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

The Case of the Filton 4: Labelled Terrorists Without the Charge
Several weeks ago, UK courts dealt a blow to the legal system in two cases. Both involve the group “Palestine Action”, whose aim is to end global complicity in the genocide in Gaza. The first case involves its proscription as a terrorist organization (on the same degree as groups like ISIS and Al Qaeda), initially ruled unlawful by the High Court but reversed on government appeal. The second case, which I will be closely examining in this article, involves criminal damage committed by four members of Palestine Action, who damaged property in an Israeli weapons manufacturing company, Elbit Systems. Despite being on trial for criminal damage, the prosecution raised the option of sentencing the “Filton 4,” as called in the media, through section 69 of the Sentencing Code, which allows for these members to be sentenced as having a “terrorist connection” despite never being charged with that crime, or any form of terrorism. Amongst wide public backlash and human rights organizations…
ARTICLES
Demystifying the neo-colonialism of international law
Colonialism—a modern form of imperialism—emerged in the sixteenth century, after the Spanish and Portuguese occupation of South America. Colonialism involves a state occupying a territory and exploiting its resources (natural and human) for the purpose of extracting…
Chile’s Second Constitutional Plebiscite: Of Headlines and Compromises
On December 17th Chile will face its second constitutional plebiscite in little more than a year. As might be recalled, in September 2022, 68.89% voted to reject the draft Constitution written by a Convention in which the Left held a considerable majority. This time…
The Unpersonhood of the Enemy: The Turkish Case of Can Atalay
The Enemy, The Law, The Reason The repercussion of the prosecution of Can Atalay will have a major impact on the politics in Turkey. Atalay is a socialist lawyer and rights defender who was sentenced to 18 years in prison following the ‘Gezi Trial’. Atalay, who has…
Édouard Glissant: The Right to Opacity
The Martinican poet and philosopher Édouard Glissant called for a “right to opacity” throughout his work. Speaking about small countries in the Caribbean in his 1981 Caribbean Discourse, he said, “We demand the right to opacity.” He would reiterate this claim in his…
What does it mean to dream of new anticolonial worlds from within the law school?
BK-K: I said it before, but I cannot say it enough: thank you so much for the time and labour that you put into this book. It is such a vital contribution to discussion on acknowledging, dealing with, re-routing and uprooting the colonial routes and roots of the law.…
The Hegel of Coyoacán: In Memoriam, Enrique Dussel
(24 December 1934 - 5 November 2023) My most enduring image of Enrique Dussel shows him in the role that made him happiest. That of a teacher, maestro in Spanish; with a lowercase 'm', as in the mastery of non-mastery. There he is, in front of a whiteboard on which…
Letter from Legal Experts on Labour’s position on the commission of war crimes
Dear Mr Starmer, We, the undersigned, are writing to request that the Labour party immediately clarify its position on the prohibition of collective punishment. On 11 October, you were asked on LBC radio if Israel’s siege of Gaza, and the cutting off of power and…
To say and think a life beyond what settler colonialism has made
The Earth is closing on Palestinians in Gaza. As I write these lines, Israel continues to bomb more than two million Palestinians, refugees and the descendants of refugees confined to the besieged Gaza Strip, which measures a mere 365 square km. More than 300,000…
The “race power” Haunting the Voice Referendum in Australia – Is a Sonorous Constitution Possible?
Although ‘race’ is a construction, it manifests in various juridical and political formations, and in the lived experience of everyday life. Australia, as a state and society, is one such racial formation. As odd as it seems, ‘race’ is written into the text of the…
Metaracial: Notes on the Thought of Rei Terada
Rei Terada’s concept metaracial emerges from her 2023 book, Metaracial: Hegel, Antiblackness, and Political Identity, the result of a sustained engagement with Hegel’s enduring influence on how we think about race — or rather, how race structures our thinking. In…
Sociodicy: Notes on the thought of Pierre Bourdieu
A sociodicy is a structured attempt to justify the social order in spite of its manifold injustices. Its conceptual lineage can be traced back to the notion of theodicy, or the justification of God despite the existence of evil and suffering, a term that was…
Mimetic Desire & the Scapegoat: Notes on the Thought of René Girard
René Girard (1923-2015) was a synthetic theorist with a singular idée fixe, a grand pattern that he could not help but see inscribed and repeated everywhere in human culture. The key elements of Girard’s philosophical anthropology are mimetic desire, mimetic…
War and the Uncanny Face of the Other in Children’s Literature: A Case Study of Davide Cali’s Enemy
Mankind has been plagued by war since the beginning of civilization. History proves this well. Not just these days, but these centuries have always been war. But these days, by virtue (or perhaps evil) of the availability of social media and the internet, we, I mean…
“In Words the Subaltern Cannot Speak”
KB: I should begin by just reiterating how brilliant I think this book is. Foluke has a particular way with words which is almost poetic in parts, meaning it is beautifully written and a joy to read. More importantly, the knowledge contained within the book is…
Ghosts of the Nation: A Hauntological Critique of the Imagined Communion
The Imagined Communion As elaborated in Mikkel Flohr’s recent article for Critical Legal Thinking, for Benedict Anderson (1991), the nation and nationalism function in reference to an “imagined political community”. As Anderson elaborates, the nation is an imagined…
Women’s Body Under Secondary Colonialism
This is Behnaz Amani, one of the political prisoners of Iran’s recent revolt, “Woman, Life, Freedom”. I’ve been in Gharchak prison for 46 days and have seen things which make me wonder and ponder upon the concept of the female body and capitalism and how the state…
Benedict Anderson’s Imagined Communities
Benedict Anderson's seminal work Imagined Communities: Reflections on the Origin and Spread of Nationalism from 1983 is one of the most important accounts of the historical rise and development of nationalism. Its basic insight and argument is that nations are not…
Iris Marion Young’s Five Faces of Oppression
Iris Marion Young is one of the most important feminist philosophers of last decade of the 20th century and of the early 21st century. Her contributions within feminist political philosophy are wide ranging, although she is best known for her work on feminist…
Oh West: Delinking from the Coloniality of Iranian Imagination
Almost six months after the start of what then came to be rightly known as “Women, Life, Freedom” revolution after the state murder of Zhina Amini - a girl from one the utmost subaltern peripheries of Iranian nation-state killed in its capital city of Tehran by the…
Uprisings in Iran and their historical origins
The world media is once again full of images, stories, discussions, and trending hashtags about ongoing mass protests in Iran. Those who are familiar with Iran’s social-historical context know that this country is the land of popular uprisings, political struggles…
The Disaster of the Century
In Lieu of a Beginning… On February 5, 2023, we experienced two earthquakes in Turkey that were massive and their consequences extremely severe. The government officials called it “the disaster of the century”. The earthquake we experienced was itself destructive but…





























