CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Antinomies of Government by Chaos: Trump and the Pilgrims of Nothingness

Antinomies of Government by Chaos: Trump and the Pilgrims of Nothingness

In Greek mythology, Chaos is that primordial state which precedes the appearance of the Gods. A gaping void, a primordial non-time prior to the blossoming of light, which is necessary for the appearance of life. To evoke the origin of the gods, one must refer to Chaos (as Hesiod's Theogony does, 8th century BC). Chaos precedes Gaia (the Earth) and the principal elements, the Sky, Darkness, Night, Day, Light… It is formless, inert mass, perhaps an abyss. In Carl Schmitt’s political theology, the modern government of the living profanely transposes this origin story. The Hobbesian state of nature is the Greek Chaos; the Sovereign is the heir to the gods who prevents a relapse into civil war. Government (rather than reign) consists first and foremost in the production of an order that is always singular in form, but whose premise is the revocation of chaos. In modern societies, Foucault’s disciplines and rationalities order forms of life. Chaos remains that which perpetually threatens…

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ARTICLES

Deleuze and the Accelerationsists

Deleuze and the Accelerationsists

We are expected, in the name of Deleuzoguattarian anti-fascism, to embrace capitalism as nihilist machine that has no ‘purpose’, because ‘purpose’=fascism, while forgetting that neoliberalism appeared in Germany as the form of governmentality that would immunize us…

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The Hunger Strike of Nikos Romanos

The Hunger Strike of Nikos Romanos

We are currently witnessing one of the most beautiful and tragic moments of resistance in human history. Please join with us and sign the solidarity statement (link below) alongside educators, artists, philosophers and activists. We have now arrived at the 25th day…

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The Podemos Wave

The Podemos Wave

The countries of Southern Europe are extremely diverse, both socially and politically. But they are taking the brunt of the impact caused by the same misguided policy imposed by Central and Northern Europe via the European Union (EU), with varying but converging…

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The Further Criminalisation of Student Protest

The Further Criminalisation of Student Protest

The Chancellor’s Autumn Statement has served as a reminder of the wider politics of austerity and its beneficiaries in the form of tax cuts and those at its detriment experiencing wage freezes and cuts in services and benefits. It was also a reminder of how the…

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The TTIP: Back to the future?

The TTIP: Back to the future?

In 1954 the ordo-liberal economist W. Roepke was invited in the Hague to deliver a paper on the relation between (neoliberal) economics and international law. In this instructive speech entitled ‘Economic Order and International Law’ Roepke observed that the 19th…

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KEY CONCEPTS

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SERIES / SYMPOSIA

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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…