CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Teaching as a revolutionary activity

Teaching as a revolutionary activity

Neoliberal universities as a place where radical thoughts come to wither away. We are living in bad times (admittedly, I struggle to remember the good times, but the current bad times do seem quite bad). And in bad times there is an impulse amongst decent people to try and find meaningful ways of resisting the badness around us; a tendency to find hope in unsuspecting places, and to locate sites of political possibilities in formerly untapped corners of our lives. For academics (#NotAllAcademics) teaching is one such unsuspecting place, and a potential untapped corner: what if, we ask ourselves in desperation and exhaustion, teaching can be radical; what if it is a way to move the needle. Now, I love teaching as much as the next person (meaning, sometimes I enjoy it, and sometimes I find it exhausting and mind-numbingly repetitive), and over the last few years I have had the pleasure and a privilege of meeting some truly brilliant (politically, as much as intellectually) students…

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ARTICLES

Civilisation & the Savage Crowd

Civilisation & the Savage Crowd

Any­one famil­iar with ‘crowd the­ory’ will have been told repeat­edly that Gus­tave Le Bon is an ori­gin. This asser­tion is quickly masked by obfus­ca­tion. He is not a first, of course, pre­ceded by the his­to­rian Taine and the early crim­i­nol­o­gists Lom­broso…

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The Open Crowd & The Kettle

The Open Crowd & The Kettle

Elias Canetti’s Crowds and Power pro­vides a use­ful start­ing point for this project. In it, he iden­ti­fies a wide num­ber of dif­fer­ent crowds. They are deter­mined by the tem­po­ral­ity of their aims, the space in which they man­i­fest them­selves, the…

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About ‘Crowded Sovereignty’

About ‘Crowded Sovereignty’

The crowd is not a technology or a subject of sovereignty. It is neither the ‘agent’ who could take, create or destroy sovereignty; nor a ‘means’ for others to become sovereign. The crowd is remarkable because of its prevalence and excision. It is often there in…

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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…

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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…

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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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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…