CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

One’s own morality as the highest court: A variation on Hegel’s concept of international law 

One’s own morality as the highest court: A variation on Hegel’s concept of international law 

Whether international law constitutes an independent legal domain endowed with sanctioning power with regard to its subjects is a question that has resurfaced in nearly every crisis that has emerged within the post Cold War new world order, and one that has most often been answered in the negative. Unsurprisingly, in a significant portion of such triggering events, the politically decisive yet legally immune subject has been the United States of America. The newly shaped aggressiveness in the field of international relations that began with Donald Trump’s second term, along with the singular acts resulting from this aggressiveness, has once again rendered this longstanding issue debatable in the eyes of legal scholars. The abduction of the Venezuelan president from his own country in a manner resembling a domestic criminal investigation, followed by the declaration that Venezuela would be “ruled”[1] by the United States; the assertion that Greenland constitutes a strategic...

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ARTICLES

Wealth inequality denial

Wealth inequality denial

In the week a report established that 97.1% of scientists publishing on the subject have concluded that man-made climate change exists, it seems the right have re-opened an old front in their war on reality. In Saturday’s Financial Times the normally sober paper...

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A Brief Reflection on the Hard Left

A Brief Reflection on the Hard Left

Why use the term ‘hard-left’ to describe candidates to the left of the Labour Party? What is ‘hard’ about these candidates, by contrast with political parties who oversee draconian cutbacks to expenditure in health and education and social services, or parties who set...

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A Walk in Yarl’s Wood

A Walk in Yarl’s Wood

On a fine winter’s day, the first fine day after weeks of storms and rain, I went for a walk in the country. I found myself in a typical English rural landscape, driving down hedge-lined lanes that grew progressively narrower. A couple of dead badgers lay whitening on...

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Dense Struggle (IV): The Ghostly Real

Dense Struggle (IV): The Ghostly Real

As I mentioned in the last post, one of the most perplexing circumstances that surrounded the appearance of the ghost in the refuge was that it occurred at the precise moment at which the group of IDPs formally entered into the realm of the official. It could have...

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Dense Struggle (III): The Modern Uncanny

Dense Struggle (III): The Modern Uncanny

In the last two posts I have argued that the longue durée of capitalist modernity has implied an expansion of a material and social global ordering, and that this process is far from being free of emotional forces, even of an uncanny dimension. In my account, this...

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Dense Struggle (II): Oh yes, that, our world

Dense Struggle (II): Oh yes, that, our world

In the preamble of the Communist Manifesto (1848), Marx and Engels made the famous dictum: A spectre is haunting Europe — the spectre of communism. All the powers of old Europe have entered into a holy alliance to exorcise this spectre: Pope and Tsar, Metternich and...

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Notes for a Non-Statocentric Politics

Notes for a Non-Statocentric Politics

The statocentric gaze proposes to think of social change as a conflict between the political class (“chancers, crooks, liars”) and a “we” that is essentially healthy (“the real people”, “decent folk”, “the multitudes”). It would be sufficient for “the good guys” to reach power (through their representatives) to change the state of things. But neoliberalism is in fact a co-production. With different levels, but we all produce it among ourselves (by entering into competition with our neighbour, by speculating, etc.). It is not enough to be against “the bad guys” as if there were about the place somewhere a “good us” that already existed. A new reality has to be created (and we have to change with it).

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Six Theses on Anxiety & the Prevention of Militancy

Six Theses on Anxiety & the Prevention of Militancy

Today’s public secret is that everyone is anxious. Anxiety has spread from its previous localised locations (such as sexuality) to the whole of the social field. All forms of intensity, self-expression, emotional connection, immediacy, and enjoyment are now laced with anxiety. It has become the linchpin of subordination. One major part of the social underpinning of anxiety is the multi-faceted omnipresent web of surveillance. The NSA, CCTV, performance management reviews, the Job Centre, the privileges system in the prisons, the constant examination and classification of the youngest schoolchildren. But this obvious web is only the outer carapace. We need to think about the ways in which a neoliberal idea of success inculcates these surveillance mechanisms inside the subjectivities and life-stories of most of the population.

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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...