CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Reclaiming the Ground: Lawful Expropriation and Land Justice in South Africa

Reclaiming the Ground: Lawful Expropriation and Land Justice in South Africa

Colonialism rarely dies; it mutates. Its uniforms change—from khaki to suits, from passbooks to policy papers—but the arrangement it protects remains the same: some live on the land, others live off it. Post-apartheid South Africa knows this intimately. Political rights were won; material power was not. Three decades on, the democratic state is asked to perform a contradiction: celebrate equality while administering an economic geography built to deny it. The debate over land reform—especially over compensation below market value, and in narrow cases at nil—turns on whether we still seek permission from the very market that grew fat on dispossession. Frantz Fanon warned that colonialism is not only a system of force; it is a pedagogy that trains the colonized to accept the master’s ledger as the measure of justice.[1] If decolonization begins with unlearning that pedagogy, then the first act is conceptual: stop asking the market to ratify the undoing of the market’s crimes. The...

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ARTICLES

The Irish Crisis

The Irish Crisis

In recent months the Irish crisis has disappeared from the international news. But that has not stopped the crushing cuts. Last sunday night the Taoiseach (the leader of the executive) addressed the nation. On monday and tuesday, an exceptional two-day budget was...

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Occupy Utrecht Statement

Occupy Utrecht Statement

This statement expresses the vision and goals set by Occupy Utrecht (The Netherlands) in solidarity with all Occupy movements across the globe. Occupy The global Occupy movement consists of people who have spontaneously come into action for worldwide economical and...

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Occupy Wall Street as a Node of Resonance

Occupy Wall Street as a Node of Resonance

The North American insurrection began when a handful of people occupied public space and began producing resonance. This is the material force that toppled three political regimes in North Africa and can only be produced by multitudes coming together on the streets....

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A Dictionary of Policing Protest

A Dictionary of Policing Protest

This is the second installment of the dictionary. I felt we needed new terms to help us describe the increasing intimidation of protesters in the UK. Kettle of First Resort: The use of ‘containment’ – holding people against their will and without intention to charge...

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Be Unrealistic, Demand the Possible

Be Unrealistic, Demand the Possible

There is a specter haunting Wall St, the specter of a people. We've got them spooked—that unholy alliance of closet fascists and pseudo-liberals who deny we exist: Bloomberg and Fox News, David Brooks and Larry Summers. Its high time that we speak for ourselves, that...

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The Final Blackmail of Baron Papandreou

The Final Blackmail of Baron Papandreou

The unexpected announcement by Greek PM Papandreou yesterday that he is to call a referendum and ask people to vote about the October 24 agreement is the opening salvo in the endgame of the Greek tragedy. Is this extraordinary gambit a genuine request for a popular...

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The Right to Protest

The Right to Protest

On 27 October the case against me for breeching Section 4 of the Public Order Act was dismissed less than half way through the hearing. The case arose out of the protest against David Willetts back in June. In total four people were arrested at that protest. The...

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Heirs of Marx

Heirs of Marx

The 1996 book The End of Capitalism (as we knew it): A Feminist Critique of Political Economy authored by the duo (as one) of Katherine Gibson and Julie Graham (J.K. Gibson-Graham) spelt out the ways in which certain types of thinking have warped our thoughts on...

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The Indictment

The Indictment

The workers of a small bakery and corner shop in central Athens announced yesterday (Weds) that while they would not close because they are serving many vulnerable people they are joining the 2-day general strike by charging all products at cost. It must have been an...

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Letter to Occupy Together Movement

Letter to Occupy Together Movement

I wish I could start with the ritual "I love you" which the Occupy Movement is supposed to inspire. To be honest, it has been a space of turmoil. But also, virulent optimism. What I outline below are not criticisms of the Occupy movement. I am inspired that the...

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Occupying Uncertainty

Occupying Uncertainty

There is a clear link between the coffee I drink in the morning and the opportunity of the daughter (or son) of the coffee farmer of being able to go to school or being left to work the fields for subsistence. It makes me wonder whether I should drink coffee or rather...

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Reflections on 9/11

Reflections on 9/11

Presentation at “The Other 9/11,” Pace University, September 9, 2011. In my remarks tonight, I want to reflect on the significance of 9/11 for us today, and by “us” I do not simply mean the citizens of the United States, although they will be the focus of my address....

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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...