CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

A Red Winter: On war and the Iranian struggle for freedom 

A Red Winter: On war and the Iranian struggle for freedom 

Its shadow/ had swallowed the entire city;/ we thought/ it was a mountain…/ until it collapsed, and we saw/ it was a bubble/ blown straight from the mouth of darkness!/ Let them say that death is the end,/ but I say:/ The death of a dictator/ is the only day when calendars/ truly feel the touch of spring./ Baktash Abtin*. The omnipotent tyrant who ruled over the lives and deaths of Iranians for over thirty-six years is dead, and I wonder what his voice would be like when, and if, he had to talk from the defendant’s dock and not from his usual throne of blood?Would he be overwhelmed by the prosecutor’s relentless cascade of questions? Would he stumble into the legal snares so carefully laid by the sharp-minded lawyers of Madaran-e-dadkhah (Mothers seeking justice for the executed and the disappeared)? Would he lose his composure and allow a glimpse of regret, shame, or sorrow to surface? Might we see that he, too, is merely a human? Fragile, vulnerable like the rest of us, and not…

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ARTICLES

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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Five Theses on Financialisation

Five Theses on Financialisation

1 The dual nature of contemporary capitalism resides in the separation of  ‘politics’ and ‘economics’ on one side, and ‘finance’ and ‘production’ on the other. However, in financialisation ‘politics’ and ‘finance’ are connected, specifically by an unspoken pact of...

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Some Reflections on the #ACCELERATE MANIFESTO

Some Reflections on the #ACCELERATE MANIFESTO

The Manifesto for an Accelerationist Politics (MAP) opens by noting the depth of the current crisis – “cataclysm” – and a negation of the future by “coming apocalypses”. No need for alarm however: there is nothing political-theological here whatsoever, so those who…

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What’s Going on in Venezuela?

What’s Going on in Venezuela?

It’s difficult to briefly explain the situation in Venezuela right now. The difficulty lies in the fact that it is complicated, like most things. No matter how various political protagonists, human rights groups and news media would like to paint things as simple…

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Racism as Excessive Legalism

Racism as Excessive Legalism

We rightly celebrate that we live in a society where law and order prevail. The capacity to follow established rules allows for the smooth operation of the many necessary transactions that make up our everyday life. And the law, among other things, guarantees that we…

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For a Theory of Destituent Power

For a Theory of Destituent Power

A reflection on the destiny of democracy today here in Athens is in some way disturbing, because it obliges to think the end of democracy in the very place where it was born. As a matter of fact, the hypothesis I would like to suggest is that the prevailing…

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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…