Queer theorists have considered the problems concerning the political strategy of using LGBT rights to justify racist xenophobia and using homo/transphobia to consolidate heterosexist nationalism. Their timely interventions are important in exposing state violence in the name of human rights and sovereign equality, but they have offered no alternative. They may also have reinforced the assumption of state science. This assumption is based on a trinity structure of the nation-state-sovereignty of ‘modern, self-determining men’, who are against each other and thereby (...) co-built the so-called ‘international’. State-centric internationalism produces exclusionary effects that undermine the rights of sexual and gender minorities. To address this, I first consider the debate over ‘LGBT rights as human rights’, and identify two types of cultural relativism (epistemological and political) as the categories to formulate a decolonial response to the debate. In this article, queer political theorising is pushed forward to: 1) critically evaluate universalism, 2) differentiate cultural relativism (opposing the political version of it) and 3) revise the epistemological version with decolonial-queer praxis. I propose a pluralist approach to sovereignty and human rights; informed by this approach, the lack of international consensus is remedied by recognising the polyvocality within transnational queer activism beyond the monopoly of states’ representation of their own peoples. This proposal also aims to decentre modern statecraft from the political imagination of contemporary international studies scholarship. (shrink)

Given that one of the defining elements of capitalist society is the ubiquity of forms of abstraction through which social relations are mediated, it is not surprising that a generalised ‘reproach of abstraction’ has taken on a critical orthodoxy within social theory and the humanities. Many of these attacks against a pervasive culture of abstraction have an obvious resonance with longstanding critiques of the abstractions inherent in law. This article explores the critique of the power of abstraction that is a (...) central theme in Henri Lefebvre’s depiction of the ‘abstract space’ of contemporary capitalism. In doing so, it will be emphasised that Lefebvre’s work is not primarily concerned with the rejection of abstraction per se, but with understanding the relationships between dominant forms of abstraction and concrete social practices. Of particular interest here is Lefebvre’s reformulation of the concept of concrete abstraction which extends his work beyond a polemical dismissal of the violence of abstraction into broader theoretical debates about the role of the abstract in the reproduction of social relations. Building on this aspect of Lefebvre’s work, I will argue that the concept of concrete abstraction can provide a means of understanding the relationships between the concrete and the abstract in existing juridico-political relations. (shrink)

In its enunciation of “We the people,” the Constitution of the United States of America becomes a constitution of the flesh as it simultaneously invokes a constitution, a nation and a people. Correspondingly, its amendments as a list of rights pertaining to sex and race discrimination, and freedoms of bodily movement and action, assert the Constitution’s authority through the evocation of “natural” human bodies. In this article, I explore the way in which a sovereignty of the United States’ Constitution is (...) realised in the particularlised bodies of its citizens. The fundamental and foundational laws of the United States, and the narratives and myths used to interpret them, are in part rendered legitimate by the Constitution’s embodiment, which extends from its physical manifestation in written documents into the flesh of its citizens. In order to make this argument, I turn to the film The Matrix (1999), the success of which relies on an investment in bodies and the United States’ Constitution as matter through its interwoven narrative themes of human slavery and emancipation, reality and computer-generated simulation. At the same time, The Matrix extends its ideological play into the bodies of its audience, who experience the film’s thrillingly sensorial fantasies of constitutional rights while enjoying its affective special effects. Thus, the sovereign authority of United States constitutional law is experienced as “natural” through the phenomenological experience of cinema. (shrink)

Critique has been shaped according to legal protocols and techniques. From Kant to Hegel and Marx, critics have tended to adopt one of the roles available in court procedure. This internal connection is most evident in American CLS of a psychoanalytical nature. If critique recognises itself in the juridical, psychoanalysis asks us to believe in the law. British critical legal scholars have followed a more political and aesthetic strategy, which today may ask us to abandon traditional critique for acts of (...) critical resistance. (shrink)