CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Greenland between a Rock and a Hard Place

Greenland between a Rock and a Hard Place

Amid US President Trump’s looming take-over of Greenland and attempted coercion of Western allies to agree to this, Western liberal international lawyers and commentators are busy reaffirming Danish sovereignty over the territory. However, an anti-colonial international law intervention during this time of inter-imperial rivalry is not to stand with Denmark, but to stand on the side of the right to Greenlandic self-determination. Recent Developments on Greenland and International Law Following US President Trump’s tariff threats to European states who do not support his acquiring of Greenland, a seemingly bold joint statement was made by European allies that they stand ‘in full solidarity with the Kingdom of Denmark and the people of Greenland’. Danes have taken to the streets, marching through Copenhagen with ‘Hands Off Greenland!’ placards. International Law professor Marc Weller recently indignantly stated on the question of who owns Greenland?: ‘The Danish claim is…

read more

POSTS BY EMAIL

Join 4,978 other subscribers

We respect your privacy.

Fair Access Publisher
(pay what you can, free option available) 

ARTICLES

Signs From The Future

Signs From The Future

So where do we stand now, in 2012? 2011 was the year of dreaming dangerously, of the revival of radical emancipatory politics all around the world. Now, a year later, every day brings new proofs of how fragile and inconsistent the awakening was, with all of its many…

read more
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.

read more
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…

read more
Investment Arbitration: Restricted Area

Investment Arbitration: Restricted Area

W ith a Procedural Order issued on June 26 th, 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…

read more
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.

read more
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.

read more
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…

read more
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…

read more
In solidarity with the Greek People

In solidarity with the Greek People

The response to the financial and economic crisis is the same everywhere: cuts in expenditure and austerity measures under the pretext of reducing deficits and the repayment of a public debt which is the direct outcome of 20 years of neoliberal policies. Governments…

read more

KEY CONCEPTS

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

SERIES / SYMPOSIA

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

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…