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

Rage Against the End of International Law: From Venezuela to the Global
In a recent piece published at Opinio Juris,[i] Nikolas M. Rajkovic calls on international lawyers to recalibrate their “ways of seeing” to account for the multi-scalar, relational, and interconnected nature of contemporary authority and power. His article invites a critical reexamination and update of the visual and conceptual tools lawyers use to understand the world, by way of moving beyond the outdated “cartographic lens” of international law. He suggests that the discipline must recognize that what appears as a crisis of international law is, in fact, a crisis of its epistemic frameworks. This way, he contends, international law can better respond to the challenges of an epoch shaped by global flows, geopolitical dynamics, emerging networks, and infrastructures. Transformation, not collapse, is the path forward, he concludes. While Rajkovic’s call for a radical transformation in legal thinking is compelling and his writing has much to be liked about, it nonetheless, to...
ARTICLES
Reclaiming Democracy: An Interview with Wendy Brown on Occupy, Sovereignty, and Secularism
Celikates & Jansen: Let us start with a general question about the current state of democracy. In your contribution to the book Democracy in What State you write: ‘Berlusconi and Bush, Derrida and Balibar, Italian communists and Hamas — we are all democrats now’. There seem to be two possible responses to this diagnosis of an exalted discourse of democracy that seems to accompany, and even to be functionally intertwined with, the multiple processes of de-democratization that you also describe in this article that we witness in our society: either we could give up the word democracy because, being hijacked by its enemies, it no longer functions as a critical and emancipatory alternative, (it has become a ‘neoliberal fantasy’ as Jodi Dean has argued), and to look for other concepts, e.g. communism. So that’s one possible reaction. The other reaction would be to fight for the word and to insist on the gap between a radical understanding of democracy and its liberal democratic, low-intensity state-form manifestations, and to emphasize how democracy is intertwined with rupture, opposition, resistance. Could you sketch your position in this debate?
The Wealth Clock
A group of German trades unions, academics, and militants have attempted to seize back the clock as a powerful mode of political expression with their “Wealth Clock”. It seems to be a direct response to the relative success of the US’s National Debt Clock, instituted in the late 80s by property developer Seymour Durst, in impressing into the public consciousness the claimed urgency of dealing with the US national debt, as a route to neoliberal austerity measures. Leaving aside the many arguments that can be levelled against Durst’s fears, the image of a constant up-ticking of a national debt has had its echoes in European states, not least Britain and Germany as flag-bearers for austerity.
Democracy, Distrust and the Right to Resist, Today
Democracy means dissent, distrust and resistance According to classical theory, the roots of democracy are in consensus. The truth, however, is quite the opposite. Experience has shown us that the key to democracy lays elsewhere; in the capacity to accept and even...
Mining Projects and Popular Movements in Colombia: Chasing AngloGold Ashanti
The road to Doima (Colombia), at best unpaved and bumpy, is today crossed by rivers in flood. The rivers have submerged the low concrete bridges and at the second bridge the river is so high the bus has to stop and wait for the waters to subside. The rainstorm that...
The People Returns: A footnote to protests in Slovenia
History repeats itself first as tragedy and then as farce, Marx wrote in his Eighteenth Brumaire. This famous remark fits well to the current situation in Slovenia, when the country experiences the largest protests since 1989. The person standing in the centre of...
Slovenians Demand Radical Changepr
During the closing months of 2012, Slovenia has seen a series of mass popular protests. Thirty thousand demonstrators gathered on November 17 for the first protest, organised by trade unions, students, and organisations of retired people and artists. Dozens of...
Compliance: The Uncomfortable Reality of Docile Bodies
The movie ‘Compliance’ is disturbing on many different levels, and left me with a feeling of extreme discomfort, and even disorientation, long after the credits rolled, no less because it is based on true events, referred to by the American media as the “strip search prank call scam’. As the story unfolds in the movie in the same sequence as it did in reality, Sandra, the manager of an Ohio “Chickwich” fast-food outlet, receives a call from a man falsely claiming to be a police detective. Referring to himself as “Officer Daniels” or “Sir”, he accuses a young female cashier, Becky, of stealing money from a customer. He then enlists Sandra’s assistance in physically detaining Becky in the store room of the outlet and strip-searching her. Sandra and two other employees are caught up in events that become increasingly unsettling, escalate throughout, and ultimately culminate in the degrading sexual abuse and humiliation of Becky by Sandra’s boyfriend, Van.
The People’s Law Tribunals in Pakistan
QM: A set of movements you have been involved with in Punjab is the sath, a form of people’s law. What is a sath and how does it translate? What areas are governed by sath? What is your involvement? Finally, can you explain how the experience of law and justice...
We must resist the cunning of judicial reform
The death of the 23 year old woman following the brutal gang rape and assault on a moving bus on 16 December 2012 at a hospital in Singapore early this morning [Ed. Friday 28th December 2013] leaves all of us in states of deep mourning. This is a political death. Rape...
Ireland, Suicide and the Virtual Reality of a Political Elite
It has been apparent to many people in Ireland, across Europe and much further afield that the professional political class are living in a sort of virtual reality. [In Ireland] we have a political system that has been described as corrupt in all areas of public life...
Chastity, Virginity, Marriageability, and Rape Sentencing
The horrific gang rape incident in Delhi has led to demands for amending the law to provide for more stringent punishment for rape, including introducing the death penalty. Over the last few days, there have been various debates about the advisability of making such...
The ‘Politics’ in Ethiopia’s Political Trials
The Ethiopian regime is using the legal system to eliminate dissident voices and drag protesters to court under terrorism charges. Far from guaranteeing equality and justice, the country’s courts serve as an instrument in the Government’s hands to legitimize...
Greece and the Future of Europe
Delivered at The Southern Europe Crisis and Resistances, Birkbeck Institute for the Humanities, 25 November 2012. Listen to the free podcast. In the summer of 1918, Constantin Cavafy met E. M. Forster in Alexandria. Cavafy compared the Greeks with the English. The two...
Pasolini’s Salò: Torture is Political
Pasolini’s controversial final film Salò (1975), based on Marquis de Sade’s The 120 Days of Sodom (1785), poses significant questions regarding the intersection between sadistic torture and sovereignty. The film is divided into four segments, heavily inspired by...
Human Rights or a Bill of Rights?
The debate over the future of the Human Rights Act ('HRA') has been somewhat surreal. The Labour position is schizophrenic. Labour introduced the Act but was justifiably accused of violating most of its principles in its obsession with security. But schizophrenia is...
Blustering over the European Convention on Human Rights
One would think that it’s the Battle of Britain all over again. On 21 November 2012 the Daily Mail carried the headline “Defiant Chris Grayling says Britain can ignore Strasbourg fines if we ban prisoners from having the vote”. Cameron said that the idea of...
Why Israel Desires to be Hated by Palestinians
Yet another massacre is unfolding in Gaza, the largest prison in the world.* We are surrounded by familiar chatter: ‘Israel’s right to defend itself’; ‘Palestinians’ legitimate resistance to (the 1967) occupation’; ‘who started it this time?’ Most insidious, however,...
The Children of Gaza Have Names
I wake up in the middle of the night to go check on my child. She breathes, she makes little sleep-noises. I leave the room. Again, half-an hour later I go back to check if she is alright. If she still breathes. I go back again and again through the night because...
The Bombs that Blast Gaza: A View from the Ground
November 15, 2012 Gaza. As I begin to write this piece my computer falls from my hands to the floor as a bomb drops meters from the Abousalama family home in Saftawi neighborhood, Gaza, Palestine. I have grown accustom to the loud blast of bombs being dropped around...
Savita Halappanavar: Ireland, Abortion and the Politics of Death and Grief
This morning (14 November 2012) the Guardian reports on the case of Savita Halappanavar, who died last month at University College Galway, Ireland. It was, we are told, a case of "sudden maternal death". The Irish Times sets out the facts of the case as follows:...
A Bailout of the People by the People – Will it Work?
From 15 November 2012, a part of the Occupy Movement in the U.S. led by Strike Debt will be operating a “Rolling Jubilee” which their website describes as:
“A bailout of the people by the people.
We buy debt for pennies on the dollar, but instead of collecting it, we abolish it. We cannot buy specific individuals’ debt — instead, we help liberate debtors at random through a campaign of mutual support, good will, and collective refusal.”
David Graeber, for example, has been tweeting about this enthusiastically and the Rolling Jubilee Facebook page has a picture of Slavoj Zizek holding the linked “Strike Debt” logo and a statement claiming that he too supports the campaign. My initial reaction to the plan was open-minded bemusement and a question which I see keeps recurring on the Rolling Jubilee FB page: “How does this work?.”
KEY CONCEPTS
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SERIES / SYMPOSIA
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