CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Blog Carnival: Aesthetics and Counter-Aesthetics of International Justice

Blog Carnival: Aesthetics and Counter-Aesthetics of International Justice

The politics of aesthetics are at the heart of Rob Knox and Christine Schwöbel-Patel’s energetic edited collection Aesthetics and Counter-Aesthetics of International Justice brings together a diverse group of scholars, practitioners, and artists. The editors approach the aesthetics of international justice in terms of tactics that can be deployed for good and ill. Essays in the first half of the collection interrogate hegemonic tactics. The anaesthetising, romanticising, distracting, and otherwise legitimising use of aesthetic objects in service of the status quo and the even worse. Contributions in the second half consider and enact counter-aesthetics, which “shift[] the dominant gaze or frame” (144) and “tak[e] the side of the downtrodden” (151). As well as essays, counter-aesthetic contributions include poems, parables, and graphic narratives, which the editors read through three counter-aesthetic tactics: rupture, détournement, and solidarity aesthetics. None of these forms is…

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ARTICLES

Manifesto of Surrealism

Manifesto of Surrealism

So strong is the belief in life, in what is most fragile in life – real life, I mean – that in the end this belief is lost. Man, that inveterate dreamer, daily more discontent with his destiny, has trouble assessing the objects he has been led to use, objects that…

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The End of Politics (2): Europe

The End of Politics (2): Europe

How different does Europe look today from ten years ago. In 2000, influential commentators hailed the dawn of the ‘new European century’ to replace the atrocious ‘American’ 20th century. Europe was on the way to becoming the model polity for the new world. The…

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Law

Law

Law comes from “lex” (“legere”; to read). Who could read the law? And who can write it? The one empowered to do so. The law is always inaccurate because accuracy could only be achieved at the cost of an infinite negentropy, and it would an infinite amount of…

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The Greek Tragedy

The Greek Tragedy

Few events in recent European political history have baffled analysts and commentators more than the widespread insurrection or ‘riots’ (according to right-wing commentators) that took place in Greece in December 2008. The catalyst was the unprovoked police killing…

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Rights to be Specs of Human Capital

Rights to be Specs of Human Capital

I want to draw attention to the recent interview with Prof. Wendy Brown on Human Rights in Ireland. Prof. Brown engages initially with the question of critique, and its relation to rights. She refuses to reject rights, but instead seeks to question the premises upon…

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Nomadic Thinking

Nomadic Thinking

This presentation is a few notes on a question. The question being: What does it mean to say: the free space of thinking? As my title suggests, I would like to relate the free space of thinking to what one might simply call nomadic thinking. To this end, I will draw…

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Jerry Springer Politics in Greece

A sense of deja vu has dominated the Greek election campaign. The protagonists, Prime Minister Costas Karamanlis and leader of the opposition George Papandreou, have been repeating earlier skirmishes between Costas Karamanlis senior (uncle of the prime minister), the…

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Rescuing Human Rights?

Natural and human rights were conceived as a tool against the despotism of power and the arrogance of wealth. Their co-option by governments means that they have lost much of their critical force and their initial aim and role has been reversed. (Douzinas, 2007: 24).…

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Hard Lessons From The Hard Right

Hard Lessons From The Hard Right

When the British National Party finally managed two successes in the June 2009 European Elections, the mainstream media reaction was one of astonishment followed by intense curiosity and soul searching. This was a UK version of the 2002 success of the Front National…

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The Left and Constitutional Reform

The Left and Constitutional Reform

What surprised me most in the Guardian New Politics articles was that the majority have little to do with politics. They are suggestions for changes in constitutional law - some relatively minor (reducing the number of MPs, shortening their holidays or abolishing 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?

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…