CRITICAL LEGAL THINKING
LAW AND THE POLITICAL
CRITICAL LEGAL THINKING
LAW AND THE POLITICAL

The Outframe: How International Law’s Core Excludes Its Margins
International law is frequently represented as universal, neutral, and inclusive; however, from its inception, it has been influenced by, and primarily serves, a limited group of states historically categorised as "civilised.” This hierarchy is subtly embedded in foundational instruments such as Article 38(1) (c) of the International Court of Justice (ICJ) Statute, which prioritises norms established by this elite community and positions them as globally applicable. Consequently, the outcome is not an impartial legal framework, but rather a curated paradigm, one that delineates legitimacy, marginalises the peripheral, and consolidates authority through exclusion. Nevertheless, legal considerations extend beyond the confines of this framework. Outside of it exists what may be termed the Outframe: a juridical realm occupied by states, peoples, and principles that are regarded as unworthy of full acknowledgement. The Outframe does not represent lawlessness or absence; instead,...
ARTICLES
The End of Sovereignty, in North Africa, in the World
Spare a thought for Alain Badiou. He must be busy tending to the sensitive instruments of his evento-graph. As with the seismographs of late – all ‘revolutionary event’ detectors have had a busy time. The anticipation must also be difficult to bear. Syria is...
War, Apparatus, Witness
Jean-Luc Nancy’s Philosophical Chronicles, published in 2004, and originally broadcast over eleven months on France Culture radio with the intention to connect ‘philosophy with several nodes of contemporary life’ (xi). One of these chronicles (‘28 March 2003’) was...
Imperial Velocities & Counter-Revolution
Just when the state velocities of the Gaddafi regime were outpacing, outmaneuvering, and routing the Libyan insurgency, they were hit hard and slowed down by the much faster and more powerful air velocities of the imperial military machine. The waves of jets taking...
Excitable Speech: Shell to Sea & Joking About Rape
Give me your name and address and I’ll rape you. [All laugh] --- Unidentified Garda Sergeant Shell to Sea is an organisation operating in the west of Ireland which was formed to take direct action in protest against the Corrib Gas Project. It is widely known and...
Return of Revolutions?
From Iran, Bahrain, Yemen, Jordan, and Syria to the countries of North Africa, such as Tunisia, Egypt, and Libya, the anger, the desire to change the unbearable reality, the mass movement, and the process of reorganization of the political space are all present. What...
Philosophers at War
In times of confrontations between explicitly material interests, and in the absence of any real public debate involving the Italian Government (busy protecting the orgy of power), what could be better than a proper exchange between internationally-renowned...
The Russian Revolution, as covered by Sky
In the wake of the first Russian Revolution in March 1917, let’s survey some of the media coverage. Sky News -There are fears in London tonight over just who will come to power in the wake of this week’s events in Petrograd. Just days after US President Wilson...
Exception, Precariousness, Power & Authority: irregular migrants in Australian law (Pt. 2)
<<< Part I State of exception, resurgent sovereignty? The Australian government has attempted to assert that the entire RSA process is an exercise of non-statutory executive power and as such, status assessors and independent reviewers are under no obligation...
The Resistible Attraction of War
The military intervention in Libya has been met with a chorus of approval in France, resounding from all the parties represented in the Parliament, as was the case for the war in Afghanistan, as well as from various commentators. Everyone says that France has just...
The Great Libyan Distraction
The entire Libyan conflict of the last month – the civil war in Libya, the U.S.-led military action against Gaddafi – is neither about humanitarian intervention nor about the immediate supply of world oil. It is in fact one big distraction – a deliberate distraction –...
Alain Badiou, Jean-Luc Nancy, France, Libya and Me
In Alain Badiou’s open reply to Jean-Luc Nancy, he chides Nancy for falling into the trap that the NATO attacks on Libya were in any way designed to rescue the insurgents of Benghazi. Badiou is amazed that someone so informed about geopolitics, and the covert agenda...
Alain Badiou’s reply to Jean-Luc Nancy
The following is Alain Badiou's full reply to Jean-Luc Nancy's "What the Arab peoples signify to us". With many thanks to Verso Books UK. Yes, dear Jean-Luc, the position you adopt in favour of ‘Western' intervention in Libya was indeed a sorry surprise for me. Didn't...
Transitory persons, precarious lives: irregular migrants in Australian law (Part 1)
As workers and students were occupying and rioting across Europe in December last year, activists in Australia were again mourning the tragic loss of life of undocumented migrants.[1] On the 15th of December a boat carrying 100 asylum seekers was wrecked against rocks...
Thinking of Political Violence: a minor commentary on March 26th 2011, London
Events, by definition, are occurrences that interrupt routine processes and routine procedures; only in a world in which nothing of importance ever happens could the futoroligists’s dream come true. No one engaged in thought about history and politics can remain...
What the Arab peoples signify to us
The Arab peoples are signifying to us that resistance and revolt are with us once again, and that history is moving beyond History. They are doing it, as is appropriate, with all the fortune and misfortune that it involves. At the very least they have sent an...
In the light of today’s questions
We learn from David Cameron that Muammar Gaddafi ‘has lied to the international community,’ Sarkozy, in more poetic vein, suggests a ‘murderous madness’ which must be stopped, and Gaddafi himself, last night (22 March), criticises the commencement of a ‘new Crusader...
Use of Private Law to Control Student Occupations
I have been wondering about teaching one of the secret lives of private law; the use of the law of tort, contract and equity to regulate on-campus student protest. There is a growing online archive - of blogs, media reports and university press releases - which...
Human Rights for Corporations: The Death of Democracy?
Miraculous you call it babe You ain't seen nothing yet They've got Pepsi in the Andes McDonalds in Tibet (Roger Waters, Amused to Death) In the case of Citizens United v Federal Election Commission 130 S.Ct. 876 (2010) the United States Supreme Court, its highest...
The Speed of Revolutionary Resonance
The current wave of revolutionary insurrections seems to be the fastest in history. Revolutions always come in waves, but insurgent shockwaves that once expanded across continents over years or months are now making states crumble, one after another, in a matter of...
Punk, Law, Resistance … No Future: Punk against the Boredom of the Law (3 of 3)
Boring life What a boring life /How could anyone surviveBoring life.(The Slits, "A Boring Life") Punk spoke not of ideals and dreams but of boredom. For punks, the 1960s hippie dream was dead and the socialist utopias were as boring as the ideologies of the law and...
Punk, Law, Resistance … No Future: Punk against the Boredom of the Law (2 of 3)
My new rose, lets go Hey ho, let's go Hey ho, let's go [...] They're piling in the back seat They're generating steam heat Pulsating to the back beat The Blitzkrieg Bop. (Ramones, “Blitzkrieg Bop”) Even if the lyrics of punk did not always address political issues or...
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