CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

One’s own morality as the highest court: A variation on Hegel’s concept of international law 

One’s own morality as the highest court: A variation on Hegel’s concept of international law 

Whether international law constitutes an independent legal domain endowed with sanctioning power with regard to its subjects is a question that has resurfaced in nearly every crisis that has emerged within the post Cold War new world order, and one that has most often been answered in the negative. Unsurprisingly, in a significant portion of such triggering events, the politically decisive yet legally immune subject has been the United States of America. The newly shaped aggressiveness in the field of international relations that began with Donald Trump’s second term, along with the singular acts resulting from this aggressiveness, has once again rendered this longstanding issue debatable in the eyes of legal scholars. The abduction of the Venezuelan president from his own country in a manner resembling a domestic criminal investigation, followed by the declaration that Venezuela would be “ruled” by the United States; the assertion that Greenland constitutes a strategic security…

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ARTICLES

The Amazon Archipelago

The Amazon Archipelago

On Wed­nes­day night prime Ger­man tele­vi­sion chan­nel ARD broad­cast under­cover report­age con­cern­ing the treat­ment of for­eign work­ers at Amazon’s huge dis­tri­bu­tion ware­house near Bad Hersfeld in cent­ral Ger­many. State par­lia­ment­ari­ans called the report “unspeak­able”, “shock­ing”, “bey­ond the pale”, and the Left Party spokes­per­son stated:

“We call on the state gov­ern­ment to carry out promptly and with all at its dis­posal checks of the complainant’s social secur­ity fraud, the use of an appar­ent neo-​Nazi secur­ity com­pany through Amazon and the inhu­mane place­ment in a so-​called ‘resort’”.

Bad Hersfeld backs up against the old bor­der with East Ger­many at the point, the Fulda Gap, which the US determ­ined was the prime stra­tegic entry point for Soviet forces in any inva­sion of Europe. As a con­sequence this wooded up-​country became a back­wa­ter of barbed wire and check­points after the war. It is here that Amazon has had built one of its massive dis­tri­bu­tion centres for Ger­many, and it is here that under­cover report­ers infilt­rated.

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Reclaiming Democracy: An Interview with Wendy Brown on Occupy, Sovereignty, and Secularism

Reclaiming Democracy: An Interview with Wendy Brown on Occupy, Sovereignty, and Secularism

Celikates & Jansen: Let us start with a gen­eral ques­tion about the cur­rent state of demo­cracy. In your con­tri­bu­tion to the book Demo­cracy in What State you write: ‘Ber­lusconi and Bush, Der­rida and Balibar, Italian com­mun­ists and Hamas — we are all demo­crats now’. There seem to be two pos­sible responses to this dia­gnosis of an exal­ted dis­course of demo­cracy that seems to accom­pany, and even to be func­tion­ally inter­twined with, the mul­tiple pro­cesses of de-​democratization that you also describe in this art­icle that we wit­ness in our soci­ety: either we could give up the word demo­cracy because, being hijacked by its enemies, it no longer func­tions as a crit­ical and eman­cip­at­ory altern­at­ive, (it has become a ‘neo­lib­eral fantasy’ as Jodi Dean has argued), and to look for other con­cepts, e.g. com­mun­ism. So that’s one pos­sible reac­tion. The other reac­tion would be to fight for the word and to insist on the gap between a rad­ical under­stand­ing of demo­cracy and its lib­eral demo­cratic, low-​intensity state-​form mani­fest­a­tions, and to emphas­ize how demo­cracy is inter­twined with rup­ture, oppos­i­tion, res­ist­ance. Could you sketch your pos­i­tion in this debate?

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The Wealth Clock

The Wealth Clock

A group of German trades unions, academics, and militants have attempted to seize back the clock as a powerful mode of political expression with their “Wealth Clock”. It seems to be a direct response to the relative success of the US’s National Debt Clock, instituted in the late 80s by property developer Seymour Durst, in impressing into the public consciousness the claimed urgency of dealing with the US national debt, as a route to neoliberal austerity measures. Leaving aside the many arguments that can be levelled against Durst’s fears, the image of a constant up-ticking of a national debt has had its echoes in European states, not least Britain and Germany as flag-bearers for austerity.

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Slovenians Demand Radical Changepr

Slovenians Demand Radical Changepr

During the closing months of 2012, Slovenia has seen a series of mass popular protests. Thirty thousand demonstrators gathered on November 17 for the first protest, organised by trade unions, students, and organisations of retired people and artists. Dozens of…

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Compliance: The Uncomfortable Reality of Docile Bodies

Compliance: The Uncomfortable Reality of Docile Bodies

The movie ‘Compliance’ is disturbing on many different levels, and left me with a feeling of extreme discomfort, and even disorientation, long after the credits rolled, no less because it is based on true events, referred to by the American media as the “strip search prank call scam’. As the story unfolds in the movie in the same sequence as it did in reality, Sandra, the manager of an Ohio “Chickwich” fast-food outlet, receives a call from a man falsely claiming to be a police detective. Referring to himself as “Officer Daniels” or “Sir”, he accuses a young female cashier, Becky, of stealing money from a customer. He then enlists Sandra’s assistance in physically detaining Becky in the store room of the outlet and strip-searching her. Sandra and two other employees are caught up in events that become increasingly unsettling, escalate throughout, and ultimately culminate in the degrading sexual abuse and humiliation of Becky by Sandra’s boyfriend, Van.

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Law: Jean-Luc Nancy

Law: Jean-Luc Nancy

Following on from my Impressions of the Critical Legal Conference 2012, in which I proposed a return to thinking in terms of definitions of law (emphasis on the plural), I here offer a version of my forthcoming entry on ‘Law’ for The Nancy Dictionary (Edinburgh…

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Greece and the Future of Europe

Greece and the Future of Europe

Delivered at The Southern Europe Crisis and Resistances, Birkbeck Institute for the Humanities, 25 November 2012. Listen to the free podcast. In the summer of 1918, Constantin Cavafy met E. M. Forster in Alexandria. Cavafy compared the Greeks with the English. The…

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Human Rights or a Bill of Rights?

Human Rights or a Bill of Rights?

The debate over the future of the Human Rights Act ('HRA') has been somewhat surreal. The Labour position is schizophrenic. Labour introduced the Act but was justifiably accused of violating most of its principles in its obsession with security. But schizophrenia is…

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Why Israel Desires to be Hated by Palestinians

Why Israel Desires to be Hated by Palestinians

Yet another massacre is unfolding in Gaza, the largest prison in the world.* We are surrounded by familiar chatter: ‘Israel’s right to defend itself’; ‘ Palestinians’ legitimate resistance to (the 1967) occupation’; ‘who started it this time?’ Most insidious…

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The Children of Gaza Have Names

The Children of Gaza Have Names

I wake up in the middle of the night to go check on my child. She breathes, she makes little sleep-noises. I leave the room. Again, half-an hour later I go back to check if she is alright. If she still breathes. I go back again and again through the night because…

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KEY CONCEPTS

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SERIES / SYMPOSIA

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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

2017 marked the 25th anniversary of Peter Fitzpatrick’s The Mythology of Modern Law. An eloquent and incisive critique of Occidental law’s pretensions to secular origins, Fitzpatrick’s text remains of prime significance to scholars engaged with the constitutive forces of race, racism, and colonialism in the structure and political, philosophical and psychoanalytic imaginaries of modern law.

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 notion of biopolitics, as it was formulated by Michel Foucault, has been a very important…

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 o’clock. When he comes back, the baker unveils a beautiful S cake, but the man is…

Law is a Fugue

Law is, metaphorically speaking, a fugue. This metaphor is intended to compare law with the form, structure, and spirit of fugue, and by doing so to provide yet another way to (partially) reveal the nature of law. The fugue is the highest point of contrapuntal development in Western tonal music. The word “contrapuntal” comes from contrapunctum…

Jacques Derrida: Deconstruction

Key Concept 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 construction of meaning. From this early work, and later works in which he has attempted to explain deconstruction to…

Cupcake Fascism: Gentrification, Infantilisation and Cake

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 makes your fingers sticky. The cupcake is none of these things; that is, it possesses none of the…

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 capitalist venture of the neo-liberal project. What appears at first glance to be 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

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 in the birth of the nation-state, the rise of capitalism, and a Twentieth Century of unprecedented wars. 2. Most…

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 exceptionally succulent off the bone ham sandwich at the roast carvery section. You…

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 partition plans and political programs and then turned into a sealed ghetto…

Punk, Law, Resistance … “I have set my affair on nothing”

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 about your age, it defined a generation, and I belong to the punk generation. It defined…

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 presences (belonging to both states and corporations). They have continued to…

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 ontologically, politically, morally, the two are involved in a zero-sum game. In this…