CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Iran and the ‘state of exception’

Iran and the ‘state of exception’

It seems that we have entered a period of endless war. The undeclared American war "Epic Fury" (the name of the attack on Iran) and Israel's new murderous campaign has replaced the "cosmopolitan order of rules" heralded by those who saw the "end of history" after the fall of communism. The "perpetual peace" of Kant and Habermas has been replaced by "perpetual war and its threat." We live in a "global state of exception." A situation where governance, military strategies, and armaments are closely linked to the needs of capitalism. At the beginning of the century, the "rogue state" and the "failing state" were the ideological terms that justified attacks and invasions by the major powers and the neo-colonial occupation of regions and states. Today, references to these distinctions have been limited. Trump attacks Venezuela and Iran, gives every possible assistance to Israel without any specific explanation or credible justification. He simply boasts like a spoiled child in the…

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ARTICLES

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

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 final cause, was being…

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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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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…