CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Militant Democracy as Neurosis

Militant Democracy as Neurosis

Walter Benjamin invites us to think language in a radically different way: not as a neutral medium of communication, but as something living, something creative. For him, language is not exclusively human: everything that exists speaks. It may do so through gesture, through form, or simply through presence. In short, everything expresses itself. Humanity occupies a distinctive position within this field: human beings do not merely speak, they are capable of naming – and in naming, they bring the world into being. Act of Creation Benjamin therefore reads the Book of Genesis as a moment of linguistic philosophy: “And God said, ‘Let there be light,’ and there was light” (Gen. 1:3). In the Gospel of John, this linguistic act is rendered even more explicit: “In the beginning was the Word” (John 1:1). The Word is the point of origin of all things. Naming, then, is not simply descriptive; it is world-making (Benjamin 1977, 140-157). In other words, naming draws things out of the unnameable...

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ARTICLES

Thick Skin, a lawful film written and directed by Peter Rush

Thick Skin, a lawful film written and directed by Peter Rush

This film explores an aesthetics of law and its inhabitants through the public art sites of The Another View Walking Trail that was installed in the 1990s in the City of Melbourne. In a slow-moving filmic recitation, each of the sites focus our attention on the place-making and counter-memory of law and governance. What then would it take for the eye of law, beyond pretence and all forgetting, to recognise pain? What would it mean to investigate the manners in and by which proximate and suffering others have dwelt and do dwell in law? Available to watch for the first time in uploaded digital form here on Critical Legal Thinking…

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Transphobia

Transphobia

 "I have a hard time making my mind take place…" begins the poem Body & Isn’t by Bruce Covey. Indeed, it is hard for the mind to take place when it reads the column “Mikropragmata” (“Trivial Things”) by Aris Dimokides in LiFO of 18/7/2013.LiFO ‘What Exactly...

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Against Colonial Rubbishing

Against Colonial Rubbishing

As my facebook friends know, I take my status updates seriously. This does not mean that I only treat serious topics, or that I take myself overly seriously. Indeed I can be very frivolous and I always maintain a healthy cynicism towards whichever way I happen to see...

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Seven Counter-theses on Human Rights

Seven Counter-theses on Human Rights

In his 2007 book Human Rights and Empire: The Political Philosophy of Cosmopolitanism, Costas Douzinas asks “Are human rights a defensive barrier against domination and oppression or the ideological gloss of an emerging empire?” (p.viii) In posts on this blog Douzinas...

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The Dark Shores of Europe

The Dark Shores of Europe

This was August 2008 at Koraka's Cape beach in Lesvos. A local farmer told me that he saw a prosthetic leg on the beach. He said that the leg belonged to a boy, around 13 years old, who arrived on a rubber boat with his family. The coastguard were just behind the boat...

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Prisoners’ Hunger Strike in California

Prisoners’ Hunger Strike in California

Daletha Hayden hasn't hugged her son in four years. Since 2009, the only face-to-face contact they've had has been through thick glass. Even phone calls are not allowed in Tehachapi State Prison's isolation unit. Despite the separation, she said she has seen the...

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Brazil: The Price of Progress

Brazil: The Price of Progress

With the election of President Dilma Roussef, Brazil sought to accelerate the pace in turning itself into a global power. Many of the initiatives in this direction came from beforehand, but they had a new impetus: the UN Conference on the Environment, Rio+20 in 2012,...

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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

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...