Colonial Lives of Legality and Possibilities for Resistance?

The Disorder of Things is delighted to host a symposium on Brenna Bhandar’s new book, Colonial Lives of Property: Law, Land, and Racial Regimes of Ownership. First up is the symposium organiser, Alvina Hoffmann, a PhD student in IR at King’s College London. She is review article editor, social media officer and member of the editorial board of Millennium: Journal of International Studies. She is co-convenor of the research group Doing International Political Sociology. Her thesis investigates the annexation of Crimea, the Sami people’s struggle over land rights and the Internet users’ claims over digital spaces through the lens of rights claims practices which intersect in various institutional settings such as the UN.


Brenna Bhandar’s Colonial Lives of Property takes its readers on an analytical journey through various empirical and temporal contexts, excavating the racial assumptions underpinning the development of modern property law which animate contemporary settings of settler colonialism. In Bhandar’s own words, the book’s main focus lies “on the political ideologies, economic rationales, and colonial imaginaries that gave life to juridical forms of property and a concept of human subjectivity that are embedded in a racial order” (p. 22). The book is an impressive study which skilfully combines archival material, legal cases and fieldwork to showcase the various practices of appropriation of land and its rationalisation through property law regimes. It will appeal to scholars from various disciplines studying the development and contemporary manifestations of racial capitalism, Indigenous people’s dispossession and resistance struggles, and the history of property, territory and sovereignty more broadly. This interdisciplinary form of inquiry not only helps shed new light on questions surrounding the enduring forms of racial and economic inequalities, but also offers thoughtful reflections on new political imaginaries of property.

In this post, I want to draw out three points that Brenna Bhandar’s rich and thoughtful book raises. First, I will show how her historical analysis of processes of racialisation constituted political subjects in colonial settings. Then I will focus on practices of legality and consider ways in which her analysis can be applied in international law with regards to Indigenous peoples and their claims to land rights. The final part will consider Bhandar’s conclusive thoughts on alternative political imaginaries of property which draw on an array of scholars and resources which inspire critical theories and practices of such imaginaries.

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The Right to Maim: A Reply

In the concluding post in our symposium on The Right to Maim: Debility, Capacity, Disability,  a reply from Jasbir K. Puar who is Professor and Graduate Director of Women’s and Gender Studies at Rutgers University. The Right to Maim received the Alison Pipemeier best book award in feminist disability studies from the National Women’s Studies Association. Puar is also the author of award-winning Terrorist Assemblages: Homonationalism in Queer Times (2007), which has been translated into Spanish and French and was expanded and re-issued for its 10th anniversary (2017).


Thank you for this opportunity to dialogue with International Relations scholars and for taking the time to read The Right to Maim. It is always an enormous privilege to engage new and unexpected audiences and I am grateful to Nivi Manchanda, Cynthia Weber, Darcy Leigh, Rahul Rao, Isis Nusair, and Sankaran Krishna for their thoughtful responses. Special thanks to Ali Howell for curating this forum in The Disorder of Things, and for organizing a roundtable on the book at the recent Journal of Millennium Studies conference that took place at the London School of Economics in October 2018. These scholars raise so many points of discussion that it would be impossible to be exhaustive so I will address the most salient points. To begin, while the responses have focused largely on the material that makes up about the last third of the book on Palestine/Israel, The Right to Maim is first and foremost about American empire, and therefore continues the inquiry about the violent global effects of U.S. exceptionalisms that I began in Terrorist Assemblages. In linking Palestine to a broader thesis about U.S. empire, I contend that it is impossible to address contemporary manifestations of U.S. exceptionalism without examining the ideological and material legitimization that Israel provides for U.S settler colonialism. It is therefore crucial that Palestine is neither produced as an external object to the United States nor exceptionalized as a site disconnected from other locations of settler colonialism and biopolitical population management more generally. While The Right to Maim could be read as intellectual solidarity scholarship, I prefer to situate it as a form of accountability to the field of American Studies.

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Settler Colonial Sovereignty: Some implications of Jasbir Puar’s conception of the sovereign right to maim

The fourth contribution to our symposium on Jasbir Puar’s The Right to Maim comes from Darcy Leigh and Cynthia Weber. Dr Darcy Leigh currently teaches decolonial and queer legal perspectives, as well as interdisciplinary ‘widening access’ programming, at the University of Sussex Law School. She has previously been a Teaching Fellow and/or Research Assistant at the universities of Edinburgh, Ottawa and Alberta. Dr Leigh has also worked as a facilitator, researcher and/or consultant with decolonial higher education projects Dechinta Centre for Research and Learning and the Akitsiraq Law School, as well as in the equalities and policy sectors in School, as well as in the equalities and policy sectors in Scotland. Cynthia Weber is Professor of International Relations at the University of Sussex.  She has written extensively on sovereignty, intervention, and US foreign policy, as well as on feminist, gendered and sexualized understandings and organizations of international relations.


State sovereignty, as a central analytical category in the field of International Relations (IR), has been too often uncontested (Walker, 1993). In spite of a wave of critical sovereignty studies in the 1990s (Ashley, 1988; Bartelson, 1995; Weber, 1995; Biersteker and Weber, 1996; Walker, 1993), with few exceptions those debates largely skirted or ignored altogether how state claims to sovereignty are woven through and require specific relationship to race and sexuality (Doty, 1996; Peterson, 1999; Weber, 1999). Only very recently have IR scholars come to recognize the centrality of sexuality and race in sovereign state formation (Anievas, Manchanda & Shilliam, 2015; Agathangelou et al 2008; Inayatullah & Blaney, 2004; Leigh, 2017; Manchanda, 2015; Rao, 2012, 2014; Richter-Montpetit, 2007, 2015, 2016; Sabaratnam, 2017; Shilliam, 2015; Weber, 2016). More recently still, IR scholars are beginning to recognize the centrality not just of sexuality and race, but also of settler colonialism and disability (Beier, 2005, 2009; Crawford, 1994, 2007; Howell, 2011, 2018; Leigh, 2015; Shaw, 2008).

Jasbir Puar’s challenging and provocative new book, The Right to Maim, pushes these discussions further, demonstrating the inextricability of state sovereignty from settler colonialism as configured through racialized and sexualized relations of debility, capacity and disability. In so doing, Puar contests the function and meaning not only of sovereign statecraft, but also of settler colonialism.

In this short piece, we focus on the implications of Puar’s reworking of sovereignty and settler colonialism.

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The right to maim: the interstitial existence between biopolitics and necropolitics

This is the third post in our symposium on Jasbir Puar’s The Right to Maim, by TDOT’s very own Nivi. Previous posts in the symposium can be found here.


I came to Jasbir Puar’s The Right to Maim: Debility| Capacity| Disability just as I was wrapping my head around Afro-pessimism, and specifically the claim by some of its proponents (see for instance this interview with Frank Wilderson) that any meaningful comparison (and by extension abiding solidarity) between Palestinians and black populations is – at its crux – misguided. This comes from the belief that the “regime of violence that subsumes Black bodies is different from the regime of violence that subsumes hyper-exploited colonial subalterns, exploited workers and other oppressed peoples.” I found this provocative, but also deeply unsettling: does the condition of ‘blackness’ preclude worthwhile parallels from being drawn with those suffering under a brutal settler colonial occupation with no respite in sight? Indeed, does the mass incarceration of black bodies in the US not face its equal in Gaza – the world’s largest open-air prison, as the common refrain is wont to remind us – or is ‘blackness’ antithetical to humanity whilst ‘indigeneity’ can still be, albeit conditionally, enfolded within humanity?

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Spectrums of Debility and Resistance

The second post in our symposium on Jasbir Puar’s Right to Maim is by Isis Nusair, who is Associate Professor of Women’s and Gender Studies and International Studies at Denison University. She is the co-editor with Rhoda Kanaaneh of Displaced at Home: Ethnicity and Gender among Palestinians in Israel, and translator of Ramy Al-Asheq’s book of poetic prose Ever Since I Did Not Die. She is the writer and director with Laila Farah of Weaving the Maps: Tales of Survival and Resistance; a one-woman show based on research with Iraqi, Palestinian and Syrian refugee women.  Her upcoming book is titled Permanent Transients: Iraqi Women Refugees in Jordan and the USA. She is currently conducting research on the narratives of crossing of Syrian refugees into Germany. Isis previously served as a researcher at the Women’s Rights Division of Human Rights Watch and the Euro-Mediterranean Human Rights Network.

Jasbir Puar’s The Right to Maim: Debility, Capacity, Disability makes an important contribution to our thinking about the connection between debility, capacity and disability. The book challenges binary thinking and offers a continuum when thinking about dis/ability. Puar argues that “capacity, debility and disability exist in mutually reinforcing constellation and are often overlapping or coexistent, and that debilitation is a necessary component that both exposes and sutures the non-disabled/disabled binary” (Puar, xv).

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The Right to Maim: A Symposium

Alison Howell is Assistant Professor of Political Science at Rutgers University – Newark, where she is also affiliated to Women’s and Gender Studies, the Division of Global Affairs, and Global Urban Studies. Her research examines the global politics of science and technology, especially as it relates to the uses and abuses of medicine in war and (settler) colonialism. She is currently co-authoring a book with Melanie Richter-Montpetit, under contract with Oxford University Press, titled Race and Security Studies.


I’m delighted to provide an opening introduction to the Disorder of Things symposium on Jasbir Puar’s The Right to Maim.

Clearly, Puar’s vast body of work has already had a significant impact on International Relations. Recently published in a tenth anniversary edition, Terrorist Assemblages offered IR students and scholars a set of concepts including homonationalism, which continue to help us to develop deeper understandings of the queer politics of global racial violence and imperialism. The Right to Maim is no less bold in its interventions, yet again re-shaping our understandings of topics at the heart of much IR research, including war, security, (settler) colonialism and capitalism. It also offers altogether new avenues for research.

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A Palestinian Perspective on Labour’s Anti-Semitism Row

Nimer SultanyThis is a guest post from Nimer Sultany. Nimer is is Senior Lecturer in Public Law, SOAS, University of London. His book Law and Revolution: Legitimacy and Constitutionalism After the Arab Spring won the 2018 Book Award of the International Society of Public Law, and is shortlisted for the Society of Legal Scholars’ Peter Birks Prizes for Outstanding Legal Scholarship.  

 


Imagine the uproar if the leader of the Labour Party Jeremy Corbyn were to cite Mahatma Gandhi on the question of Palestine (November 1938): “But my sympathy [to Jews’ conditions in Europe] does not blind me to the requirements of justice. The cry for the national home for the Jews does not make much appeal to me… Palestine belongs to the Arabs in the same sense that England belongs to the English or France to the French.” It is unlikely that Corbyn would cite Gandhi on this, however. According to the controversial IHRA definition of anti-Semitism, which the Labour Party is set to adopt in full, “denying the Jewish people their right to self-determination” is anti-Semitic.

The timing of this suppression of free speech is troubling. At the very time the Israeli government is implementing ever more extreme policies that solidify Jewish supremacy vis-à-vis Palestinian citizens inside Israel like me, Corbyn’s critics seek to expand the definition of anti-Semitism to the extent that it would stifle criticism of these very racist policies. At the time Israel routinely kills scores of Palestinians with impunity, Corbyn’s critics seek to deny him the ability to express unwavering solidarity with the Palestinian struggle for freedom and equality, and deny us Palestinians the means by which we can express our suffering and name our oppression.

Whereas Corbyn’s critics seek to portray him as “palling with terrorists”, they have no qualms about celebrating, as Mark Regev did, Zionist leaders like Menachem Begin who was the leader of a breakaway alt-right group that murdered British officials and Palestinian civilians. Begin’s actions were part of the Zionist movement’s audacious armed robbery of the Palestinian people’s homeland to establish an ethnocracy.

Are Corbyn and his critics equally selective? Are Begin and Arafat both terrorists-turned-to-peacemakers?  This discourse that makes Corbyn on the defensive is one that supports the violence that maintains colonialism and apartheid but condemns violence that seeks to resist it. It sanctions violence that sustains the longest military occupation since World War II. Yet, it is anti-colonial militants who seek to put an end to this systematic violence who are routinely condemned. The context in which violence occurs is eradicated.

Zionists like Andrew Feldman, the former chair of the Conservative Party, reduce Zionism to “Jewish national self-determination” in order to equate anti-Zionism with anti-Semitism. Yet, the opposition to Zionism is precisely because it is not “a national self-determination” movement, but rather a settler-colonial movement. Continue reading