CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Militant Democracy as Neurosis

Militant Democracy as Neurosis

Walter Benjamin invites us to think language in a radically different way: not as a neutral medium of communication, but as something living, something creative. For him, language is not exclusively human: everything that exists speaks. It may do so through gesture, through form, or simply through presence. In short, everything expresses itself. Humanity occupies a distinctive position within this field: human beings do not merely speak, they are capable of naming – and in naming, they bring the world into being. Act of Creation Benjamin therefore reads the Book of Genesis as a moment of linguistic philosophy: “And God said, ‘Let there be light,’ and there was light” (Gen. 1:3). In the Gospel of John, this linguistic act is rendered even more explicit: “In the beginning was the Word” (John 1:1). The Word is the point of origin of all things. Naming, then, is not simply descriptive; it is world-making (Benjamin 1977, 140-157). In other words, naming draws things out of the unnameable…

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

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%…

read more
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…

read more
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…

read more
“Wendland am Main” – Blockupy to return

“Wendland am Main” – Blockupy to return

One week after the Blockupy protests the Blockupy Alliance has concluded that the event was on balance a success – despite the ban. So much so, that the activists have announced their return to Frankfurt, and to turn it into what the German left call a “Wendland”, referring to the Free Republic of Wendland, a protest camp established in Gorleben, Germany on 3 May 1980 to protest against the establishment of a radioactive waste dump there.
Although almost all Blockupy actions were recently banned by the authorities – the organisers will not be discouraged: “We have decided in the alliance that this goes on,” said the regional chairman of the Left Party (Die Linke), Ulrich Wilken, on Thursday in Wiesbaden. In the autumn, a congress critical of capitalism in Frankfurt is being planned.

read more
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. […]

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…