CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

The Gaza Tribunal: A Simulacrum of Justice

The Gaza Tribunal: A Simulacrum of Justice

The contemporary discourse on genocide is dominated by international criminal law, designed to punish individuals after the fact. Yet the framework derived from Public International Law and the Genocide Convention’s founding purpose was not punishment but prevention. What remains today is an inversion of that project: law intervenes only when prevention has failed, when the catastrophe has already unfolded. The international community’s legal architecture thus performs justice retrospectively, as though theatrical re-enactment could substitute for interruption. Nowhere is this more evident than in the International Court of Justice’s hearings on Gaza, where the legal spectacle unfolds long after the fact, promising order while staging absence. What we encounter here is less a system of justice than an image of it—what Jean Baudrillard called the simulacrum: the copy that no longer has a connection to its original. International law, in its modern formation, operates through...

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ARTICLES

Blockupy plan to disrupt ECB opening

Blockupy plan to disrupt ECB opening

The opening of the new European Central Bank headquarters should not take place without protests across the board in 2014. The Blockupy Alliance has called for disruption of the opening, planned for sometime in December 2014, with a foretaste coming with a week of...

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A Leaderless Resistance: Balochistan

A Leaderless Resistance: Balochistan

In April 2010, Baloch guerilla commander Dr Allah Nazar gave a ceremonious reception to Jagoo at a Balochistan Liberation Front’s (BLF) camp in Balochistan’s Awaran district. Those BLF fighters, who hadn’t seen Jagoo before, gossiped in hushed tones about his...

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Critical Finance Law

Critical Finance Law

Finance and teleology Critical finance law is the study of one of the most significant teloi of the modern era: the settlement of debt. Why is the settlement of debt a telos? Well it is perhaps no surprise that just as the Scholastic concept of the causa finalis, or...

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Robert Webb is a Prick

Robert Webb is a Prick

Last week when I was writing about Russell Brand’s article in the New Statesman, I didn’t want to subject it to too close a reading because there are some things that are written with intentional precision and deserve to be read with precision, and there are other...

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Against Rebels

Against Rebels

Rebels are not just boring, they are dangerous. We’ve had decades of rebel-worship now and if I see Che Guevara on one more t-shirt I’m going to start shooting the hostages. Che Guevara was a dick. I know this because I have the Bolivian Diary in my toilet and every...

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The Alien Body in Contemporary Netherlands: Incarceration and Force-feeding of Asylum Seekers

The Alien Body in Contemporary Netherlands: Incarceration and Force-feeding of Asylum Seekers

On 22 May 2013, the Dutch State Sec­ret­ary of Secur­ity and Justice and Min­is­ter for Migra­tion offered the House of Rep­res­ent­at­ives a memor­andum issued by the Coun­cil of State con­cern­ing ‘the options to admin­is­ter food and drink to an alien in deten­tion who is on hun­ger and/​or thirst strike, against his will.’ This essay sets out to unpack the main premises of these recom­mend­a­tions in the frame­work of biopol­it­ics, its colo­nial her­it­age and con­tem­por­ary deploy­ment in the Neth­er­lands. Whilst under­stood in a his­tor­ical con­tinuum, this little doc­u­ment gains rel­ev­ance as it rep­res­ents a sig­ni­fic­ant step over the threshold of the human …

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The Dreadful Dr Freud

The Dreadful Dr Freud

Macedonian writer and Gender Studies devotee, Goce Smilevski, draws in his latest novel on an alleged episode from the life of Sigmund Freud to show that the founder of psychoanalysis was a misogynistic pervert, fascinated by Nazism, and obsessed with money and...

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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...