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

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,...

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ARTICLES

Greece and the Future of Europe

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...

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Human Rights or a Bill of Rights?

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...

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Why Israel Desires to be Hated by Palestinians

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,...

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The Children of Gaza Have Names

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...

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A Bailout of the People by the People – Will it Work?

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?.”

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After Sandy, The Politics of Public Things

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...

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Saying ‘We’ Again: A Conversation with Jodi Dean on Democracy, Occupy and Communism

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.

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Another Greek Myth: Freedom of the Press

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...

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#14N: European General Strike

#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...

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The Right against the City

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.

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End the Criminalisation of Protest: The Case of Trenton Oldfield

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.

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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...