The Politics of Law and the Logic of Rupture
Professor of Legal Theory at the University of Glasgow
The book seeks to reorient the critical legal project towards a strategic thinking of rupture. It begins by locating the critical legal project in both its anglophone and continental variations, suggesting that these positions of critique have been weakened and undercut. One of the ways in which the critical legal project understood the challenge facing it was a certain institutional and conceptual rigidity against which it offered, principally through deconstruction, to understand its ‘project as law but undertake it as politics’, in Unger’s formulation. In the more systematic formulations of the Frankfurt School, immanent critique was aimed at redressing the ways in which structures overwhelmed semantics. Both formulations have been undercut, with a new malleability of legal language (soft law, cosmopolitan constitutionalism, benchmarking) replacing the old ‘rigidities’ in the direction of optimising systemic performances in place, and in the tradition of the Frankfurt school, with the discursive turn, semantics are now portrayed as the way to redress structural effects. This book aims to identify a space for strategic thinking in the critical legal project.
Expected 2019 (Notify when available)
Cover image by SUGAHTANK. Subject to change.