CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Greenland and the Spectre of Dispossession

Greenland and the Spectre of Dispossession

When it came to grabbing territory, the British had effective techniques by the 1960s. Morning-tea at Downing Street could accomplish what a U.S President’s incontinent media posts have been threatening to do with much froth and fury since 2019. The creation of the British Indian Ocean Territory (BIOT) by detaching the Chagos Archipelago from Mauritius was secured when the Mauritian premier Sir Seewoosagur Ramgoolam met Sir Harold Wilson, Britain’s Labour Prime Minister, one morning in 1965. The dispossession of the Chagossians should now serve as a cautionary tale for Greenland, and also cause us to question the primacy being attributed to NATO’s security in current political posturing. In what follows I argue that Greenland, like the Chagos Archipelago, might find itself dismembered and carved up to serve the security interests of Europe. The path to dispossession is being built on the fallacy that the Arctic zone presents a security threat to the U.S and Europe. The true peril…

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ARTICLES

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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The True Blasphemy: Zizek on Pussy Riot

The True Blasphemy: Zizek on Pussy Riot

Pussy Riot members accused of blasphemy and hatred of religion? The answer is easy: the true blasphemy is the state accusation itself, formulating as a crime of religious hatred something which was clearly a political act of protest against the ruling clique. Recall…

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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

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…