All Judges Are Political—Except When They Are Not: A Response

The author explains the origins of All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (2010) as a response to a fundamental question posed by legal realism: How can the judicial process be permeated with politics and yet remain an accepted part of a legitimate legal system? The author demonstrates the ongoing importance of this question by examining debates over the place of constitutional law in the law school curriculum and by assessing public perceptions of the Supreme Court's ruling on health care reform. The author then addresses the critical appraisals presented by the symposium contributors. The critiques are taken as road maps for extending the author's arguments in new directions.     

The EU and Human Righ

Netherlands International Law Review -     

Remarks on the theoretical significance of Marx's Grundrisse

In recent years much play has been made with the significance of the Grundrisse for the reinterpretation of Marx's thought. The text has been represented as a vindication of those who have treated Marx's work as a relatively direct development from the early writings of 1843 and 1844, and a rebuttal of those who have sought to establish that Marx's later works constitute a radically distinct project from that of his youth, the two projects being separated by an epistemological break. This paper examines the theoretical structure of the Grundrisse, the kind of concepts that it contains and the objects constructed by these concepts. I argue that the result of such an examination demonstrates that the latter of the two positions outlined here is the correct one. The Grundrisse is shown to be an incoherent, transitional work, and its ambiguities an index of the presence of a number of theoretical obstacles.     

On the production and structuring of scientific knowledges

Kuhn's The Structure of Scientific Revolutions has contained within it a series of discrepancies, which combine to render impossible the actual theorising of changes in scientific knowledges, and their foundation in a break with a previous theoretical ideology. This paper is a close textual investigation which shows the precise nature of these discrepancies, how they mutually support each other in a discourse founded in a positivist epistemology continually undermined by attempts to theorise discontinuity in knowledges. The outcome of this is that changes in scientific knowledges appear irrational, for Kuhn presents no means with which such shifts can be thought.     

Liberal Citizenship: Medieval Cities as Model and Metaphor

In a recent article in Space & Polity, Nezar AlSayyad and Ananya Roy draw suggestive analogies between medieval urban forms and troubling contemporary realities, such as gated urban enclaves and impoverished squatter settlements. Invoking the medieval city as an analytical device, they show how several prevalent urban practices of citizenship are in tension with, and sometimes flatly contradict, liberal complacencies and democratic hopes. However, this article suggests that there is another story to be told, using some of the medieval cities they invoke to critical ends. The narrative highlights the ways in which certain medieval spatial and civic forms might enrich liberal and democratic aspirations, helping us to re-imagine at least two core values of liberal democratic citizenship.     

Economic property and the theorisation of ground rent

The theory of capitalist ground rent that Marx develops in CapitalVol. III is customarily regarded as either unproblematic, or susceptible to technical improvements. This paper argues that there are profound difficulties in Marx's theorization of ground rent and the relation of landed property to capitalist production in agriculture, and draws attention to the concepts of 'property' and 'commodity' that Marx deploys. The persistence of a philosophical anthropology in the later works of Marx emerges clearly in the deficiencies of these concepts when used in the analysis of capitalist agricultural production.