CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

A Preliminary Report on the Academic Office of Principal and Vice Chancellor

A Preliminary Report on the Academic Office of Principal and Vice Chancellor

On 26 June 2025, Prof Iain Gillespie publicly accepted that he was ‘incompetent’ in his execution of the office of Principal and Vice Chancellor of the University of Dundee.[1] The surprise revelation of a roughly £30 million deficit at the Scottish university in November 2024 had been widely reported, and indicated a lack of institutional awareness of the financial challenges the University of Dundee was facing. This, in turn, triggered the engagement of Scottish Government with Dundee’s financial governance and recovery (a process that remains on-going),[2] including the completion of an independent public investigation into the accounting and governance processes that led up to the deficit being discovered. This investigation resulted in the damning Gillies Report, a detailed work of forensic accountancy that documents the collapse of financial governance at the institution.[3] Given this report, and the live-streamed three-hour grilling of Prof Gillespie by the Scottish...

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ARTICLES

Capturing The Social Sciences: An Experiment in Political Epistemology

Capturing The Social Sciences: An Experiment in Political Epistemology

According to the title that identifies this panel, we are here to enter into a discussion around the productive powers of something called “critical theory”. At first sight, critique and productivity might strike anyone as being opposite terms. Isn’t critique related to a certain form of negativity? To saying “no” to power? And isn’t the demands for capitalistic “productivity” what some of us criticise, or at least attempt to do so?

The title of this panel, however, seems to put such a taken-for-granted relationship at risk. “The Productive power of critical theory”– can we think of a productive criticality? or a critical productivity? What might it mean to engage in a form of critical-productive thought and how might such engagements contribute to challenging and transforming our knowledge-practices within the social sciences and the humanities? These are some of the questions with which I will attempt to experiment in what follows.

To be sure, these questions are not new, and many researchers and thinkers in the social sciences and the humanities are becoming increasingly interested in them, to the extent that arguably none of the latest so-called turns within these fields, be it the “ontological turn”, the “practice turn”, the “affective turn” and so on, leave the question of the relation between critique and productivity untouched.

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LIBOR: City absolutism and raison de marché

LIBOR: City absolutism and raison de marché

What's the difference between Monaco and the City of London?  One is a micro-territory governed by absolute fiat, hollowed out by property speculation, gambling, and the concealment of great crimes of wealth, and the other is Monaco. In case your wondering, Monaco...

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Investment Arbitration: Restricted Area

Investment Arbitration: Restricted Area

With a Procedural Order issued on June 26th, an ICSID Arbitral Tribunal has made a decision concerning an amicus curiae petition filed on 23 May 2012 by an ensemble of Petitioners formed by an international NGO and four Zimbabwean indigenous communities. Reversing the...

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Civil Disobedience — Between Symbolic Politics and Real Confrontation

Civil Disobedience — Between Symbolic Politics and Real Confrontation

Some consider civil disobedience too radical; an attempt to procure political power under the mantle of moral principles or a one-sided renunciation of the duty to obey and uphold the law, and that is not to be tolerated. Citizens in functioning democracies must limit themselves to the legally sanctioned possibilities available to them for expressing dissenting views and influencing the political process. From this perspective, civil disobedience is little more than political blackmail. Others consider it an impotent expression of a reformist yearning for cosmetic changes within the given system; as a socially permissible and harmless protest of well-intentioned citizens that remains purely symbolic and only contributes to stabilizing prevailing relationships.

This essay attempts to show that both of these widespread views fail to fully address the specific characteristics of civil disobedience as a genuinely political and democratic practice of contestation. To present these specifics in detail, it is first necessary to define civil disobedience. Second, I situate this form of political practice between the opposing poles of symbolic politics and real confrontation. In a closing remark, I briefly examine the role of civil disobedience in representative democracies.

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Brutality on World Refugee Day – Ireland

Brutality on World Refugee Day – Ireland

Yesterday another mass deportation to Nigeria took place after many Direct Provision centres were raided by the Garda National Immigration Bureau (GNIB) early in the morning. We have been informed that people including women and children were taken in Carrick-on-Suir, Cork and Portlaoise.

Out of desperation, a woman called Adekemi tried to harm herself with a knife while she was being takenfrom her room. After having dragged her outside almost naked from the waist up, the police pepper sprayed her, beat her severely, and handcuffed her in front of early age children who were visibly distraught. As she had recently undergone a serious stomach surgery, the scar opened and started bleeding while she was being beaten. Adekemi was then hospitalised, but after a short time she was brought back to the hostel, and together with her three children she was taken to the airport by the GNIB for deportation.

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The Greek Crisis as Racketeering

The Greek Crisis as Racketeering

Sociologist Charles Tilly drew a compelling analogy between the state as the place of organised means of violence, and racketeering. He defined the racketeer "as someone who creates a threat and then charges for its reduction", in order to gain control and consolidate...

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Declaration: Hardt & Negri

Declaration: Hardt & Negri

This is not a manifesto. Manifestos provide a glimpse of a world to come and also call into being the subject, who although now only a specter must materialize to become the agent of change. Manifestos work like the ancient prophets, who by the power of their vision...

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In solidarity with the Greek People

In solidarity with the Greek People

For joint actions around the Greek elections, and for large Euro-Mediterranean’s mobilizations in autumn 2012! The response to the financial and economic crisis is the same everywhere: cuts in expenditure and austerity measures under the pretext of reducing deficits...

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The Irish Referendum: Fear Prevails

The Irish Referendum: Fear Prevails

The result of the referendum on the Fiscal Treaty that took place yesterday in Ireland was a Yes in favour of the constitutional change that allows the neoliberal measures contained in the Treaty to implemented. There was a very low level of participation: around 50%...

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Anorexia and the Political

Anorexia and the Political

Stretched across the critique: have we lost connection with each other? Have we lost a sense of grounding as critical legal scholars? However we frame this question, it goes to the heart of a fear that critical thought is not in touch with any reality. Some paper...

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The legal market has its Lehman Bros. moment

The legal market has its Lehman Bros. moment

As partners and associates of 190 equity partner US law firm Dewey & LeBoeuf filed out of their 6th Ave. New York office, cardboard boxes of desk clutter in hand, one could not help noticing the similarities with the images of the collapse of Lehman Bros. The...

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KEY CONCEPTS

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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...