CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

The Diapausal Life of International Law: Gaza and Beyond

The Diapausal Life of International Law: Gaza and Beyond

Few contemporary conflicts have been as saturated with legal language as Gaza. Provisional measures issued by the International Court of Justice, arrest warrants sought by the International Criminal Court, findings by United Nations commissions of inquiry, emergency sessions of the General Assembly, and a near-continuous flow of legal argument in diplomatic, journalistic, and activist forums all testify to the intensity with which law has been invoked. And yet, this same conflict appears to confirm a familiar sceptical verdict: international law lacks enforcement where it matters most. This juxtaposition — legal proliferation alongside material impotence — has often been read in one of two ways. On the one hand, Gaza is taken as proof that international law remains an axial moral grammar: a vocabulary of universal obligation that persists even when it cannot command obedience. On the other, it is read as evidence that law is little more than rhetoric: a repertoire of justificatory…

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ARTICLES

Indignants at Syntagma – Greece

Indignants at Syntagma – Greece

Following the Spanish los Indignados protests, a number of days ago a facebook page suggested a similar protest in Syntagma Square in Athens on the 25th of May, at 6pm. Similar events are occuring in Thessaloniki, Patras and Heraklion. The live feed (click the…

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Class and Gender in Super-Injunctions

Class and Gender in Super-Injunctions

For the past three weeks, the media has been swamped with tales of superinjunctions. The press claim superinjunctions curtail freedom of speech, while celebrities and their lawyers argue that they are necessary to protect individual privacy. In my view, the claim to…

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Debtocracy

For the first time in Greece a documentary produced by the audience. “Debtocracy” seeks the causes of the debt crisis and proposes solutions, hidden by the government and the dominant media. www.debtocracy.gr

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The Queen’s Irish Visit

The Queen’s Irish Visit

The British Queen is visiting the Republic of Ireland, one hundred years since the last British monarch set foot on the shores. In this context, our friends at Irish Left Review have posted James Connolly's letter to the Irish Workers' movement, which is well worth…

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The Arab Minotaur: A People Deferred

The Arab Minotaur: A People Deferred

A deluge of articles, statements and comments on the peoples’ protests across a region defined in imperial geopolitical and cultural discourses as the Middle-East or the Arab World have so far been driven by two main questions: ‘how it happened?’ and ‘what will…

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Greece’s Doomed Generation

Greece’s Doomed Generation

A year after the International Monetary Fund and the European Union imposed their now infamous austerity memorandum on Greece, life here has changed radically. If you are between 18 and 24 years old, the chances are that you are unemployed, like 40% of your…

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Seeds of Justice

Seeds of Justice

Today Al Weiwei’s installation at Tate Modern comes to an end. Unfortunately, the Chinese artist is currently in the limelight due to more pressing reasons, since his arrest earlier this month, followed by the usual array of ‘solid’ evidences provided by the Chinese…

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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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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?

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#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…