Year:

  1.  1
    Experimenting with Law: Brecht on Copyright.Jose Bellido - 2020 - Law and Critique 31 (2):127-143.
    Can one reject copyright law and be a qualified observer of its dispositives? This question was taken up by Bertolt Brecht in an intriguing essay concerning the litigation surrounding the film adaptation of The Threepenny Opera. Brecht here develops an experimental observation around the nature of film adaptation and cultural production in copyright. While an experimental approach to law was in itself a subversive gesture, the specific legal process enabled him to expose the paradoxical ways in which the copyright system (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  2.  1
    Laws of Inclusion and Exclusion: Nomos, Nationalism and the Other.Liam Gillespie - 2020 - Law and Critique 31 (2):163-181.
    This article explores how and why contemporary nationalist ‘defence leagues’ in Australia and the UK invoke fantasies of law. I argue these fantasies articulate with Carl Schmitt’s theory of ‘nomos’, which holds that law functions as a spatial order of reason that both produces and is produced by land qua the territory of the nation. To elucidate the ideological function of law for defence leagues, I outline a theory of law as it relates to subjectivity. Drawing on the work of (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  3. The Responsible Migrant, Reading the Global Compact on Migration.Christina Oelgemöller & Kathryn Allinson - 2020 - Law and Critique 31 (2):183-207.
    In 2016, the international community, in reaction to the growing number of ‘tragedies’ occurring as people attempted to move across borders, met to discuss large movements of refugees and migrants. The outcome of this meeting was an agreement to negotiate two Global Compacts, one on refugees and one on migrants, with the aim of facilitating ‘orderly, safe, regular and responsible migration and mobility of people’. This article explores how responsibility in the Global Compact on Migrant is expressive of a changed (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  4.  2
    Spinoza’s Conception of Personal and Political Change: A Feminist Perspective.Janice Richardson - 2020 - Law and Critique 31 (2):145-162.
    By focusing upon three figures: a trade unionist, who can no longer understand or reconcile himself with his past misogynist behaviour; Spinoza’s Spanish poet, who loses his memory and can no longer write poetry or even recognise his earlier work; and Spinoza’s lost friend, Burgh, who became a devout Catholic, I draw out Spinoza’s description of radical change in beliefs. I explore how, for Spinoza, radical changes that involve an increase in our powers of acting are conceived differently from those (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  5.  2
    European Empires in Conflict: The Brexit Years: Brenna Bhandar. 2018. Colonial Lives of Property: Law, Land and Racial Regimes of Ownership. Durham and London: Duke University Press. Danny Dorling and Sally Tomlinson. 2019. Rule Britannia: Brexit and the End of Empire. London: Biteback Publishing. Eva Mackey. 2016. Unsettled Expectations: Uncertainty, Land and Settler Decolonization. Halifax and Winnipeg: Fernwood Publishing.Patricia Tuitt - 2020 - Law and Critique 31 (2):209-227.
    On 29 March 2017, the United Kingdom Government notified the European Council of its intention to withdraw from the European Union legal order. On 31 January 2020, the UK entered a transition period, during which it remains bound to the EU Treaty Framework. This review essay examines the near three-year period of the UK’s attempted cessation from the EU. It argues that what is most striking about the Brexit case is that it reveals the extent to which EU member states (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  6.  5
    What Constitution? On Chile’s Constitutional Awakening.Octavio Ansaldi & María Pardo-Vergara - 2020 - Law and Critique 31 (1):7-39.
    This paper explores the political awakening of the Chilean people that began in October 2019. It puts forward an alternative reading of the people’s claim for a new constitution. The first section briefly describes the October outcry and provides some context with regards to the nature of the social movement at its root. The two following sections examine two periods in Chilean recent history, the Pinochet regime and the period that has come after its overturn, focusing on two elements: the (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  7.  2
    Constituent Moment, Constituted Powers in Chile.Fernando Atria - 2020 - Law and Critique 31 (1):51-58.
    This article discusses the concept of constituent power and its application to the situation in Chile after the 18th October 2019. In particular, it discusses the relation between constituted and constituent powers, with a view to understanding the significance of the 15 November Agreement that opened the way for the ongoing constituent process.
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  8.  4
    Negative Mythology.Shane Chalmers - 2020 - Law and Critique 31 (1):59-72.
    Can mythology be a form of critical theory in the service of right? From the standpoint of an Enlightenment tradition, the answer is no. Mythology is characterised by irrationality, and works to mystify reality, whilst critical theory is set against the irrational, its entire force directed at demystifying reality. In a post-Enlightenment tradition, reason, including critical reason, may take mythological form—indeed, there is identity as much as non-identity between the two forms, a mimetic relationship in which the rational cannot be (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  9.  2
    Introduction: Chile’s ‘Constituent Moment’.Emilios Christodoulidis & Marco Goldoni - 2020 - Law and Critique 31 (1):1-5.
    The introduction looks at the constitutional situation in Chile since the demand for a new Constitution erupted in demonstrations all across the country, and argues that the notion of ‘constitutional moment’ is inadequate to capture the radicality of the popular mobilisation that is sweeping the country as a pure expression of constituent power.
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  10.  4
    On Crime and Punishment: Derrida Reading Kant.Jacques De Ville - 2020 - Law and Critique 31 (1):93-111.
    This essay enquires into the implications for criminal law of Derrida’s analysis in the Death Penalty seminars. The seminars include a reading of Kant’s Metaphysics of Morals, specifically Kant’s reflections on the sovereign right to punish, which is read in conjunction with the reflections of Freud and Reik on the relation between the unconscious and crime, as well as Nietzsche’s reflections on morality, punishment and cruelty. What comes to the fore in Derrida’s analysis is a system of economic exchange operating (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  11.  4
    I Nomi Degli Dei: A Reconsideration of Agamben’s Oath Complex.Robert S. Leib - 2020 - Law and Critique 31 (1):73-92.
    This essay offers an exegesis and critique of the moment of community formation in Agamben’s Homo Sacer Project. In The Sacrament of Language, Agamben searches for the site of a non-sovereign community founded upon the oath [horkos, sacramentum]: an ancient institution of language that produces and guarantees the connection between speech and the order of things by calling the god as a witness to the speaker’s fidelity. I argue that Agamben’s account ultimately falls short of subverting sovereignty, however, because the (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  12. Is the Constitution the Trap? Decryption and Revolution in Chile.Ricardo Sanín-Restrepo & Marinella Machado Araujo - 2020 - Law and Critique 31 (1):41-49.
    We will examine the revolts, begun in October of 2019, and currently developing in Chile under three conjoined parts. First, we will not try to theoretically ‘tame’ the revolutionary creature, but rather to plug immanently into the energy of the ‘potentia’ of the revolutionary event. To this extent, we will highlight the shortcomings of a theoretical enterprise that intends to explain it in traditional terms or that thrives for a variant of simple ‘reformism’. Second, and consequently, we will describe how (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  13.  1
    Feeling Things: From Visual to Material Jurisprudence: Biber, Katherine. 2018. In Crime’s Archive: The Cultural Afterlife of Evidence. Abingdon: Routledge Manderson, Desmond. 2018. Law and the Visual: Representations, Technologies, Critique. Toronto: University of Toronto Press.Kate West - 2020 - Law and Critique 31 (1):113-126.
    In this article I analyse the extent to which there has been a shift in the cultural turn in legal scholarship and specifically from visual to what I call material jurisprudence, that is from visual to material ways of knowing law. I do so through an analysis of Desmond Manderson’s edited collection, Law and the Visual: Representations, Technologies, Critique, and Katherine Biber’s monograph, In Crime’s Archive: The Cultural Afterlife of Evidence. Inspired by the material turn in the arts and humanities (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
 Previous issues
  
Next issues