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

Crimmigration and the Ontology of Guilt: On Subjectivity and the Negation of Law
The contemporary figure of the foreigner is not judged for what they do, but for the fact of who they are. In regimes of crimmigration, guilt no longer follows the act—it precedes it. It attaches to presence, to mobility, to the mere fact of inhabiting without prior authorization. What emerges is not simply a transformation of migration policy, but a deeper reconfiguration of law itself: a shift in which the juridical order produces subjects already outlawed, already exposed to sanction, already constituted as bearers of guilt. Law does not operate as a neutral framework regulating conduct. It constitutes and maintains order through a force indistinguishable from negation. The juridical order is one in which norm and violence are inseparable, just as law is inseparable from power, and where its force persists precisely because it is indistinguishable from negation. Order is not an affirmative arrangement of social relations; it is sustained through the continuous opposition to what…
ARTICLES
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…
Seven Theses on Human Rights: (6) Desire
Liberal theories from Immanuel Kant to John Rawls present the self as a solitary and rational entity endowed with natural characteristics and rights and in full control of himself. Rights to life, liberty, and property are presented as integral to humanity’s…
‘It is only the beginning, our struggle continues’: #OccupyGezi
It started with hundreds of peaceful protesters resisting the demolition of Gezi Park, one of the very few green spaces left in the center of Istanbul. There are plans to replace it with yet another shopping mall. The disproportionate police response to the peaceful…
Seven Theses on Human Rights: (5) Depoliticization
Rights form the terrain on which people are distributed into rulers, ruled, and excluded. Power’s mode of operation is revealed, if we observe which people are given or deprived of which rights at which particular place or point in time. In this sense, human rights…
Seven Theses on Human Rights: (4) Universalism & Communitarianism are Interdependent
[image style="polaroid"]https://criticallegalthinking.com/wp-content/uploads/2013/05/Guernica-Sun.jpg[/image] The debate about the meaning of humanity as the ground normative source is conducted between universalists and communitarians. The universalist claims that…
Boston Marathon Bombings: the Emergency Declaration as a State of Exception
At the end of the 60s, American artist Martha Rosler produced a series of photomontages titled House Beautiful: Bringing the War Home. One of those images, “Red Stripe Kitchen”, shows two GI soldiers rummaging through the immaculate kitchen of what looks like a…
A Boycott of Academic Ranking Systems?
Universities and institutions of higher education across the globe are being impacted by structural change, guided by principles of the entrepreneurial university. The imposition of New Public Management principles means that universities are increasingly being…
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