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  1.  3
    State Power, the Politics of Debt and Confronting Neoliberal Authoritarianism.Chris Butler - 2018 - Law and Critique 29 (3):311-331.
    As an intellectual, economic, political and legal project, neoliberalism is not directed towards the rolling back of the state as an aim in itself. While its deregulatory tendencies, its commodification of public services and the undermining of systems of social welfare superficially suggest a generalised reduction in state power, it has been clear from the early 1980s that one of neoliberalism’s primary concerns has been the authoritarian reshaping of state power to engineer particular social outcomes, whether in criminal justice, the (...)
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  2.  2
    Forms of Authority Beyond the Neoliberal State: Sovereignty, Politics and Aesthetics.Chris Butler & Karen Crawley - 2018 - Law and Critique 29 (3):265-270.
    Critical legal scholarship has recently turned to consider the form, mode and role of law in neoliberal governance. A central theme guiding much of this literature is the importance of understanding neoliberalism as not only a political or economic phenomenon, but also an inherently juridical one. This article builds on these conceptualisations of neoliberalism in turning to explore the wider historical, cultural and sociological contexts which inform the production of neoliberal authority. The papers in this collection were first presented at (...)
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  3.  7
    Reproducing Whiteness: Feminist Genres, Legal Subjectivity and the Post-Racial Dystopia of The Handmaid’s Tale.Karen Crawley - 2018 - Law and Critique 29 (3):333-358.
    This article investigates the critical potential of a contemporary dystopia, The Handmaid’s Tale, a U.S. television series adapted from a popular novel by Canadian author Margaret Atwood. The text is widely understood as a feminist intervention that speaks to ongoing struggles against gender oppression, but in this article I consider the invitations that the show offers its viewers in treating race the way that it does, and consider what it means to refuse these invitations in pursuit of a critical feminist (...)
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  4. ‘Life is Not Simply Fact’: Aesthetics, Atmosphere and the Neoliberal University.Karin Marle - 2018 - Law and Critique 29 (3):293-310.
    The main objective of this article is to reflect on the way in which a certain neoliberal logic and rationality have become common-sense and to contemplate the possibility of a different aesthetic. The tone or mood of this piece draws on recent work on atmosphere, affect and complexity, which will be used to explore the theme of neoliberalism within the context of the university. In the course of this discussion, I will consider questions such as: how could a different aesthetic (...)
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  5.  2
    Why Does the State Keep Coming Back? Neoliberalism, the State and the Archeon.James Martel - 2018 - Law and Critique 29 (3):359-375.
    In this essay I argue that the distinction between neoliberalism and the Westphalian order that is said to precede it are all facets of one and the same phenomenon: archism. Archism is a style of politics based on rule and division. Looking at the work of Derrida, Foucault and Benjamin, I examine the inner workings of archism and how it can be resisted. Above all, I consider the notion of the ‘archeon’; that privileged perch from which the state or law (...)
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  6.  2
    Corporations, Sovereignty and the Religion of Neoliberalism.Timothy Peters - 2018 - Law and Critique 29 (3):271-292.
    This article seeks to contribute to the thinking of forms of corporateness, sociality and authority in the context of, but also beyond, neoliberalism, the neoliberal state and neoliberal accounts of the corporation. It considers neoliberalism in relation to the theological genealogies of modernity, politics and economy, and the way in which neoliberalism itself functions as a secular religion—one which intensifies liberal individualism and involves a blind faith in the market redefining all social interactions in terms of contract. I turn to (...)
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  7.  1
    ‘Life is Not Simply Fact’: Aesthetics, Atmosphere and the Neoliberal University.Karin Van Marle - 2018 - Law and Critique 29 (3):293-310.
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  8.  2
    Legal Engineering on the Blockchain: ‘Smart Contracts’ as Legal Conduct.Jake Goldenfein & Andrea Leiter - 2018 - Law and Critique 29 (2):141-149.
    A new legal field is emerging around blockchain platforms and automated transactions. Understanding the relationships between law, legal enforcement, and these technological systems has become critical for scaling blockchain applications. Because ‘smart contracts’ do not themselves constitute agreements, the first necessary ‘legal’ development for transacting with these technologies involves linking computational transactions to natural language contracts. Various groups have accordingly begun building libraries of machine readable transaction modules that correspond to natural language contracting elements. In doing so, they are creating (...)
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  9.  1
    The Politics of Blockchain.Robert Herian - 2018 - Law and Critique 29 (2):129-131.
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  10.  2
    Taking Blockchain Seriously.Robert Herian - 2018 - Law and Critique 29 (2):163-171.
    In the present techno-political moment it is clear that ignoring or dismissing the hype surrounding blockchain is unwise, and certainly for regulatory authorities and governments who must keep a grip on the technology and those promoting it, in order to ensure democratic accountability and regulatory legitimacy within the blockchain ecosystem and beyond. Blockchain is telling us something very important about the evolution of capital and neoliberal economic reason, and the likely impact in the near future on forms and patterns of (...)
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  11.  2
    Blockchain Control.Jannice Käll - 2018 - Law and Critique 29 (2):133-140.
    Blockchain technology is often discussed and theorized in relation to cryptocurrencies such as Bitcoin. Its quality as a technology that produces advanced encryption keys between objects, however, also makes it interesting to those who seek to connect physical objects to digital elements. The reason for this is that the link between objects needs to be ‘secure’ from undesired external interference. In relation to such interests, blockchain has been identified as a highly attractive technology to support the general digitalization of society (...)
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  12.  6
    The Laws of Image-Nation: Brazilian Racial Tropes and the Shadows of the Slave Quarters.Mauricio Lissovsky & Marcus V. A. B. De Matos - 2018 - Law and Critique 29 (2):173-200.
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  13. No Gods, No Masters, No Coders? The Future of Sovereignty in a Blockchain World.Sarah Manski & Ben Manski - 2018 - Law and Critique 29 (2):151-162.
    The building of the blockchain is predicted to harken the end of the contemporary sovereign order. Some go further to claim that as a powerful decentering technology, blockchain contests the continued functioning of world capitalism. Are such claims merited? In this paper we consider sovereignty and blockchain technology theoretically, posing possible futures for sovereignty in a blockchain world. These possibilities include various forms of individual, popular, technological, corporate, and techno-totalitarian state sovereignty. We identify seven structural tendencies of blockchain technology and (...)
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  14. The Laws of Image-Nation: Brazilian Racial Tropes and the Shadows of the Slave Quarters.Marcus Matos & Mauricio Lissovsky - 2018 - Law and Critique 29 (2):173-200.
    The commemorative edition of the 80th anniversary of Casa Grande & Senzala, the founding book of Brazilian modern sociology written by Gilberto Freyre and published in 2013, shows on its cover a glamorous ‘Casa Grande’, lit like an architectural landmark, ready to serve as the set for a film or a TV soap opera. What happened to the ‘Senzala’ that appeared on the covers of the dozens of previous editions? This paper investigates, following some changes in Brazilian Visual Culture in (...)
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  15.  31
    Bourdieu’s Five Lessons for Criminology.Victor Shammas - 2018 - Law and Critique 29 (2):201-219.
    Drawing on a close reading of Pierre Bourdieu’s works, I offer five lessons for a science of crime and punishment: always historicize; dissect symbolic categories; produce embodied accounts; avoid state thought; and embrace commitment. I offer illustrative examples and demonstrate the practical implications of Bourdieu’s ideas, and I apply the lessons to a critique of orthodox criminology.
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  16. Vilhelm Lundstedt’s ‘Legal Machinery’ and the Demise of Juristic Practice.Luca Siliquini-Cinelli - 2018 - Law and Critique 29 (2):241-264.
    This article aims to contribute to the academic debate on the general crisis faced by law schools and the legal professions by discussing why juristic practice is a matter of experience rather than knowledge. Through a critical contextualisation of Vilhelm Lundstedt’s thought under processes of globalisation and transnationalism, it is argued that the demise of the jurist’s function is related to law’s scientification as brought about by the metaphysical construction of reality. The suggested roadmap will in turn reveal that the (...)
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  17. Gender, Sexuality, Asylum and European Human Rights.Thomas Spijkerboer - 2018 - Law and Critique 29 (2):221-239.
    Asylum law functions through a dichotomy between an idealized notion of Europe as a site characterized by human rights, and non-European countries as sites of oppression. In most social sciences and humanities literature, this dichotomy is seen as legitimizing European dominance and exclusion of non-Europeans. However, it is the same dichotomy which is used by asylum seekers to claim inclusion through the grant of asylum. Focusing on the inclusive potential of this exclusive dichotomy allows us to explore the ambiguities inherent (...)
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  18. ‘Burqa Avenger’: Law and Religious Practices in Secular Space.Giorgia Baldi - 2018 - Law and Critique 29 (1):31-56.
    The current debate over the hijab is often understood through the lens of a ‘clash of civilizations’ between a tolerant ‘secular’ ‘West’ and a chauvinist ‘religious’ ‘East’. The article argues that this polarization is the result of a specific secular semiotic understanding of religion and religious practices which is nowadays embedded in western law. In my analysis, secular’s normative assumptions, played around the control of women’s bodies and the definition of religious symbols in the public sphere, work as a marker (...)
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  19.  2
    ‘Omnus Et Singulatim’: Establishing the Relationship Between Transitional Justice and Neoliberalism.Josh Bowsher - 2018 - Law and Critique 29 (1):83-106.
    First developed by human rights lawyers and activists, transitional justice emerged from the so-called third wave of democratisations in Latin America. Over the last 30 years, transitional justice has risen to become a ‘global project’ of global governance. Locating the emergence of transitional justice within the global rise of neoliberalism, this article shows that transitional justice serves an important function in regards to the particularly neoliberal contours of many transitions. Understanding this relation, the article argues, is best served with recourse (...)
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  20.  1
    Making Use of Paradoxes: Law, Transboundary Hydropower Dams and Beyond the Technical.Kenneth Kang - 2018 - Law and Critique 29 (1):107-128.
    Law’s regulation of transboundary hydropower dams is a field of study brimming with paradoxes. The most notable being the paradox of a hydropower dam solving one problem and creating another. From a logical perspective, such a paradox would typically be viewed as an obstacle to be avoided because it brings everything to a standstill. But from a social perspective, paradoxes are not necessarily negative, as managing them also potentially enlightens and transforms planning systems. The latter perspective, which brings to analysis (...)
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  21. The Form and Content of the Greek Crisis Legislation.Dimitrios Kivotidis - 2018 - Law and Critique 29 (1):57-81.
    This paper offers a dialectical analysis of the law relating to the Greek crisis. The form and content of the measures introduced in the Greek legal system to deal with the debt crisis is examined under the concept of ‘necessity’. It is argued that this concept, used by the Greek Council of State to justify the constitutionality of these measures, opens a path for a more comprehensive analysis of the measures implemented through the mechanism of the Greek Memoranda of Understanding. (...)
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  22. Mother India: The Role of the Maternal Figure in Establishing Legal Subjectivity.Kanika Sharma - 2018 - Law and Critique 29 (1):1-29.
    Psychoanalytic jurisprudence attempts to understand the images used by law to attract and capture the subject. In keeping with the larger psychoanalytic tradition, such theories tend to overemphasise the paternal principle. The image of law is said to be the image of the paterfamilias—the biological father, the sovereign, or God. In contrast to such theories, I would like to introduce the image of the mother and analyse its impact on the subject’s relation to law. For this purpose, I examine the (...)
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