CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

The Vertigo of Self-Grounding (Symposium)

The Vertigo of Self-Grounding (Symposium)

There is an image by M.C. Escher in which a staircase rises in perfect geometrical order, each step aligned, each angle exact — yet the ascent loops back upon itself. The movement is continuous, coherent, even rigorous; what unsettles is not disorder but correspondence. One climbs, and finds oneself where one began. In The Wrong of Law, Valerie Kerruish identifies a comparable motif at the heart of modern rationality. Across Hegel’s identity of method and content, Marx’s definition of value as a self-reproducing abstraction, Frege’s reduction of arithmetic to logic, and Gödel’s incompleteness proofs, she traces a single architectonic problem: the attempt of a system to ground itself from within. The trajectory of The Wrong of Law is organised around what Kerruish calls “thought surprising itself”: the moment in which a system that seeks to secure its own foundation discovers that its ground cannot be established without remainder. In her reading of Hegel’s Science of Logic, this…

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ARTICLES

The Atmosphere of Revolution?

The Atmosphere of Revolution?

I want to follow up on a post from last year about the general strike, using the idea of silence as that which binds it together in its negativity (or catastrophe as Sorel would say). As I reread that piece for a book that I’m trying to write about crowds, I realised…

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Being Social: Ontology, Law, Politics

Being Social: Ontology, Law, Politics

We are pleased to announce that Being Social: Ontology, Law, Politics, edited by Tara Mulqueen and Daniel Matthews, and published by COUNTERPRESS, is now available. Being Social brings together leading and emerging scholars on the question of sociality in…

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Conatus: political being and Spinoza

Conatus: political being and Spinoza

Spinoza’s ‘conatus’ is a signal concept of his thought and one which appears as an axiom of modern treatments, particularly those of a political nature. Famously, the conatus doctrine provides: Each thing insofar as it is in itself, endeavours to persevere in its…

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Live blog: Warwick Summit on Protest

Live blog: Warwick Summit on Protest

We'll be liveblogging the Warwick Summit on Protest today from 16:00 UK time. The Summit was proposed by Warwick Law School's Centre for Human Rights in response to events on campus last term which saw the University summoning the police to a Free Education…

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For fragments, and not debts, we are

For fragments, and not debts, we are

I t may be the case that one could note the peculiar appearance of the thinking minister. A thinking minister is not suddenly a liberated or a good minister, but at least a minister who thinks and does not just administer or govern; thus maintaining for a number of…

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The Greek Debt ‘Confidence Trick’

The Greek Debt ‘Confidence Trick’

As William Shakespeare said in Much Ado About Nothing, “Let every eye negotiate for itself And trust no agent.” As so it seems appropriate to cast our ‘eye’ upon the discourses that have defined the current Greek financial crisis from both the left and the right.…

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To Question Law, Without  Condition

To Question Law, Without Condition

Take your time but be quick about it, because you do not know what awaits you (Jacques Derrida).. The heady days of Occupy Central have passed. The 79 day occupation of the centre of Hong Kong — alongside other sites in Mong Kok and Causeway Bay — dominated life and…

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Syriza: The Greek Spring

Syriza: The Greek Spring

According to an oft-repeated cliché, the recent Syriza victory has historic significance. Its place in history books as the first elected left government in Europe is assured. But its importance goes further. The Syriza victory is an important marker in three…

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A Right to Breathe

A Right to Breathe

The air is taken away from us; “ we cannot breathe ”. This is a commentary which draws inspiration from an evocative piece of writing by Jerome Roos which appeared earlier in Reflections on a Revolution. The title of his text, “From New York to Greece, we revolt ‘cus…

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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…