CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Emilios Christodoulides 1963–2026

Emilios Christodoulides 1963–2026

It is with the greatest sadness that wish to inform you that our comrade, colleague, friend and amazing intellectual, Emilios Christodoulides, passed away yesterday. After a long illness that tormented him for the last two years, he passed away peacefully in Edinburgh, surrounded by his partner and three children. Those who knew him are aware of his calm and open spirit, his kindness and gentleness, his sense of humour and joie de vivre, his unwavering faith in principles and values, and, of course, his immense intellect, which set important new directions in constitutional law, labour law, critical and legal theory. Emilios was one of the most impressive critical legal scholars of his generation. He was the managing director of Law and Critique for the last four years and ensured that the journal pioneered the most radical and innovative theoretical trends in critical legal thought. The critical legal community mourns his passing and will appropriately celebrate his life, work and…

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ARTICLES

Adjunct, Class, Fear

Adjunct, Class, Fear

The biggest obstacle to organizing adjunct (part-time and full-time non-tenure-track) professors, who now comprise 75% of the faculty in higher education, with part-timers working for $2700 per course on average — is fear. Most people assume that adjuncts fear…

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Murder by Fascists in Greece

Murder by Fascists in Greece

Last night, 34-year-old anti-fascist and left-wing rapper Pavlos Fissas was stabbed to death in Athens while he was surrounded by a group of 30 thugs in Golden Dawn shirts and military trousers. The victim, whose stage name is MC Killah P, had been watching a…

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The Political in the Contract Classroom

The Political in the Contract Classroom

When we started ‘The Public Life of Private Law’ one of the conversations we wanted to have with participants, and with others following the series, was about teaching private law from a critical perspective. In particular, we wanted to think about how those of us…

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Counterpress and Critical Legal Strategy

Counterpress and Critical Legal Strategy

In 2007, Daniel Bensaïd suggested that we turn to the question of strategy. Traditionally, strategy is distinguished from tactics. Where strategy is the ‘use of engagement to obtain the plan of war’ in von Clausewitz, tactics are the short term acts which win…

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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. It is hard for two reasons.…

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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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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…