CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Discretionary Symbolism: An Analysis of Trump’s Policies for Latin America and Beyond

Discretionary Symbolism: An Analysis of Trump’s Policies for Latin America and Beyond

The international policies of the second Trump administration have caused quite an upheaval. From raising trading tariffs to (supposedly) ending wars efforts – while at the same time bombing small boast and sanctioning judges, it has not been easy to understand it. In many European countries it is now common to find institutional analysis explaining the current Trump administration international strategy as breaking apart from most of the historical US formal alliances and commitments. But I want to contribute with these reflections proposing something different: these policies are not breaking apart from previous US international strategies. They are, in fact, reenacting it. And Trump’s strategies to Latin America illustrate that well. I don’t believe that Trump’s policies for Latin America are completely new. In fact, I believe these policies try to mimic older American doctrines for the region – which is somehow coherent with his electoral campaign slogan, “Make America Great…

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ARTICLES

Revolutionary Possibility Today

Revolutionary Possibility Today

I am proudly part of a generation whose life was framed by a revolutionary commitment to socialist alternatives to capitalism, which for me always included struggles against racial and sexist oppression. Many of my generation—I was a teenager during the 1960s—have…

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Who’s Breaching Whose Peace?

Who’s Breaching Whose Peace?

On 14 April 2011, the High Court of England and Wales ruled, in R (on the application of Joshua Moos and Hannah McClure) v The Commissioner of the Police of the Metropolis, that the police had acted unlawfully in “containing” (aka kettling) certain G20 protestors on…

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What Kind of Law is This?

What Kind of Law is This?

Many aspects of the Libyan situation remain unclear: the scope of the mandate given to UN member states by Security Council Resolution 1973, the broader aims of the intervention, how many civilians have been killed and by whom, and who the rebels represent. One…

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Law and Infinite Debt

Law and Infinite Debt

In his critique of free will, Spinoza’s first argument against his opponents, named (Heereboord) and unnamed (Descartes, Aquinas, Burgersdijk) is that the intellect is not only the same as the will, but that in no way can the will be said to exceed the intellect. The…

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War, Apparatus, Witness

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…

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Imperial Velocities & Counter-Revolution

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…

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Return of Revolutions?

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…

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The Russian Revolution, as covered by Sky

The Russian Revolution, as covered by Sky

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 insisted that the Tsarist regime was ‘stable’, reports from Russia indicate that Tsar Nicolas II has…

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The Resistible Attraction of War

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…

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The Great Libyan Distraction

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…

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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…