CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Cadaverous Tranquillity: Proscription, Anticipatory Repression and Coleridge

Cadaverous Tranquillity: Proscription, Anticipatory Repression and Coleridge

In December 1795, William Pitt’s government introduced the Treasonable Practices Bill and the Seditious Meetings Bill—the “Gagging Acts” as their opponents called them. They were designed to suppress the radical democratic societies that had flourished in the wake of the French Revolution. The great crime these organisations were deemed guilty of was to demand parliamentary reform and an end to Britain’s wars. Samuel Taylor Coleridge, then a young radical lecturing in Bristol, responded to Pitt’s “reign of alarm” with a pamphlet titled The Plot Discovered. His analysis of what those Bills represented remains strikingly relevant 230 years later, in the context of sustained assaults on democratic rights in Britain today. Writing about the two Acts, Coleridge warned that with their passage ‘[all] political controversy is at an end’. He went on to note, those ‘sudden breezes and noisy gusts, which purified the atmosphere they disturbed, are hushed to deathlike silence. The cadaverous…

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ARTICLES

Elections in Greece and France

Elections in Greece and France

The Eight of May was the Fête de la Victoire in France. It was also the day of François Hollande’s first public appearance as president-elect. The right-wing Le Figaro featured photographs of ‘deux presidents sous l’Arc de Triomphe’, in which Sarkozy managed to look…

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Blockupy Frankfurt!

Blockupy Frankfurt!

- spread existing mobilization materials (send us your address so we can mail you printed flyers and stickers, and here are links to what we already have: http://17to19m.blogsport.eu/materials-2/; http://www.european-resistance.org/en/material/banners…

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Delinking, Decoloniality & Dewesternization: Interview with Walter Mignolo (Part II)

Delinking, Decoloniality & Dewesternization: Interview with Walter Mignolo (Part II)

Christopher Mattison: To continue our earlier discussion about Bolivia in relation to “refunding” or “decolonizing”—you’ve stated on a number of occasions that capitalism or socialism, as they are currently constituted, are not the answers? One of the alternatives that you offer to this issue is “delinking.” Could you expand on what you mean by delinking in this particular instance and how it integrates into modes of dewesternization and the various layers of decolonization? ¶ Walter Mignolo: Let me first re-state that the world is currently moving towards both rewesternization and dewesternization. The political ambition of the US (announced by Hillary Clinton in Honolulu and followed up by President Obama) is to mold the Pacific into the American Century. This is in line with President Obama’s politics of regaining world leadership for the US, which was severely shaken by the presidency of George W. Bush and Dick Cheney. Obama’s famous discourse in Cairo was one of the first moves in this direction. The turn to the Pacific was the second. However, this move came too late because of the growing confidence of the remaining world, most specifically in the Pacific.

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Notes on the ‘Loss of Sovereignty’

Notes on the ‘Loss of Sovereignty’

A standard justification for the cuts to public services, the policy of prioritising the repayment of private speculator debts over funding for hospitals and schools, the policy of converting private speculator debt into sovereign debt, is that ‘we’ have lost our…

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The New Irish Constitution

The New Irish Constitution

Following the Irish Government's decision to modify the constitution of 1937 following a new constitutional convention, the Ice Moon Blog - which has contacts in the highest places in the Irish State - has been able to obtain a secret government memo with a full…

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Debt as a Mode of Governance

Debt as a Mode of Governance

Capitalism has complete control over life: it has “biopolitical” control. In the primitive society, debt is charged through the primitive inscription, or coding, on the body. Blood-revenge and cruelty address a non-exchangist power. In the despotic society, all debts become infinite debts to the divine ruler. In capitalism, all debts finally break free from the sovereign and become infinite by conjoining flows. With capitalism, debt is continuous and without limit: student debt, credit card debt, mortgage debt, medical debt. Whereas in the primitive system debt is incurred through inscription and, in despotism, exercised by divine law, in capitalism “the market-eye keeps a watch over everything”. In other words, the market-eye becomes the new normal that constitutes the biopolitical control around a weightless, infinitely circulating, immortal debt. We now live in the era of debt in which it is the soul of the individual that is imprisoned […]

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Ask not what you can do for your country but what we can do for each other

Ask not what you can do for your country but what we can do for each other

I am thinking of the 77 year old Greek pensioner who took his life earlier today in Syntagma square, Athens. I am thinking of JFK’s 20th of January 1961 inaugural address speech where he uttered these well cited words: “ask not what your country can do for you — ask what you can do for your country.” The Greeks are not Americans. J.F. Kennedy in this inaugural speech was talking about a new world, where poverty, disease and injustice could be obliterated globally and where, “a new world of law, where the strong are just and the weak secure and the peace preserved”. And of course such a world could not be motivated into existence through this speech, nor does it exist […]

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What follows farce?

What follows farce?

At this week's UK Treasury Select Committee hearing on the Budget of 2012, attendees were invited to draw parallels between George Osborne's view of economics and the military stratagems of Field Marshall Haig. It seems that the British Chancellor of the Exchequer…

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Toxic Mega-mining in Mexico: Death and Despoilment 500 Years On

Toxic Mega-mining in Mexico: Death and Despoilment 500 Years On

On 15 March this year, when many families were preparing to get away for the bridge weekend (or in reality the few able to), Bernardo Vázquez Sánchez, leader of the committee of the United Peoples of Ocotlán (Coordinadora de Pueblos Unidos del Valle de Ocotlán, CPUVO) was killed in a shooting that also left Rosalinda Canseco and Andrés Vázquez Sánchez wounded. The gunmen – clearly identified by the community – were sent by the Mayor of San José de Progreso, Alberto Mauro Sánchez who, accused of assassinating another opponent of the mining project on 18 January 2012, is a fugitive from justice. But it was the Canadian mining company, Fortuna Silver Mines (operating in Mexico under the name Minera Cuzcatlán) that was responsible directly for guiding the fingers that pulled the trigger, not to mention the impunity and disdain that holds sway in the administration of Gabino Cué, Governor of the state of Oaxaca […]

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Kettling and the Fear of Revolution

Kettling and the Fear of Revolution

In November 2010, British students staged a series of demonstrations in several cities of the UK and Northern Ireland. Organised by the National Campaign against Fees and Cuts (NCAFC), thousands marched against spending cuts to further education and an increase of the cap on tuition fees by the Conservative-Liberal Democrat coalition government. The 2010 protests have marked something of a turning point in modern British history: the political protest was back. After the 2003 anti-Iraq war protest in London which attracted almost a million people, the 2010 protests showed once more that it is the political protest that shapes the world for the better. But if these protests made dissensus visible, and posited it at the heart of British politics, they also gave police an opportunity to widely use a scare tactic, ensuring that protest against the status quo is effective. The tactic is called ‘kettling’, which so easily turns a legitimate protest into a ‘violent disorder’ […]

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The Muppet Show

The Muppet Show

Greg Smith’s resignation letter in the New York Times yesterday, announcing a bridge-burning departure from his position as Executive Director of Goldman Sachs’ Equity Derivatives Division (Europe, Asia, Africa) certainly brought Wall St. to a relative halt. GS cancelled conference calls and the Goldman Flacks (PR goons) were rounded up to pour scorn on Mr. Smiths allegations as “unrecognisable”.

The importance of the letter was not so much it’s revelation of a eat-what-you-kill culture in which clients are the main course, not even the contention that somehow GS had changed culture – it hadn’t any more than any other investment bank since the Big Bang. The letter was important because it effectively took GS clients’ faces and slammed them against the restaurant window, through which they could now see their GS contact engaged in anthropophagia between raucous tales of how the current dish had of its own volition signed up to sit on the plate […]

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KEY CONCEPTS

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SERIES / SYMPOSIA

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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…