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

Left and Right Strategies of Legislative Supremacy in Great Britain
Over at the LPE blog, a series of contributions has advanced why legislative supremacy ought to be part of a socialist left strategy. Partly, this is a response to the growing juridification of social and political life that has buttressed the power of the courts and, particularly now, a growing deference of the courts under a nascent executive constitutionalism. Beau J. Baumann (initially spurred by a piece Sabeel Rahman wrote for Dissentand to which Rahman later responds to him and others here) convincingly argues that the American left lacks a constitutional politics — a theory of who should wield state power and on what terms. The American Right, on the other hand, has advanced and implemented a constitutional politics oriented around a radical presidentialist settlement that sidelines Congress and subordinates bureaucratic power to executive will. Baumann's riposte is to dismantle both juristocracy and managerial presidency, in order to pursue progressive goals like industrial…
ARTICLES
Demanding the Future: The Right2Water and Another Ireland
The American abolitionist Frederick Douglass once observed that if you find out ‘just what any people will quietly submit to … you have found out the exact measure of injustice and wrong which will be imposed upon them’ and that such injustices ‘will continue till…
Federation: Notes on the thought of Carl Schmitt
Key Concept One of the most thorough and interesting discussions of the relationship between federalism, constitutionalism and democracy is presented by Carl Schmitt in Constitutional Theory (Duke University Press, 2008). A federation of states, or just a federation…
Whose ideas are they anyway?
The academic world is a strange one. Sometimes, it seems like a place of tremendous sharing, generosity and trust. Other times, one of huge paranoia as competitive individuals scramble to protect ideas and work from the scavenging gaze of others. Attending an…
The Black Atlantic: Notes on the Thought of Paul Gilroy
Paul Gilroy’s The Black Atlantic, which was first published in 1993, remains remarkable for its introduction of the validity of ‘race’ as an analytical category in presenting the ‘Atlantic’ as a discrete geo-political unit in the modern capitalist world-system. The…
Parrēsia: Notes on the Thought of Michel Foucault
In the last two lecture series Foucault gave at the Collège de France in 1982-1984, published under the titles The Government of Self and Others and The Courage of Truth, a genealogy of the obscure concept parrēsia - “truth-telling”(dire-vrai) or…
Equaliberty: Notes on the Thought of Étienne Balibar
It could be asserted that the spectre of Equaliberty (Égaliberté) has haunted Étienne Balibar’s work for decades. Early connotations avant-la-lettre can be found in his concept of citizenship as ‘temporary equilibrium’ (Balibar 1988: 724)—a key structural condition…
Why Neoliberalism’s Unregulated Global Debt System is for the Birds (and Vultures)
An eerie sense of calm pervaded the bustling streets of Buenos Aires as local Porteños calmly went about their daily business. It was 31st July 2014 and the clock had just run out on the deadline for Argentina’s government to make a $539 million interest payment to…
Three Questions for Hamas
There is no doubt that Hamas has exhibited extraordinary resilience under the most difficult of conditions that have bedeviled its period of political leadership in the Gaza Strip that started in 2007. It also seems clear as persuasively argued by Sandy Tolan in a…
Finding the Hidden Constitution: Explaining Ireland’s Abortion Law
On Saturday, we heard of the Irish state's latest efforts to police its abortion law. The story has emerged from a series of High Court hearings. Reporting on the case is restricted by court order, and so facts have emerged drip by drip. On Tuesday, we heard a…
An Island of Saints and Sadists: Abortion in Ireland
People often ask me why I write such dark books. You’re such a sunny person, they say. I say: Look around you, what kind of a country do you think you’re living in? Here is a tale of the island of Saints and Sadists. A young woman came to our country for help, for a…
International Law 1914/2014
Looking back to mid-1914 from mid-2014, it is hard to see beyond the piles of bodies. History barely seems up to the task of grappling with this tumultuous interstice. Perhaps, rather than approaching this interval as a sequence of historical contexts, we might…
Civilians, Combatants, and Histories of International Law
In the media coverage of war, whether reports on individual incidents or the numbing tallies of casualties, the distinction between civilians and combatants is central and frequently contested. The killing of the four boys who had been playing soccer on a Gaza beach…
Repetition and Death in the Colony: On the Israeli Attacks on Gaza
At the moment of writing these lines, the BBC reports 100 deaths thus far in Gaza in the recent Israeli onslaught. As we have seen these scenes before, the invocation of repetition comes naturally. “Once again” is a commonly used word when it comes to death and…
Should we value academic fashions?
Fashions come and go, but what about academic or intellectual fashions? Are they like any other, with the same pleasures and limitations? Or should ideas be protected from the vagaries and currencies of what is current? Googling the phrase “academic fashion” produces…
The Infinity of the Silent Strike
We know from Burke that it is the noise of the crowd or throng which leads to the experience of the sublime. The cacophony of the many, gathered in their discharged state, draws us like a magnet. But the crowd in strike has a number of very different…
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…
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…
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…
The Prospect of Harmony and the Decolonial View of the World: Weihua He Interviews Walter Mignolo
Knowledge is always situated. As a young scholar from China working on western theories, I always felt frustrated with the eurocentrism embedded within them. The frustration comes first because they are not addressing the problems lingering in my mind; and second at…
Politics in Times of Anxiety
Politics in Times of Anxiety springs from the 9/11 attacks, when public safety and security turned into a central concern across the globe. The subsequent economic crisis that broke out in 2008 in the USA and its gradual spread across Europe initiated a protracted…
The Past and Future of the Legal Left: Celebrating Duncan Kennedy’s Scholarship
Below you can watch the conference on 'The Past and Future of the Legal Left: Celebrating Duncan Kennedy's Scholarship' which was held at SOAS, University of London on 22 May 2014. This conference honoured Professor Duncan Kennedy, one of the most influential legal…
KEY CONCEPTS
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SERIES / SYMPOSIA
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