitation by…

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ARTICLES

Cynicism

Cynicism

Key Concept Philosophy can only hypocritically live out what it says, it takes cheek to say what is lived. (Critique of Cynical Reason). C ynicism is not the same as cynicism. Cynicism with a capital 'C' refers to the truth-affirming provocations of the Ancient…

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Dysfunctionalism – the financial order

Dysfunctionalism – the financial order

So there I am sat in a room with central bankers, ex-central bankers, central bank lawyers, people from the IMF, Canadian Development Bank, Federal Reserves of a couple fo US states, and assorted financial academics, and I am clawing at my ears to make it all stop.…

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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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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…