CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Blog Carnival: Discussing the Aesthetics and Counter-Aesthetics of International Law

Blog Carnival: Discussing the Aesthetics and Counter-Aesthetics of International Law

In her review of Aesthetics and Counter-Aesthetics of International Justice, Isobel Roele mentions the use of ‘reverse-engineering’ as a method of counter-aesthetics. Sofia Stolk’s contribution to Aesthetics and Counter-Aesthetics of International Justice, the first contribution in the book, reverse-engineered a screen play from an educational youtube video of the International Criminal Court. What this did was to expose technicalities behind the camera’s gaze as a form of highlighting the reproduction of biases, like the camera panning or zooming in. It made explicit some of the unspoken assumptions around the narration of victimhood in international criminal justice. In this response to our reviewers, we have used reverse-engineering as a method to bring us all into conversation. We respond to the three reviewers, who so generously engaged with the edited volume, as a reverse-engineered conversation between us and the reviewers, Maria Elander, Kate Miles, and Isobel Roele. This…

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ARTICLES

Bearing Justice

Bearing Justice

The ‘domino effect’ is a remarkably crude mechanical metaphor which once again implicitly informs mainstream characterisations of the revolutions in play in Tunisia, Egypt, and to a lesser degree Algeria. The assumption of a spatially linear series of cause and…

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Badiou: Tunisia, Riots & Revolution

Badiou: Tunisia, Riots & Revolution

If by “riots” we mean the street actions of people who want to overthrow the government by means of varying levels of violence, we must at once emphasise what makes these Tunisian riots rare: they have been victorious. A regime was in place which for 23 years seemed…

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Kettling and the Rule of Law

Kettling and the Rule of Law

Lord Justice Bingham once described the Rule of Law as 'the cornerstone of a democratic society.' Although on the face of it this constitutional principle might be associated with the idea that law and order reign, the doctrine's deeper implications concern how power…

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Before the Law (School)

Before the Law (School)

What is the role of legal education, what does it mean to learn the law? The law teacher’s first duty is to understand and teach the language of justice, the breath, spirit and equity that should move the body of law. A law without justice is dead letter, body…

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Societies of Control – Blacklisted

Societies of Control – Blacklisted

A quick suggestion of reading from here: In the report we aimed to provide a comprehensive review of the development and implementation of the ‘terrorism lists’ over the last decade and document the crisis of legitimacy that is currently facing. Since the inception…

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The Negation of Modernity in Education Reform

The Negation of Modernity in Education Reform

On 24th October 2010 the Iranian state radio announced that new restrictions were imposed upon 12 social sciences that are considered to be based on Western intellectual currents and therefore incompatible with Islamic teachings. The list includes law, philosophy…

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Foucault, Anti-Humanism & Human Rights

Foucault, Anti-Humanism & Human Rights

Responding to recent engagements with the late work of French Philosopher Michel Foucault, I will argue that he does not submit to the ‘moral superiority’ of humanism and introduce a liberal humanist subject, as is often argued. Rather, Foucault’s late investigations…

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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…