CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Blog Carnival: Aesthetics and Counter-Aesthetics of International Justice

Blog Carnival: Aesthetics and Counter-Aesthetics of International Justice

The politics of aesthetics are at the heart of Rob Knox and Christine Schwöbel-Patel’s energetic edited collection Aesthetics and Counter-Aesthetics of International Justice brings together a diverse group of scholars, practitioners, and artists. The editors approach the aesthetics of international justice in terms of tactics that can be deployed for good and ill.  Essays in the first half of the collection interrogate hegemonic tactics. The anaesthetising, romanticising, distracting, and otherwise legitimising use of aesthetic objects in service of the status quo and the even worse. Contributions in the second half consider and enact counter-aesthetics, which “shift[] the dominant gaze or frame” (144) and “tak[e] the side of the downtrodden” (151). As well as essays, counter-aesthetic contributions include poems, parables, and graphic narratives, which the editors read through three counter-aesthetic tactics: rupture, détournement, and solidarity aesthetics. None of...

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ARTICLES

A European State of Prolonged Emergency

A European State of Prolonged Emergency

If we look at the post-2008 history of European and Member States’ legislation, we can clearly perceive the emergence and consolidation of a discourse of crisis and necessity, which has been used to abandon existing legal constraints and to dismantle the boundaries provided by the structure of the EU. Fortified by a narrative of apocalypse, illegality has been transformed into lawfulness.

Considering the famous 2009 judgment of the Federal Constitutional Court (Bundesverfassungsgericht) in Germany, we can affirm that according to the fundamental Treaties:

‘the European Union must comply with democratic principles as regards its nature and extent and also as regards to its own organisational and procedural elaboration. This means firstly that European integration may not result in the system of democratic rule [in Member States] being undermined. […]

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Elections in Greece and France

Elections in Greece and France

The Eight of May was the Fête de la Victoire in France. It was also the day of François Hollande’s first public appearance as president-elect. The right-wing Le Figaro featured photographs of ‘deux presidents sous l’Arc de Triomphe’, in which Sarkozy managed to look...

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Blockupy Frankfurt!

Blockupy Frankfurt!

MOBILIZATION- create digital and paper mobilization materials! post these online and share the links. - spread existing mobilization materials (send us your address so we can mail you printed flyers and stickers, and here are links to what we already have:...

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Delinking, Decoloniality & Dewesternization: Interview with Walter Mignolo (Part II)

Delinking, Decoloniality & Dewesternization: Interview with Walter Mignolo (Part II)

Christopher Mattison: To continue our earlier discussion about Bolivia in relation to “refunding” or “decolonizing”—you’ve stated on a number of occasions that capitalism or socialism, as they are currently constituted, are not the answers? One of the alternatives that you offer to this issue is “delinking.” Could you expand on what you mean by delinking in this particular instance and how it integrates into modes of dewesternization and the various layers of decolonization? ¶ Walter Mignolo: Let me first re-state that the world is currently moving towards both rewesternization and dewesternization. The political ambition of the US (announced by Hillary Clinton in Honolulu and followed up by President Obama) is to mold the Pacific into the American Century. This is in line with President Obama’s politics of regaining world leadership for the US, which was severely shaken by the presidency of George W. Bush and Dick Cheney. Obama’s famous discourse in Cairo was one of the first moves in this direction. The turn to the Pacific was the second. However, this move came too late because of the growing confidence of the remaining world, most specifically in the Pacific.

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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...