CRITICAL LEGAL THINKING
LAW AND THE POLITICAL
CRITICAL LEGAL THINKING
LAW AND THE POLITICAL

The Foundational Wrong of Law (Symposium)
Stephen Connelly There is an implicit assumption in jurisprudential reasoning that this reason, as form, is without inconsistency. Error is procedural: it results either from misrecognition of the ‘true’ law, from ignorance of the true facts, or from misapplication of the law to the facts. The practical syllogism is itself unassailable; what is wrong in the law is a failure to reason in accordance with its form. If an inconsistency (or antinomy) appears in a particular judg(e)ment as a result of ‘difficult’ facts or intuitively unjust laws, the inconsistency is a defect of the judge, not of practical legal reason itself. The judge is referred back to the law (literally in civilian systems), until the ‘apparent’ inconsistency is ironed out and the facts are made to cohere once more. The wrong of law, Kerruish argues [WL255], is this exclusion ab initio from legal reasoning of the very methods of contradiction which could faithfully express the contingencies of legal categories and…
ARTICLES
Deterrence unto Death: Running fast into a neighbour’s knife
Once gunships have driven them back to their shores, boats need to be confiscated and burned on a huge bonfire.” Katie Hopkins, UK Conservative Pundit (2015) We understand that by withdrawing this rescue cover we will be leaving innocent children, women and men to…
Ferries not Frontex! 10 points to really end the deaths of migrants at sea
On April 20, the Joint Foreign and Home Affairs Council of the EU released a ten-point action plan outlining their response to the recent deaths of migrants in the Mediterranean Sea. Many other proposals have also been made over the last few days. We are activists…
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…
Teaching: Notes on the Thought of Luce Irigaray
One of the major concerns for Irigaray regarding education, and in my view perhaps the most important one, involves the absence of horizontal relations in the classroom. Indeed, Irigaray writes: Education is still based on the characteristics of the male subject, and…
The Germanwings Disaster: A ‘Muslim-Australian’ Perspective
T he intentional downing of the Germanwings aircraft on 24 March 2015 triggered an urgent media inquiry into the identity and motivations of co-pilot Andreas Lubitz. Armed with not much more than a grainy photograph of an unassuming man posing in front of the Golden…
Six Books: International Law, Human Rights and the Politics of the Turn to History
What do we mean by the turn to history in international law? We are speaking about a growing body of scholarship that is engaged in the task of bringing history to international law in a number of ways: telling the history of international law, contextualising…
JHRE Editorial: The Discourse of ‘Biocultural’ Rights
There can be little doubt of the multiple complexities facing law in the twenty-first century. Climate change alone presents a challenge of unprecedented global complexity for legal systems – a complexity arising, moreover, directly from the ‘complexity of the…
Australians overseas are calling for international protests against mandatory detention of asylum seekers
For decades Australia has been the subject of international institutional condemnation that has focused on Australia's policies of mandatory detention and off-shore processing of asylum seekers. In 2002 in the aftermath of Tampa, SIEV X, the spurious ‘children…
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…
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…
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…
Law’s Catastrophe and the Greatness of Syriza
Two narratives compete for the truth of today’s global political stage. On the one hand, there’s the narrative of leftist irresponsibility and incorrectness. On the other, an austere narrative of correctness based on the general notion that there’re certain…
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…
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.…
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…
Why we should worry about the theoretical foundations of human rights law and practice
Ivor Crewe, the former Essex Vice-Chancellor, and a political scientist, used to compare contemporary human rights activists to 19th century Christian missionaries, spreading the gospel to less enlightened peoples. There is more than a grain of truth to this ironical…
Syriza’s new contract between Greece and Europe
On Sunday 8 February 2015, Greek Prime Minister Alexis Tsipras explained the government’s policy commitments. Thanks to AnalyzeGreece and GreekReporter, we are happy to publish excerpts from his statement. The new contract between Greece and Europe which will be…
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…
‘We are not with the State, We are with the Community’
All that we see or seem Is but a dream within a dream. — E. A. Poe. In an interview that Alexis Tsipras gave to the journalist Stavros Theodorakis in June 2012, we hear Tsipras explaining SYRIZA’s manifesto and saying: ‘We are not with the State, We are with the…
SYRIZA Wins: Reflections While the Tide is Turning
There is a war between the ones who say there is a war and the ones who say there isn’t. ∼ Leonard Cohen. It is probably uncontroversial to argue that the Greek elections of the 25th January will be remembered as one of the most important in the history of Greece, of…
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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