Correction to: Rethinking Critique: Becoming Clinician The article Rethinking Critique: Becoming Clinician, written by Leticia Da Costa Paes, was originally published electronically on the publisher’s internet portal (currently SpringerLink) on 24 September 2019 with open access.

Catastrophe: Introduction

From Cairo to Jerusalem: Law, Labour, Time and Catastrophe Abstract Following the eclectic itineraries of ‘Near East’ expert, R. M. Graves, this article tells a story of an ongoing Nakba (catastrophe) of small and large legal decisions. Without reducing the human catastrophe of the event of the Nakba (the 1948 Palestinian forced exodus), it engages with it as a legal event that crosses (in this story at least) from Cairo to Jerusalem, from the League of Nations’ era (1920–1946) to the United Nations’ era (1945–), from the governance of labour and gender, to labour partition, and finally to the governance of municipalities through law and expertise. Graves’ relationship to both Cairo and Jerusalem was materialized through different forms of affective legal governance. Graves, who in his own dichotomous words was ‘neither a Zionist nor an anti-Semite’, managed Jerusalem across national lines in the wake of the UN Partition Plan (1947), and as the old empire was withdrawing right before Jerusalem itself became a site of the catastrophe—right before the Nakba.

Rethinking Critique: Becoming Clinician Abstract Today, capitalism functions as a very complex tool of colonisation capturing our desires, dreams, and putting life itself at risk. Its effects lead us all to times of extreme anxiety increasing the number of people with mental health problems. This paper is concerned with the question of ‘critique’ within this context. How can critical legal scholarship engage with a theoretical mode that allows us to confront the politics of law with today’s capitalism? This analysis shows that contemporary capitalism, which operates as an immanent desiring-machine, is investing in our unconscious. In this sense, we aim to rethink the idea of ‘critique’ as an opportunity to make it creative and effective. As such, this paper argues that the Deleuzian concept Critical and Clinical is particularly useful, as it opens new roots for the critical movement. Taking the literary strategy of Masochism and the experience of the Institutional Psychotherapy movement in France, the clinical–critical practice contributes to push and expand critical scholarship into new terrains of thought and practice.

Across Islands and Oceans: Re-imagining Colonial Violence in the Past and the Present Abstract The three texts addressed in this review essay challenge us to question and creatively re-imagine the representation of material spaces at the centre of the colonial project: oceans, islands, ships and archives. Elizabeth McMahon deconstructs the island and its metaphorics, charting the relationship of geography, politics and literature through the changing status of islands, as imagined by colonists, beginning in the Caribbean and ending in Australia. Renisa Mawani destabilises colonial geography by re-animating the ocean and presents, amongst others, the ship and the ocean, as both method and juridical form. Writing against the ‘free sea’, Mawani addresses the imperial reliance on control of the ocean and the intensive juridification of the sea. Stewart Motha re-imagines law’s aggressive acts of adjudication, and challenges its originary fictions by exploring the logic, aesthetics and violence of legal processes that preserve and disavow the past at the same time. Each monograph considers the imaginaries, fictions and material geographies of colonialism, alongside how these imaginaries have been used as sites of counter-claim and resistance by those subjected to their technologies.

Inhabiting the Ruins of Neoliberalism: Space, Catastrophe and Utopia Abstract In Robinson in Ruins, the third of Patrick Keiller’s trilogy of fictionalised documentaries concerning the wanderings and speculations of an unseen protagonist, the narrator informs us that Robinson had been reading Karl Polanyi’s The Great Transformation, which ‘locates the origin of twentieth century catastrophe in the development of market society in England’. Polanyi identifies how the self-regulating market is not a naturally emergent social form, but was the product of the active interventions of the state. For Robinson (and for Keiller) the contradictions between displacement and dwelling generated by laissez-faire can be revealed and challenged by an exploration of the relationships between landscape, space and politics. The melancholy tone of this trilogy can also be sensed in one of Henri Lefebvre’s final essays, in which he laments the dissolution of the utopian promise of the urban that he once dramatised through his thesis of the ‘urban revolution’. This article explores the themes that drive Keiller’s approach in the Robinson trilogy and draws out the associations in these works to Lefebvre’s writings on the politics of space, Polanyi’s critique of laissez-faire capitalism, and Walter Benjamin’s response to the historical catastrophe we understand as ‘progress’. I will argue that Keiller’s engagement with the idea of catastrophe, through spatial, social and historical registers, is an attempt to link the material ruins of our present with utopian imaginings of alternative forms of sociality—beyond the conceptual limits of capitalist realism and the catastrophic futures of neoliberal space.

Negative Mythology Abstract 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 freed of the mythological any more than myth can stand outside reason. However, the work of critical theory remains essentially the same. Whether in the form of rational myth or mythological reason, critical theory must remain in the service of right in the sense of ‘the true’, and thus remains an enlightenment project. In contrast, the aim of this essay is to put forward a model of critical theory that is sympathetic with mythology, not only in its form, but also in the work that it does, which is not in the service of the true but of the good. That model is Peter Fitzpatrick’s seminal work of jurisprudence, The Mythology of Modern Law (1992). After addressing how Fitzpatrick’s Mythology is in the form of a negative mythology, the essay elaborates the critical work of such mythological critical theory. In the case of Mythology, that work involves creating the conditions for a mythological legal pluralism, through the decolonisation of law.

Introduction

Against Exclusion: Teaching Transsystemically, Learning in Community Abstract In September 2018 the University of Victoria Faculty of Law on Vancouver Island, Canada welcomed its first cohort of students to its cutting edge and innovative joint degree programme in Canadian Common Law (Juris Doctor (JD)) and Indigenous Legal Orders (Juris Indigenarum Doctor (JID)). The JD/JID programme draws on the law faculty’s more than two decades of experience and research on Indigenous legal orders, and Indigenous legal education. It is the first of its kind in the world, combining intensive study of Canadian Common Law with rigorous engagement with Indigenous law. The rationale behind this programme is to engage with Indigenous legal orders using the depth, rigour, and critical focus that law schools bring to the study of other legal orders. Pushing against exclusion happening in higher education throughout the Commonwealth and beyond, the JD/JID programme aims to ensure that education in Indigenous Law is no longer an education in exclusion and displacement. This short piece provides necessary background to the programme, including structure and content, and details its transsystemic pedagogical and community-based learning approaches.

Regulatory Threats to the Law Degree: The Solicitors Qualifying Examination and the Purpose of Law Schools Abstract Two major regulatory changes are affecting the provision of undergraduate legal education in England and Wales. On the one hand, the Qualifying Law Degree is being deregulated, meaning law schools are free to make significant changes to how and what they teach. On the other hand, higher education in England has seen a significant overhaul through the creation of the Office for Students, which treats students as consumers. Now more than ever, law schools need to ask themselves existential questions which will not only test their continued relevance or indeed viability within the ‘market’ for higher education, but also the status of the discipline of law as a whole. The regulatory landscape may indeed present a significant threat, but it is also an opportunity to reflect on what law schools are for, and consequently what changes could result from the academic freedom that comes with deregulation. Whilst different law schools will interpret their mission differently, they should caution against either generalised inertia or succumbing to an outcomes-oriented provision that simply prepares students for the new Solicitors Qualifying Examination. Instead, law schools will find their proper purpose in critical reflection and academic self-grounding, providing undergraduate students with a ‘question everything’ mentality, and showing them that law is something to be experienced and not merely learnt.