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

The Diapausal Life of International Law: Gaza and Beyond
Few contemporary conflicts have been as saturated with legal language as Gaza. Provisional measures issued by the International Court of Justice, arrest warrants sought by the International Criminal Court, findings by United Nations commissions of inquiry, emergency sessions of the General Assembly, and a near-continuous flow of legal argument in diplomatic, journalistic, and activist forums all testify to the intensity with which law has been invoked. And yet, this same conflict appears to confirm a familiar sceptical verdict: international law lacks enforcement where it matters most. This juxtaposition — legal proliferation alongside material impotence — has often been read in one of two ways. On the one hand, Gaza is taken as proof that international law remains an axial moral grammar: a vocabulary of universal obligation that persists even when it cannot command obedience. On the other, it is read as evidence that law is little more than rhetoric: a repertoire of justificatory…
ARTICLES
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…
Decolonial Strategies and Dialogue in the Human Rights Field
Some Christians encountered an Indian woman, who was carrying in her arms a child at suck; and since the dog they had with them was hungry, they tore the child from the mother’s arms and flung it still living to the dog, which proceeded to devour him before the…
Law and The Senses: Symposium, Performance, Phenomenon?
The announcement of the event 'Law and the Senses' at the University of Westminster sounded intriguing. The call for papers asked: What is Law’s relationship to senses? In a sense, Law, the anaesthetic par excellence, is constantly engaged in numbing the sense into…
The Revolutionary State: An Interview with Álvaro García Linera
The interesting thing is that our processes are not tied to an exclusive model. They are plural searches, with differentiated speeds and degrees of intensity, to dismantle the neoliberal machinery that accumulated by expropriating the public sector. I respect what…
Brazil: The Price of Progress
With the election of President Dilma Roussef, Brazil sought to accelerate the pace in turning itself into a global power. Many of the initiatives in this direction came from beforehand, but they had a new impetus: the UN Conference on the Environment, Rio+20 in 2012…
Alain Badiou on the Uprising in Turkey and Beyond
A large proportion of the educated youth all across Turkey are currently leading a vast movement against the government’s repressive and reactionary practices. This is a very important moment in what I have called “the rebirth of History.” In many countries around…
Notes on the Theology of Constituent Power
In its traditional conception, the constituent is a power that constitutes and reconstitutes the state. This is a dangerous, though important salve for the problem of corruption in the body politic. The people or their representatives may overthrow the constituted…
Imperium: notes on the thought of Spinoza
Note: readers should first study the key concepts Power (potentia) and Natural Right before proceeding. A practical comprehension of Spinoza’s theory of natural right allows us to begin to use this conceptual tool to construct our world. This is the essence of…
Surveillance: From Image to Archive
Surveillance has become alarmingly commonplace. CCTV cameras, mobile phones, aerial drones, webcams, automated number plate recognition, facial recognition and other biometric measures, DNA databases, radio frequency identification (RFID) chips in transport tickets…
Natural right: notes on the thought of Spinoza
Note: readers should first study the key concept Power (potentia) before proceeding. When students (res)trained in law approach Spinoza’s theory of natural right ( ius naturale ) they face precisely the formidable terminological barrier which Spinoza endeavours to…
Power (potentia): notes on the thought of Spinoza
In this article I will focus exclusively on Spinoza’s theory of power ( potentia ) which forms a key element of his theories of natural right and imperium. For the legal theoretical importance of potentia in the areas, see the forthcoming articles NATURAL RIGHT and…
Seven Theses on Human Rights: (7) Cosmopolitanism, Equality & Resistance
Against imperial arrogance and cosmopolitan naivety, we must insist that global neoliberal capitalism and human-rights-for-export are part of the same project. The two must be uncoupled; human rights can contribute little to the struggle against capitalist…
Anti-Colonial Events in Brazil
In the colonial countries, on the contrary, the policeman and the soldier, by their immediate presence and their frequent and direct action maintain contact with the native and advise him by means of rifle butts and napalm not to budge. It is obvious here that the…
Democracy or Capitalism?
The relation between democracy and capital has always been a tense one, of even total contradiction. Capitalism only feels safe it is ruled by whoever owns capital or identifies with its needs, whereas democracy, on the contrary, is the rule of the majorities who…
Equality: Notes on the Thought of Luce Irigaray
Equality is a concept that has concerned Luce Irigaray, in various guises, throughout her work. In this post I will discuss both her critique of liberal mobilisations of equality, and her rethinking of equality through sexual difference. Irigaray’s work is often…
Alexandre Kojève After Revolutionary Terror
If the French and Russian revolutions provided two models of post-revolutionary politics, neither of them led to the realisation of a universal and homogenous state, an empirical existence where State, Right and Religion would become obsolete. Kojève's overlooked…
KEY CONCEPTS
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