CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Law & Critique: Green Grabbing and Constitutional Resistance in Mexico’s Lacandon Jungle

Law & Critique: Green Grabbing and Constitutional Resistance in Mexico’s Lacandon Jungle

We are working with the leading critical legal journal Law & Critique to bring their brilliant output to a broader audience. Many of the papers published with Law & Critique will be accompanied by a shorter discussion on Critical Legal Thinking. In this case, please check out Anna, Julia, Alberto and Franklin’s full article which is available open access on the Law & Critique site. What happens when the protection of nature becomes a justification for dispossessing the people who have lived with, cultivated and cared for it for centuries? And what happens when those communities refuse to accept the premise that environmental protection is something that must be imposed upon them by the state? Across the world, the escalating ecological crisis has lent new urgency to governmental efforts to protect biodiversity, restore forests and conserve endangered ecosystems. Yet the politics of environmental protection are rarely as benign as the language of conservation might suggest. Behind…

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ARTICLES

Illegality and Law-full-ness

Illegality and Law-full-ness

A week before the 13th Berlin Biennale’s opening in June 2025, a social media account took to criticizing Biennale curator Zasha Colah’s contention, made in a recently published interview, that “there is no censorship in Germany”. The social media response was a…

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CfP: Critical Legal Conference – Exeter

CfP: Critical Legal Conference – Exeter

The Call for Papers for this year's CLC will remain open until the 31st of July. Please read the full description below. If you would like to participate – send short abstract of your proposed paper to the stream organisers (as mentioned under their stream heading).…

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Some Points about Contemporary Fascism

Some Points about Contemporary Fascism

We are delighted to repost Brian Massumi's latest essay, first published on his new Substack. The maturation of the modern nation-state coincided with a progressive becoming-immanent of power to the social field. Concepts such as disciplinary power, governmentality…

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Mandate 2.0

Mandate 2.0

The word Mandate here refers to the arrangement by which the fate of the people in Palestine was handed to European colonial powers a century ago. A rereading of the Mandate at this time becomes a necessary act. Towards that, I distinguish between a Mandate 1.0 and a…

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The Age of Lawiness

The Age of Lawiness

As the bold “TED” logo dissolves into a flurry of red dots, a slightly nasal voice asks us to examine a picture and consider the puzzle it presents. ‘These African students are doing their homework under streetlights at the airport in the capital city because they…

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German Staatsräson means deportation?

German Staatsräson means deportation?

Germany has joined other nation-states – such as the US and Greece – in the repression via deportation of political action against their respective governments’ ongoing material and ideological facilitation of Israel’s genocide in Palestine. The specificity of the…

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Forming the Legal Humanities Association

Forming the Legal Humanities Association

In late 2021, a small group of legal scholars began a discussion about possibly setting up a new academic association for law and humanities research which would be registered in the UK, but open to people around Europe and the world. This led to a small, reflective…

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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…