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

New Translation of Pashukanis: The Right of Asylum and the Practice of Bourgeois Governments
Introductory Note by Igor Shoikhedbrod E.B. Pashukanis (1891-1937) is best known for his General Theory of Law and Marxism (1924), where he offered an original account of the genesis of the legal form under generalized conditions of capitalist commodity exchange and explained the reasons for its necessary disappearance under fully developed communism. Until recently, Pashukanis’ reputation as the token Marxist legal theorist has generally eclipsed his influential contributions as a seasoned revolutionary representing the USSR on the international stage. Nowhere is this clearer than in the domain of international criminal law and in Pashukanis’ consistent and vociferous defence of the right of asylum. In the 1929 essay that follows, Pashukanis—writing under the auspicious of the International Red Aid—offers a scathing indictment of the extradition of working class and communist political prisoners by capitalist countries in a global political context marked by the transition from the…
ANNOUNCEMENTS
ARTICLES
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…
Palestinian Family Unification in Israel: The Limits of Litigation as Means of Resistance
At the end of March 2002, Eli Yishai, then the Israeli Minister of Internal Affairs, decided that all requests for family unifications submitted by Palestinian citizens of Israel married to Palestinians from the Occupied Palestinian Territories (OPT) would be frozen…
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…
The Antagonistic University? A conversation on cuts, conviviality and capitalism
Anja: Let me begin by posing three questions. Firstly, it’s becoming increasingly apparent that modes of labour are appropriating cognitive, communicational and affective skills. What does this mean to you for the political potential of academic and collaborative…
ELDH Statement on Syria: An alleged crime against humanity should not be punishable by an illegal use of force
The European Lawyers for Democracy and Human Rights (ELDH), with members in 18 European countries, is absolutely opposed to the proposed use of illegal force by Western powers against the Syrian regime. The US government is leading a call for military action against…
Euro Stability Mechanism proposes transfer of Greek assets to Luxembourg
The European Commission has been forced to rebuff a proposal by the Eurozone's new bailout fund, the ESM, that Greek assets be transferred to a new Luxembourg-based special purpose vehicle as a part of a wider privatisation scheme. The proposal, mooted by Finland in…
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…
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.…
Immigration Manhunts and British Post-Colonial Identity
Last week the British government’s Border Agency (UKBA) pushed its new and controversial “go home” campaign into full effect along with an accompanying, and highly criticized immigration stop and search at several London tube stations. The vast majority of the…
Law cannot determine whether Assange is guilty of sexual assault
Like many others, I used to admire Julian Assange. In 2009 I took part in a campaign to nominate Assange for ‘ Australian of the Year ’, thinking that putting forward a journalist who actively publishes material that challenges nationalistic myths for a nationalistic…
Wanted For Love, But Not Here: The Travelling Rights of African LGBT Activists
One of the dangers of awareness campaigns centred on social media is that they risk being online popularity contests. The [Dutch] national “ Wanted For Love ” campaign—a collaborative initiative of H i vos and Human Rights Watch aimed at drawing attention to the…
The Encrypted Constitution: A New Paradigm of Oppression
Ever since judicial supremacy was affirmed in Marbury v Madison [5 US 137 (1803)], the political content of US-inspired constitutions has been compressed and turned into purely techno-legal content (ordinary law). What has taken shape is a tradition in which the…
Declarations of Independence: Notes on the thought of Jacques Derrida
Speaking in 1976 at the University of Virginia in Charlottesville Derrida prefaced a lecture on Nietzsche with some remarks on The American Declaration of Independence. In this brief text — subsequently published in Negotiations (2002) as “Declarations of…
Law as Insurgent Critique: The Perspective of the Commons in Italy
We use law when it proves useful; we break the law when it prevents the realization of a more just common life (Teatro Valle Occupato, my trans.). The financial crisis and the subsequent series of austerity measures have prompted fierce resistance in the streets and…
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…
Seven Counter-theses on Human Rights
In his 2007 book Human Rights and Empire: The Political Philosophy of Cosmopolitanism, Costas Douzinas asks “ Are human rights a defensive barrier against domination and oppression or the ideological gloss of an emerging empire?” ( p.viii ) In posts on this blog…
The Dark Shores of Europe
This was August 2008 at Koraka's Cape beach in Lesvos. A local farmer told me that he saw a prosthetic leg on the beach. He said that the leg belonged to a boy, around 13 years old, who arrived on a rubber boat with his family. The coastguard were just behind the…
On the Zimmerman Verdict: Violence and Reason
George Zimmerman's acquittal is not a mere validation of one White man's fear of and disdain for young Black males and the deadly force with which these emotions were unleashed upon an innocent boy. Rather, it is a terrifying and heartbreaking expression of six White…
Prisoners’ Hunger Strike in California
Daletha Hayden hasn't hugged her son in four years. Since 2009, the only face-to-face contact they've had has been through thick glass. Even phone calls are not allowed in Tehachapi State Prison's isolation unit. Despite the separation, she said she has seen the…
The Gezi Spirit: When Concrete Actions Wane, Resistance will Fade
The Gezi resistance continues to create its own public spaces. Since the occupation at Gezi Park was forced out by the police on 15 June, public forums (popular assemblies) are being held in over 30 parks around Istanbul in the evenings, as well as in other cities…
‘This is not the time of Empires’: The Kidnap of Morales
As the Bolivian people and the whole world now knows, [last] Tuesday, at approximately three to half past three Bolivian time, when President Evo was returning from Moscow, - where he had a meeting with President Putin, the final meeting, returning to Latin America…
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