Many actors mobilize the cognitive, legal and technical tool-box of data protection when they discuss and address controversial issues such as digital mass surveillance. Yet, critical approaches to the digital only barely explore the politics of data protection in relation to data-driven governance. Building on governmentality studies and Actor-Network-Theory, this article analyses the potential and limits of using data protection to critique the ‘digital age’. Using the conceptual tool of dispositifs, it sketches an analytics of data protection and the emergence (...) of its configuration as ‘data protection by design and by default’. This exploration reminds us that governing through data implies, first and foremost, governing digital data. (shrink)

The Anthropocene prompts renewed critical reflection on some of the central tenets of modern thought including narratives of ‘progress’, the privileging of the nation state, and the universalist rendering of the human. In this context it is striking that ‘rights’, a quintessentially modern mode of articulating normativity, are often presumed to have an enduring relevance in the contemporary moment, exemplified in renewed recourse to rights in their attribution to parts of the nonhuman world. Our intervention contemplates ways in which the (...) apparent disorientations of the Anthropocene might allow for a generative reorientation of some of these presuppositions. We critically consider the institutional and discursive limitations of rights and the ambivalence of rights language, and argue that the monism that rights so often implies limits the capacity to foster generative encounters between Indigenous and non-Indigenous legal traditions. We develop a critical discourse of obligation, understood here to both precede and exceed the rights-duty correlate so central to modern law. An attentiveness to the priority of obligation, we argue, might allow us to foreground an ethics of encounter between traditions, to examine the limits of modernity’s legal and political imaginary, and to pursue a ‘radical re-storying’ of laws for the Anthropocene. (shrink)

Introduction: Foucault and political philosophy -- Marx: antinormative critique -- Lenin: the invention of party governmentality -- Althusser: the failure to denormativise Marxism -- Deleuze: denormativisation as norm -- Rorty: relativising normativity -- Honneth: the poverty of critical theory -- Geuss: the paradox of realism -- Foucault: the lure of neoliberalism -- Conclusion: What now?

In this paper I offer a new interpretation of Marx’s essay On the Jewish Question which re-states its key ideas but removes unnecessary debates that are not relevant to current political and legal problems. Because OJQ is a demonstration of critique it does not offer positive proscriptions or suggestions for change. Its utility, I argue, lies in the way it can help us think about the limits of resolving deeply entrenched power-relations without a thoroughgoing engaging of how those powers are (...) created and enacted in civil society. With this in mind I read OJQ alongside the recent campaign to legislate for marriage equality in Australia and the movement to recognise environmental human rights. While both movements might ameliorate instances of discrimination and harm, I argue that they cannot resolve those powers that limit certain kinds of access or render people and things subordinate to other interests. (shrink)

In this paper, I shall make the following propositions: in order to conceptually capture and represent the acts of political protest in a state of exception, we will need to reorient and supplement our representational apparatuses and also our theoretical frameworks for thinking about the gendered modes of protest under emergency laws and political abandonment. Through an analysis of the ‘naked protest’ of the Meira Peibis in Manipur, a ‘state of exception’ in democratic India, I shall argue that a series (...) of supplementations to our current thinking on intersectionality, bare life and political subjectivation are required if we are to make sense of political acts of resistance, refusal and disavowal of the law of exception. (shrink)

What can an analysis of power in local communities contribute to debates on women’s legal empowerment and the role of paralegals in Africa? Drawing upon theories of power and rights, and research on legal empowerment in African plural legal systems, this article explores the challenges for paralegals in facilitating women’s access to justice in Tanzania, which gave statutory recognition to paralegals in the Legal Aid Act 2017. Land conflicts represent the single-biggest source of local legal disputes in Tanzania and are (...) often embedded in gendered land tenure relations. This article argues that paralegals can be effective actors in women’s legal empowerment where they are able to work as leaders, negotiating power relations and resisting the forms of violence that women encounter as obstacles to justice. Paralegals’ authority will be realised when their role is situated within community leadership structures, confirming their authority while preserving their independence. (shrink)

The Anthropocene is a term described by Earth Systems Science to capture the recent rupture in the history of the Earth where human action has acquired the power to alter the Earth System as a whole. While normative conclusions cannot be logically derived from this descriptive fact, this paper argues that law and philosophy ought to develop responses that are ordered around human beings. Rather than arguing for legal rights or extending rights to nature, this paper focuses on obligations. Drawing (...) on Hans Jonas, it argues that obligations are a more appropriate tool for cultivating human plurality, restraining human action and protecting future generations. (shrink)