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

Dream-walker in the Academy: Self, Time, and the Borders of Critique
I have returned to the classroom. After years inside bureaucracy – the slow gravity of minutes, clearances, and protocols – I am again among students, texts, and the low hum of ideas. The air is lighter; my wings that carry my creativity remember their work. It has been thirteen years since I stood at a graduate conference lectern at Birkbeck College, reading an early paper with a seriousness that only the young can afford. The text, Draft for BBK Graduate Conference, had slept in a forgotten folder until recently. When I opened it, the voice that greeted me felt both intimate and foreign – earnest, over-theorised, and trembling with the ambition to be critical. “Pero yo ya no soy yo,Ni mi casa es ya mi casa.”Federico García Lorca, “Romance Sonámbulo” Much has changed since then: the world’s crises, the university’s tone, the language of critique itself. I have changed too – moving between diplomatic corridors and lecture halls, between state service and the solitude of thought. Now,...
ARTICLES
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?.”
Occupy Policing: The Eviction of Occupy Melbourne
Inspired by the global call for action by the Indignados movement in Spain, the protests and revolutions across the Arab World and the Occupy Wall Street protests in New York City, activists organised to launch Occupy Melbourne in City Square on 15 October 2011....
After Sandy, The Politics of Public Things
In response to the contemporary neoliberal impulse to privatize everything and the difficulty, in such a context, of preserving public things and of articulating the importance of public things to democratic life, it is important to think about public things. A few...
Saying ‘We’ Again: A Conversation with Jodi Dean on Democracy, Occupy and Communism
Biebricher & Celikates (‘B&C’): You argue that democracy is so intimately tied up with what you call ‘communicative capitalism’ that every attempt from the left to re-appropriate the term, to give it a more radical meaning and to distinguish it from the electoral regimes of representative democracy has to fail. This seems difficult to accept for many people on the left.
Jodi Dean (‘JD’): There are a couple of reasons why I take this position. First, and most broadly, democracy is not a category of contestation anymore. Right and left agree on democracy and use a democratic rhetoric to justify their positions. George Bush claimed to be defending democracy all over the world by bombing all sorts of people. If that is democracy, then that is not a language that the left can use to formulate an egalitarian and emancipatory potential or hope. A second reason, which is a repercussion of the first one, is that democracy is a kind of ambient milieu, it’s the air we breathe, everything is put in terms of democracy nowadays. And this relates to the third reason: the rhetoric of democracy is particularly strong now in the way in which it is combined with the form of capitalism I call ‘communicative capitalism’, where ideals of inclusion and participation, of making one’s voice heard and one’s opinion known are also used by TMobile and Apple. Participation ends up being the answer to everything. If that’s the case, referring to it is not making a cut with our dominant frame, it’s just reinforcing it. If governments and corporations are encouraging one to participate then leftists don’t add one thing that’s not already present if they say that what we need is to make sure that everyone is participating and included—that’s already what we have. For the left to be able to make a break we have to speak a language that is not already the one we’re in.
Another Greek Myth: Freedom of the Press
A warrant for Greek journalist Kostas Vaxevanis' arrest was issued today [Ed. 28 October 2012] for the alleged crime of "violating privacy legislation" related to his bi-weekly magazine HOT DOC which published a list of 2,059 names and associated professions of Greek...
#14N: European General Strike
Last month, Portugal’s largest trade union CGTP called a general strike for November 14 against the “exploitation and impoverishment” of the Portuguese population. The union stressed the need to change government policies “for the sake of a better future” and urged...
In Germany insolvency law becomes financialised
The Amendment of the German Bankruptcy Act, which came into effect six months ago, has opened the door to widespread abuse alleges the...
The Right against the City
“Reclaim our cities”. “Self-organise”. “Take neighbourhood action”. Consider these slogans for a moment. Sound familiar? Indeed they should, echoing as they do a body of scholarship (e.g. Amin & Thrift, 2005; Butler, 2012; Chatterton, 2010; Dikeç, 2001; Harvey, 2003; Leontidou, 2006, 2010; Marcuse, 2009; Mayer, 2009; Simone, 2005) stemming from Henri Lefebvre’s idea of the Right to the City (Lefebvre, 1996; henceforth RttC). Despite this common origin, interpretations of the Lefebvrian “right” have been most diverse; perhaps his own often-times abstract writing has inadvertently caused this scholarship to reach outside the confines of his own political allegiance and thought: ten years ago, Mark Purcell (2002) protested that the original RttC notion was more radical than his own concurrent literature would make it appear. But today, a reformist interpretation of Lefebvre might be the least of the worries we are faced with here, on the south-eastern shore of the Mediterranean that is the Greek territory.
The Criminalisation of Political Dissent: Huckstering the Law
The subversion of law begins with the reduction of politics to a crime. What is never questioned is the bourgeois state of law upon which modern...
End the Criminalisation of Protest: The Case of Trenton Oldfield
On the 7th of April 2012, Trenton Oldfield undertook a direct-action protest at the Oxford and Cambridge Boat Race. The aim of his protest was to focus attention on the long-standing and entirely unjust inequalities in British society that are being severely exacerbated by government cuts and reductions in civil liberties. Trenton chose the Oxford and Cambridge Boat Race because it is a symbol of class, privilege and elitism in Britain.
An astonishing 70% of the cabinet in the current government are Oxford or Cambridge graduates. This government is protecting the privileges of the wealthy while cutting the essential necessities of the majority and the poor and reducing people’s rights and freedoms. In the three days before Trenton’s protest, the coalition government (1) received royal assent for its bill to privatise the NHS, (2) introduced the Communications Data Bill to legalise surveillance of all digital communications of UK subjects, and (3) called on people to ‘shop their neighbours’ if they suspected they might protest at the 2012 Olympic Games. Trenton’s protest aimed at drawing attention to these injustices. He swam into the course of the boat race. The race was halted and restarted 25 minutes later. The action was seen by an international audience but it affected just 18 rowers and a handful of event organisers on a closed river, on a long weekend. The direct-action protest was wholly consistent with Trenton’s decade+ work in London on addressing this city’s unnecessary poverty and inequalities. The audience for the free event experienced a minor delay of 25 minutes. The BBC coverage ended at its pre-scheduled time-slot. Not a single complaint was received from the public by either the Metropolitan police or the BBC.
KEY CONCEPTS
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SERIES / SYMPOSIA
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