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

The UK’s recognition of the State of Palestine is meaningless without the proper recognition of international law on the aid flotillas
Israel has boarded the Global Sumud flotilla, representing a further escalation of their response to flotillas seeking to deliver aid to Gaza. The boarding of the flotillas in international waters and the taking of people by force into Israeli territory violates multiple provisions of international law and the law of the sea. The UK’s lack of action, despite four of the boats in the Global Sumud Flotilla being British flagged (that is, by law, British territory) is concerning. This is a violation of the UK’s sovereignty under international law yet the UK is failing to act. Interestingly, the issue of Israel boarding British flagged boats has received scant attention from the UK Parliament, despite proclamations around the need to protect British sovereignty. Indeed, the only mention of the flotillas in Parliament occurred in June 2025. Then, a motion was filed and supported by several MPs noting the illegal nature of the interception of the Madleen flotilla and raising...
ARTICLES
Are we aware of the current recolonisation of the South?
It would not be surprising if, in the context of an international conference, a group of jurists from different nations identified a set of common juridical references based on different legal systems. This occurrence would be attributed to the process of...
The Need for Public Protest
Earlier last week, Trenton Oldfield was convicted of ‘Causing a Public Nuisance’ by a jury at the Isleworth Crown Court. Previous instances of this rarely prosecuted offence include impregnating the air with “noisome and offensive stinks and smells” causing “a nuisance to all the King’s liege subjects living in Twickenham” But Oldfield was the man who had the temerity to disrupt the Oxford and Cambridge Boat Race last April, by choosing to take a swim, just as both boats were getting into their stride.
The prosecutor explained to the court that his actions had “spoiled the race for hundreds of thousands of spectators” and for this, the judge has adjourned sentence, commenting that she is not ruling out a prison sentence.
Five reasons why it was a bad idea to award the Nobel Peace Prize to the EU
1) The reporting on the awarding of the Nobel Peace Prize to the European Union has been substandard in its simplification of perspectives to a “for or against” binary. It has been assumed that a view on the awarding of the prize has correspondingly also been a view...
The Politics of Spinozism – Composition and Communication (Part 2 of 2)
Étienne Balibar approaches Spinoza as a thinker of interaction, of the constitutive character of relations. Spinoza’s question, in Balibar’s view, is the following: ‘What is the mode of reciprocal action that characterizes the existence of a body politic?’
In this respect, the uniqueness of Spinoza is that of taking the movement (both outer and inner, so to speak) of the masses as the object of political science, and not just the legitimacy of sovereignty or the claims of order. (Of course, we may be tempted to ask, to what extent are the masses, or rather the multitude, the subject or object of politics?)
From here derives, in Balibar’s reading, both the centrality and aporetic character of the notion of democracy. Democracy is defined as a ‘united body of men which corporately possesses sovereign right over everything within its power’, as the combination of the reciprocity of duties and the equality of rights. As both Macherey and Negri note, this is not to be understood simply as another figure in a political typology of forms of government, but is an immanent tendency of political life, inscribed in the dynamic of reason and into the vicissitudes of human nature. Or, as Balibar puts it, democracy is both a kind of political order and the truth of every political order. Democracy can also be understood as the power of the multitude coordinated, cultivated and instituted without the imaginary displacement represented by sovereignty, by the alienation of the power of human singularities into the empty and formally unified place of power (the Hobbesian option, as it were). Whence the radical novelty of Spinoza’s question: How does power originate in the multitude? And, one should add, how does it continue and persevere, how is power not just originated, but also continuously constructed, in and by the multitude?
The Politics of Spinozism – Composition and Communication (Part 1 of 2)
As many scholars have noted, Spinoza’s relation to the history and practice of philosophy is unique. Though often portrayed in the academy as a thinker integrated into the ‘rationalist’ tradition, Spinoza has repeatedly emerged as what Antonio Negri famously called a ‘savage anomaly’. Whether in the radical enlightenment of the late 17th and 18th centuries, the Pantheism controversy that played such a formative role within German Idealism, or in the philosophical radicalism catalysed by May 1968, Spinoza has been repeatedly invoked as a point of reference and inspiration at moments when the very meaning of philosophy and its link to the contemporary world was at stake. Toscano’s initial question is therefore the following: How is it that a philosopher renowned for thinking, with supreme detachment, ‘sub specie aeternitatis’, could play such a forceful part in debates over what Michel Foucault called ‘the ontology of the present’? In order to address this matter, Toscano concentrates specifically on the latest ‘wave’ in the long history of Spinozism, and focuses on three thinkers who have played a crucial role in the recent resurgence of interest in the work of the Dutch philosopher: Gilles Deleuze, Etienne Balibar, and our guest in this colloquium, Antonio Negri. More specifically, Toscano is concerned with how Spinoza has served as a spur for these three thinkers in their radical interrogations of the meaning of politics, democracy and the common. He does this by fleshing out three concepts through which Deleuze, Balibar and Negri respectively affirm the relevance of Spinoza’s ontology and ethics to any reflection on the contemporary status of the political: composition, communication and constitution.
On the Militancy of 2011 and the Time of Revolution
New York Police officers attack protesters with batons, pepper spray and horses in an attempt to prevent them from gathering in Times Square. Police officers’ rage is understandable, for in this photograph, we witness angry protesters who have turned the world upside down. What the image suggests is that people are no longer determined by capitalist excess, but determine the conditions that determine them. It shows the interaction between the virtual (a philosophical ideal, revolution) and the actual (angry protesters) that is at war with visible reality (neoliberal capitalism). The image, therefore, captures a moment in which the stability and the certainty of neoliberalism became yesterday’s bad memory. Times Square, the capital of consumerism and the capitalist spectacle, makes a powerful setting for this picture: “shiny walls of towing glass, the citadels of corporate entertainment, dazzle among the giant screens” (Jones, 2011).
The Political Economy of Indigenous Dispossession: Bare and Dispensable Lives in the Andes
The expansion of the extractive industries has, as counterparts, first, the reaction of indigenous communities in the defense of their communal goods (land, water, grazing, etc.), and second, the violent counter-attack of the state through police and military repression, legitimated many times by the of exception (in Peru the “state of emergency”, a kind of state of exception, has been applied by governments in previous years to control socio-environmental protests). Political economy and legal policy are both relevant to this situation and both are functionally connected.
In respect of political economy, let us bring to mind what David Harvey calls “accumulation by dispossession”, which is just the theoretical update of the “primitive accumulation” described by Karl Marx, that is to say: capitalist expansion requires the violent transformation of common goods into commodities in order to be appropriated and then used by exchange mechanisms.
A Tribute to Eric Hobsbawm
‘If one thinker left a major indelible mark on the twentieth century, it was Karl Marx’ Eric Hobsbawm wrote in his last book ‘How to Change the World’ published in 2011. Perry Anderson entitles his review of Eric’s autobiography ‘Interesting Times’, ‘The age of Eric...
Rights and property paradigms: challenging the hegemony
We are delighted to publish the latest editorial of the Journal of Human Rights and the Environment. Now into its third Volume, the Journal provides a fascinating and powerful space for critical legal engagement. The interrelationship of (human) rights and property...
After the Indignation: A Speech from within the Spanish Resistance
Last 25S (25th of Sept) we called to surround the Congress of the members of parliament to rescue it from the kidnapping of the popular sovereignty carried out by the Troika and the financial markets. An occupation executed with the consent and collaboration of most...
LIBOR (and other mythical beasts)
Martin Wheatley, British financial regulator charged with solving the LIBOR crisis, has returned from his Crusade carrying, we are told, a splinter of the True Cross which he assures us is capable of procuring miracles. Not common or garden miracles involving the...
Interview with ‘Bifo’: Reactivating the Social Body in Insurrectionary Times
David Hugill and Elise Thorburn [1] have kindly agreed to publish this extended dialogue with the Italian Autonomist Marxist theorist Franco Berardi - known as 'Bifo'. It has just been released in the Berkley Planning Journal as part of an excellent special issue on...
The sacred dilemma of inoperosity. On Giorgio Agamben’s Opus Dei
With this book, the journey Agamben began with Homo Sacer seems to have come to an end. It was a long road, from the early ‘90s until today, nearly twenty years. An archeology of ontology conducted (with a rigor that not even the bizarre and misleading game of little...
Interview with leader of the Greek Syriza Party: ‘The Euro is a Powder Keg that is Going to Explode!’
Euro or no euro. That was the grand dilemma in which Greece, and in particular, the Syriza movement that you lead, was framed. How do you analyse the period of crisis that Europe is currently undergoing, and which seems to put in question much more than the sacrosanct stability of the euro?
I believe the European model has to be rebuilt from below. We can’t be satisfied with what today is called Europe. The current crisis is not a European crisis but a global one. Europe today does not have the mechanisms to confront it or control the worldwide financial attack against its peoples. Hence why Europe became a continent where the attack of the global financial system was ferocious. We have no defences.
Impressions of the Critical Legal Conference 2012
The Critical Legal Conference (“CLC”) 2012. I thought I’d leave it until a week after the event, to allow time for the dust to settle, before reflecting on the connections between the diverse papers, the intense conversations and my own theoretical preoccupations. It...
Australian government asked to leave aboriginal community
Just over five years ago, on 21 June 2007, Australia’s then prime minister John Howard announced that rates of child sex abuse in the country’s Northern Territory aboriginal communities were so high that they constituted a national emergency. Drawing on the federal...
No Home for Squatters’ Rights: Limitations and Legitimated Violence
As of 1 September 2012, under Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPOA”), it became illegal in England and Wales to squat a residential building. Despite the fact that displacing someone from a building that had obvious signs of being their home without the permission of the legal owner has been illegal since the Criminal Law Act 1977, the necessity for a duplicate law just goes to demonstrate the accelerated deification and reification of individual property rights, over the social utility and sharing of resources held within the philosophy and practice of squatting. This recent shift in media-aggravated legislative change is a definitive move further in favour of the landowner as opposed to those who have no land, and those who support the redistribution of land.
From the White Overalls (Tute Bianche) to the Book Bloc
It seems a century has gone by since the political season of the Tute Bianche (White Overalls), but it was only a little over ten years ago. Ten years in which much has happened. Despite the historical shifts that have taken place in these past ten years, rebellious...
When capitalism is defended with legitimate violence
It has been a long fortnight for South Africa, which has unmistakably shown all the flaws and fallacies of its post-apartheid ‘rainbow nation’, along with the weaknesses of a non-racialist society deeply riddled with economic and social asymmetries. More importantly,...
Returning to Tiqqun: Final Warning to the Imaginary Party Regarding Public Space
Article the first: Public space is intended for the exchange and circulation of commodities. Like all other commodities, people may move about freely within it. Article 2: Public space is space that belongs to no one. What belongs to no one belongs to the State. The...
Judith Butler: ‘I affirm a Judaism that is not associated with state violence’
Yesterday (the 26th of Aug) the Jerusalem Post published an attack on the awarding of a major international prize to Judith Butler, the philosopher and Berkeley professor of comparative literature, because Butler favors boycotting Israel. Butler wrote this response...
KEY CONCEPTS
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