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

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...

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ARTICLES

The Need for Public Protest

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.

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The Politics of Spinozism – Composition and Communication (Part 2 of 2)

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?

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The Politics of Spinozism – Composition and Communication (Part 1 of 2)

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.

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On the Militancy of 2011 and the Time of Revolution

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).

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The Political Economy of Indigenous Dispossession: Bare and Dispensable Lives in the Andes

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.

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A Tribute to Eric Hobsbawm

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...

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LIBOR (and other mythical beasts)

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...

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Interview with leader of the Greek Syriza Party: ‘The Euro is a Powder Keg that is Going to Explode!’

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.

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No Home for Squatters’ Rights: Limitations and Legitimated Violence

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.

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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...