CRITICAL LEGAL THINKING
LAW AND THE POLITICAL
CRITICAL LEGAL THINKING
LAW AND THE POLITICAL
Learning to be Surprised (Symposium)
Val was a proper old-school scholar, interested in ideas for their own sake and driven to understand and respond to the injustices of the world. As a serious intellectual she was not interested in academic trends or popularity, but in working through a set of questions and problems – often with cigarette in hand. As an Australian who came to live in Hamburg, Germany, her thought constantly returned to the historical and ongoing process of Australian colonisation and to law’s complicity in colonial violence and genocide. The Wrong of Law builds upon Val’s long intellectual collaboration with her partner, Uwe Petersen, and his Hegelian approach to mathematical logic. Val’s work thus draws connections between mathematical logic, philosophy, social theory and law, and in this respect the text is often as challenging as it is unconventional. In the following reflections I try to draw out a number of key ideas from The Wrong of Law. It is only a partial account, and...
ARTICLES
Dance Me to the End of Law: Art, Justice, Improvisation
https://player.vimeo.com/video/446988530?h=e59ce0d8f2" At its core, improvisation demands an ongoing interaction with shifting tight places, whether created by power relations, social norms, aesthetic traditions, or physical technique. Improvised dance literally...
Art as Legal Method
Initially, our project was an experiment. What would happen if an artist created a visual response to a piece of legal scholarship that criticised how law regulates public spaces? What insights into art, law and justice might be generated? What started as an art...
Orienting oneself in the archive
"Let us then make up our minds to go forward untrammelled by the narrow and transient interests of nationalism in civil aviation towards the wider and more lasting goal of international welfare. If this Assembly achieves no more than to inculcate a lasting devotion to...
How to Stop A University: The Case for Indefinite Strike Action
Zara Dinnen and James Eastwood, Co-Chairs of the Queen Mary UCU Branch, contribute to the discussion within the union about possible next steps. Their views are expressed in a personal capacity. You might be reading this with a range of emotions. You have recently...
Staying in Shape: Writing, Questions, Method
The way one asks a question affects the way one is able to respond. This seems to be a truism. It also means that the way one shapes a question to turn it into the magical scholarly formula – a research question – is something that both enables and constrains...
In Praise of Flowers and Pebbles, or Why We Push Back Against Methodology
Views From a PhD Student Imagine for a moment that you are planning a walk through a well-known, popular forest. It has clear trails marked by those who went before. You could, perhaps, rigidly plan out in advance which trails you will follow. Or you could approach...
Collaging and Frottage as Legal Methodology
Stolk/Vos, Sag der Welt dass kein Krieg mehr ist, 2022, mixed paper materials, 50 x 70 cm Collaging as methodology of legal research entails co-constructed research through collective, multisensory practices of data collection. This methodology is anchored in the...
PURE VIBES
I write this blog as a Global South student and practitioner of international law. My education in the subjects of Legal Methods and International Law began at an Indian law school, amidst an ocean of monotony. Understandably, neither subject stirred any enthusiasm....
The Story of Your Nose or Why (International) Law and Linguistics is Fun
By now, the professor was shaking his head so hard I started to fear it might fall off. I was at an important international law conference in 2014, co-presenting our international law and linguistics research for the first time with my co-author from linguistics. As...
The (Dis)Entanglement of Method, Methodology and Epistemology
Sandra Harding (1987) did not believe feminists should focus too much of their discussion on methodology, but instead focus on the ‘good’ research that was being done. Harding’s position does not stem from any coyness towards the methodological ‘achievements’ made by...
The ‘Joy’ of Methodology
The soul-crushing mind-numbing gut-wrenching heart-breaking “joy” of methodology. I was never taught me-tho-do-lo-gy. Whatever that is. Isn’t the method just 1. Idea, 2. Struggle, 3. Word vomit? That’s how I do it. I wonder, what if? What if I want to be inspired by...
The Joy of Methodology: A Blog Carnival
For many researchers, methodology and joy don’t belong in the same sentence. Legal researchers in particular often seem to place methods-talk somewhere between irritating impediment and unbridgeable chasm. Some of these anxieties are well founded: law school legal...
Brazil: Warning to Democratic Navigation
On the 8th of this month, a week after the inauguration of President Lula da Silva, an event took place in Brasília that only took by surprise those who did not want to know, or had no way of knowing, about its widely disseminated preparation on social networks. The...
Open letter to President Lula da Silva
Dear President Lula da Silva, When I visited you in prison on August 30, 2018, in the brief time that the visit lasted I experienced a whirlwind of ideas and emotions that remain as vivid today as they were then. A short time before, we had been together at the World...
The Revolutionary Potential of Transnational Social Security Law: Lessons from Rosa Luxemburg
‘It cannot be denied that the direct cause leading the popular masses into the socialist movement is precisely the “unjust” mode of distribution characteristic of capitalism’ (Rosa Luxemburg, Reform or Revolution) ‘While they're standing in the welfare...
The Luxemburgian Trial of Rupture
‘Militarismus auf der Anklagebank’ © akg-images ‘Darling, imagine, how wonderful! Charges have been brought against me by the war minister von Falkenhayn… Imagine, what kinds of evidence one can bring forward, and make reparations for what the donkeys in the Reichstag...
‘Pushed into the Burning Desert’: German ‘Reparations’ to the Herero Through a Luxemburgian Lens
It is a sign of Rosa Luxemburg’s prescience and far-sightedness as a scholar and intellectual that a genocide that was ignored by most of the world, the German genocide of 80% of the Herero population of South-West Africa (now Namibia) of the early 20th century, did...
Rosa Luxemburg’s Self-Determination & Feminist Legal Thought
"As such so long as imperialistic world policies determine and regulate the inner and other outer life of the nation, there can be no ‘national self-determination’ either in war or peace. "(Rosa Luxemburg, The Crisis of German Social Democracy (1915)) Rosa...
Domination is More than Conquest: Rosa Luxemburg’s View from Partitioned Poland
In remarking upon the international legal status of lands acquired by the British Empire, John Westlake, in many ways the quintessential Victorian jurist, declared India to be ‘a peculiar case of conquest, operating by assumption and acquiescence’.[1] He...
The New Form of Capitalist Militarism: The Permanent State of Exception
Today, we face the choice exactly as Friedrich Engels foresaw it a generation ago: either the triumph of imperialism and the collapse of all civilization as in ancient Rome, depopulation, desolation, degeneration – a great cemetery. Or the victory of socialism, that...
Accumulation and Jurisdiction
One of Rosa Luxemburg’s great contributions was her insistence that capitalism, even beyond its prehistory, remains far from the realm of peaceful competition. In fact she famously argued the contrary; that violence only grows with the development of global...
