On being bent back into shape every Autumn

Image result for worn stone steps

“Me, I’m just a lawnmower. You can tell me by the way that I walk”

Genesis (1973) I know what I like (In your wardrobe).

I’m shuffling around the house, trying to break in a new pair of shoes. At times I feel like giving up. My movement has been rendered so laboured by my new apparel. I try to keep on the level, because every attempt to use stairs triggers a pulse of intense sense-data rushing from my feet to my head. The act of ascending or descending has suddenly taken on a whole extra dimension of information. Without this self-inflicted ordeal I would be bounding around my familiar spaces without thought, but as I try to bend these shoes to my will they are forcing me to engage with my environment oh so much more deliberatively.

I take the shoes off. My feet visibly enter a state of calm repose. They stop their manic environmental signalling, but have evidently paid their price in the short war of my flesh on leather. My skin has yielded as much as the leather has in this battle of accommodation. It is broken and weeping.

The start of term brings new shoes and an awareness of the need to be presentable for the arrival of students. My body and mind must be bent back into shape. Summer has let the mind and body slouch. Sinews must stiffen. Confidence and authority must be personified. “Don’t smile until Christmas” someone once said.

The corridors and stairwells are starting to fill with bodies. There is always a week or so of spatial anarchy at the start of each academic year – it takes a while for the rules of flow to re-establish themselves (even with the “keep left” signage). Eventually everything will bed down. Everyone will assimilate to the staircase’s ways of doing. Transgressors will be tutted at, blocked by a properly aligned descending throng. It will soon become realised that there is nothing to be gained in trying to travel up (or down) the stairs against the flow.

And some of those moving bodies will belong to my final year students, freshly released from their placement years. I will be shocked (but somehow also not surprised) when I see them. They will be taller. About two inches. And this will be a product of two changes. First, some sharper, tighter clothes bought with their placement wages, but secondly (and I think more importantly) they will seem taller because their posture will have changed. They – literally – will be holding themselves differently. More confident in their abilities and the value of their knowledge and skills they hold themselves up straight. Their placement have changed them. They have allowed themselves to be bent into shape by the experiences that they have engaged in. Not all of that bending will have been painless, but it has produced palpable change.

Writing in 2011 Philip Hancock and André Spicer wrote of how neoliberalism’s colonisation of Higher Education could be detected in the very arrangement of University spaces, and that this rendered blatant the contemporary view that University campuses are simulacra of corporate campuses, and that therefore University spaces were environments intended to shape students into the dispositions of the “new model worker”. Whilst the affinity between the contemporary University space-aesthetic is blatantly Googlesque (all multi coloured soft furnishings, with an accent of multiple configurations of creativity and adaptabilty) their suggestion that places bending people into shape might be something new is where I probably diverge.

The design of a 1960s university campus embodied its own notions of ordering bodies, statuses and purposes. As did the precincts and cloisters of earlier iterations of the academy. Buildings playing a role in bending bodies into conformity in prisons, schools, convents and barracks is nothing new, as Thomas Markus (1993) has shown.

And, to suggest that students are formed by their material environment is to deny the mutual bending and rubbing entailed in any accommodation. Just as with my shoes, the influx of students affects the fabric, form and function of my university’s buildings, its corridors and staircases. In the short-term this rubbing is the disordering of use and flow. In the longer term it is the physical wearing down of the treads, causing feet to fall into patterns set by the actions of thousands of feet that have passed by before. On the stairs the bodies are shaped by the arrangement and culturation of these risers, and simultaneously the flow of bodies affects the stairs.

As Levi Bryant puts it – linking the environmental conditioning that (for Pierre Bourdieu) creates hexis (physical bodily dispositions within an environment), emergent identities and change within the environment itself:

“…people who live their lives at sea on barges and tugboats such as my grandfather. Their movement and manner of holding themselves is absolutely distinct. They walk a bit like a crab, their legs squarely apart, their shoulders slightly hunched, arms at the side. they have folded the movement of waves into their bodies, generating a form of walking and standing that allows them to traverse the surface of boats without falling over or stumbling. So inscribed is this movement of waves in their musculature that they are eventually unable to walk or hold themselves in any other way even on dry land. The sailor’s body literally becomes a wave made flesh.” (Bryant, 2014: 127)

As Bryant points out, this disposition is not a matter of signification. These adjustments have become embodied, and inseparable from a state of competent dwelling within a body, within a situation and within an identity. They may have stated out as consciously willed, as affected mannerisms, but they have become something much deeper. They are embedded as muscle memory within their human hosts, and in a parallel embedding, they have also imprinted themselves into the material conditions, and symbolic orderings, of the places that those bodies inhabit.

Were we to inspect them we would see the sailor’s comfortable craggy boots, soles worn away at odd angles testifying to the crab-man’s necessary gait and his adventures at sea.

 

References

Bryant, Levi, R. (2014) Onto-Cartography: An ontology of machines and media. Edinburgh University Press: Edinburgh.

Hancock, Philip & Spicer, André (2011) ‘Academic architecture and the constitution of the new model worker’, Culture and Organization, 17(2) 87-90.

Markus, Thomas A. (1993) Buildings and Power: Freedom and control in the origin of modern building types. Routledge: London.

Image Reference

https://www.reddit.com/r/mildlyinteresting/comments/26grnr/stone_steps_worn_down_from_foot_traffic

 

 

 

Towards a legal psychogeography: counter-reverie, overdetermined texts and the ghosts of waterlogged ditches

LW378-MC-Escher-Puddle-1952

“Momentarily distracted from his plans by the chirping of some unnameable night bird, he looks eastwards across the brightly lit Edgware Way, towards the high ground at Edgewarebury. Perhaps moved by some spontaneous memory of childhood holidays spent in the New Forest, his imagination lingers in the woods and fields like a slowly drifting plant community and then dissolves into ditches lined with black waterlogged leaves – a residue of previous summers – and the ghosts of dead insects”

Nick Papadimitriou (2012) Scarp: In Search of London’s Outer Limits, London: Sceptre, p.20).

I’ve recently had a substantially revised version of my chapter for Tina Richardson’s (2015) Walking Inside Out: Contemporary British Psychogeography edited collection published in the French geography journal, Revue Géographique de l’Est. Its free to access here. In the article I keep my play with two passages from Scarp, and my desire to examine counter-reverie, the way in which dry, serious, mundane reality crashes back to mind after the type of momentary drift into the elemental undergrowth as depicted by Papadimitriou in the passage above. But whereas in the original book chapter I came to this point by introducing psychogeography to the potential for fertilisation with contemporary legal geography (and its fascination with the prosaics of background dry, serious, mundane reality) in the French journal version I’m writing for a legal geography audience, so run the intro in the other direction: introducing legal geographers to psychogeography.

In Spatial Detectives (Bennett & Layard, 2015) Antonia Layard and I endorsed Braverman et al’s (2014) call for legal geographers to engage more widely with other disciplines. We also noted legal geography’s emerging interest in how individual minds and bodies in interaction with the material world come to create subjectivities which mediate spatio-legal formations. This increasing interest arises from a new found attentiveness to pragmatism (the processes by which meaning is formed in – and in turn informs – social action) by North American legal geographers (Delaney, 2010; Blomley, 2014) and to the increasing influence of the “more than human” (Whatmore, 2006) turn in British geography with its attentiveness to an affective materiality (Bennett, 2010) between human and non-human bodies. We suggested that, as a result of this conjunction, legal geography could now embrace a fully holistic study of the co-constitution of law and space, one that gives proper regard to the influence of the “affective geographies of matter” (2015, p. 419) upon the experience of place and the resulting situated normativities. But this would require a new open-mindedness: an actor-centred interpretive approach which was both attentive to, and capable of, portraying how this sense-making necessitates a constant filtering of myriad stimuli and contexts, in which sometimes – but only sometimes – a legal frame of reference comes to the fore in an actor’s understanding of their situation. This article explores how legal geography might develop these analytical tools – and looks to the concerns and methods of psychogeography as a possible aid and ally.

In Spatial Detectives we noted that law does not appear to be present as the primary guiding force in ever spatial scene and accordingly we argued for an attentiveness to context, primarily in the form of a commitment to a deep, analytic explication of the actual law present within a scene. We felt that in existing legal geographic scholarship the content of the law itself is often left under-examined, and that only a deep analysis (one that included analysis of the law itself) would explain how a specific scene was constructed. But we also acknowledged that in our day to day lives we are all already legal detectives, we all necessarily enact moment-by-moment interpretations of law, translating law’s abstractions into spatio-material circumstances, and thereby guiding our interaction with places and objects. Thus, to explicate law’s involvement in actors’ cognitive (conscious, deliberative) and affective (subconscious, felt) engagement with the world legal geographers would need to act reflexively, as self-aware spatial detectives, finding ways to render explicit the influence of spatio-legal normativities. My article argues that bringing that dynamic mix of half-thought assumptions and carefully deliberated translations of law clearly into the analyst’s view may require creative exaggeration and/or surrealist-inspired distortion, in order to see, and/or to question, law’s spatial influence.

Our view that law is not always to the fore, and that at times it is at best a barely perceptible background noise has found positive development in Andreas Philippopoulos-Mihalopoulos’ (2015) theorising of law’s tendency to recede – or withdraw – from view, leaving its situational ‘lawscape’ often not readily noticeable. The task of the legal geographer then should be to explicate law’s quiet shaping influence over the normativities of place. Accordingly, in this article I pick up on (and develop further) one aspect of Spatial Detectives, namely that a truly holistic legal geography would express “an embrace of the limits of law’s reach, its logic and even its coherence when encountered within the daily world-making of individual actors” (Bennett & Layard, 2015, p.417). In other words, that legal geography would find a way to be comfortable about discussing the irrational and the inchoate within any particular situation and it would strive to resist the temptation to render everything down to a neat account of law’s shaping presence (and whether that is foregrounded or withdrawn).

Irus Braverman (2014) has argued that geographically inclined lawyers are well placed to investigate the way in which places are constituted, because, their training gives them a familiarity with the bureaucratic practices and dispositions of place-makers and imposes a rigor in analytical (forensic) delineation of law’s presence and directive power. In short, a legal analysis can cut through the cacophonous noise of reality to find underlying semantic and normative frameworks. However, this set of talents can also be a weakness, for the urge to explicate underlying legal (and/or power) structures re-imposes an analytical order and clarity that the scene (and the minds of the actors under observation) may not actually have.

I then reveal my concern to show a potential role for psychogeography in the extending legal geography’s project by finding ways a consideration to the ebb and flow of subjects’ regard for law as a constitutive framing of a spatial situation, its jostling for influence alongside other frames, moment by moment; and how a creative embrace of incongruity can be used to challenge the tendency of law to withdraw into the shadows in most ‘everyday’ situations. In enlisting aims and methods from psychogeography, I thereby end up sketching out the common ground of a legal psychogeography.

I explain to my audience that the term ‘psychogeography’ was coined by Guy Debord to define a mode of urban investigation that linked directly to the Situationist International’s (S.I.) radical political aim of revealing the cultural logics by which passivity and conformity is achieved in modern, consumerist society, with particular regard to the pacification induced by urban spatial arrangements. Like many new Left intellectuals, Debord’s primary concern was to understand why the revolution predicted by Marx’s scientific socialism had not occurred.

In an early programmatic text Debord positioned psychogeography as a systematic project, one which “could set for itself the study of the precise laws and specific effects of the geographical environment, consciously organized or not, on the emotions and behavior of individuals” (Debord, 1955, n.p.). Debord had studied law at the University of Paris in the early 1950s (but left early and never completed his studies), and thus would already have been aware that legal laws shape the environment, and people within it. But oddly psychogeography never saw investigating the influence of such laws within the generation of urban-political affects and subjectivities as a part of its project. By 1955 Debord was embracing Marxist theory (and its material determinism) and (consistent with the emergent ‘spatial science’ paradigm then ascendant in geographical analysis) was seemingly instead thinking of psychogeography as a way of revealing the ‘social laws’ beloved of classic positivistic sociological analysis.

Influenced by the surrealists, psychogeography developed seemingly playful, unconventional methods with which to expose the oppressive normativities of urban life: the détournement (using something in an unintended way – such as using a map of London as a means to travel across Paris – in order to reveal constraints and possibilities) and the derive (urban drifting) in which through open-minded movement ignoring all constraint and pre-supposition, the mind would be opened to encounter with all phenomenon without differentiation or respect for spatial-territorial conventions.

Thus, whilst concerned with explicating urban normativities per se, psychogeographic practice from its inception had a blind spot: it paid little (if any) attention to the role of legal laws in the constitution of the urban condition. After the failed revolution of 1968, the S.I. (in Paris and its affiliates in other cities around the world) reduced in political valence, and psychogeography slowly became rebranded as an aesthetic critique of urban life (rather than an explicitly revolutionary programme), surviving mostly within art schools and the outer fringe of cultural politics. The roots of contemporary British psychogeography can be traced to early 1990s London, where it surfaced as a loose, playful aesthetic practice stripped of its originally declared political reconnaissance rationale. Contemporary British psychogeography is primarily a literary practice – with derive and detournement being deployed as a spur to follow-on poetic write-ups for the individual’s psychogeographical adventures.

And this is where my deconstruction of Papadimitriou comes in. I use (and arguably abuse) two of his passages for my own ends. After the original 2015 version was published, Papadimitriou contacted me for a copy, and from his subsequent reply I think he was a little baffled by the detournment that I’d inflicted upon his own text. Seemingly I’d read rather a lot into two passages that he’d only ever regarded as incidental. But that doesn’t matter. These passages have a life of their own, it doesn’t really matter what he meant by them. They (like laws and “ditches lined with black waterlogged leaves”) things that are out there now. They have their own lives to live and their own potential effects and influences to weave.

References: please see the citation list in the article

Image source: M.C. Escher (1952) Puddle via https://www.mcescher.com/gallery/back-in-holland/puddle/

 

C.

They’re behind you!: Phelgm’s giants and mining the excess of their event

Phelgm giant

“There is no smoothness without striation. Creation is never free and savage, just as there is no life as a generative principle beyond diagrams. Life or desire is not a romantic substance outside the logic of the norm (which is only a way to reactively confirming it), but rather an inhuman and impersonal potential for relations to emerge. Life, or desire, are always machined, hence the need to explore the real conditions of possibility which simultaneously close and open the smooth paths of creation, rather than simply chanting the glory of transgression.” (Pavoni, 2018: 155)

The van pulls up suddenly, having turned sharply into this side street. The burly driver leans across the passenger seat and calls out to us.

“What’s going on here then?”

There is no reply. Everyone in the line tries to pretend that the question is not addressed to them. And indeed it is not addressed to anyone individually. But a moment later the driver is still there, waiting for someone to catch his eye. The driver’s cab is directly opposite me. Sooner or later our eyes are going to meet.

I surrender to the instinct to not leave a question unanswered. I feel the need to respond.

“It’s an exhibition.” I announce awkwardly. Phrasing that statement in a way that shuns further elaboration.

The driver smiles as something slots into place in his mind.

“Ah, ok. I’ve kept seeing this queue and wondered what it was for.”

And with that he was gone. Gone to the bottom of this shabby road to complete his delivery.

The queue pretended nothing had happened and I stood wondering why I couldn’t bring myself to say the words that were really in my head. I had settled for the worthiness of ‘exhibition’ rather than the exclusiveness of ‘art installation’. Even in a queue of self-selected art fans this didn’t seem the kind of thing to shout out too loudly in this neck of the woods.

The queue moved in slow pulses, one rhythmic shunt forward every 20 minutes as another batch of 35 punters were marshalled inside the former Sheffield cutlery works to see street artist Phelgm’s ‘Mausoleum of the Giants’ installation. As we waited we were kept updated by the volunteer guides on today’s and otherday’s waiting times.

“It was three hours waiting time yesterday. We had to close the line early”.

Entry to this free event would be paid for by its own trial of ordeal – queuing. It felt appropriately ritualistic, our waiting our turn to pay respects to the giants in their mausoleum.

This event – a temporary occupation of a factory-building-soon-to-be-refurbished-as-apartments – has attracted considerable local interest, drawing the arty types into the heart of this backwater zone at the bottom of the city centre, disciplining our bodies and minds to the locality and its potentiality as we stand on display to passers-by. Here we are an incidental installation of sorts. We’ve come to experience the area. But the area must experience us too, it must sniff us out, just as we sniff out fresh cultural fare. We – temporarily at least – must learn to inhabit the same space and make sense of each other.

Entry

This post opens with a quote from Andrea Pavoni’s (2018) book, a complex text that I’ve been reading this week. The book is about many things and can be read (used even) at a variety of levels of abstraction. Put simply Pavoni’s key point (building on the work of Andreas Philippopoulos-Mihalopoulos (2015) regarding lawscapes and their engineering of atmospheres) is that law (in its widest sense, as normativity) is always present. Sometimes its presence is clearly evident, whilst at other times it is harder to spot. But it is always there, and modes of engagement that try to deny or destroy its presence will simply lead to a (slight) reorientation of law’s form of presence. Pavoni, then extends this logic to urban events, arguing that contemporary capitalist urbanism will always co-opt (increasingly as eventful “brandscaping” (Pavoni 2018: 168)) any attempt to subvert itself, and that anyone who thinks that they can create spaces that are autonomous from this milieu is deluded.

Pavoni and Philippopoulos-Mihalopoulos each try to rescue some progressive potential from the bleakness of their conclusion. They seek to do so through a form of play – a tactical embrace of multiplicity that works with the inevitable excess that any place or situation holds. Just as law is always struggling to consume its own excess, so any experiencescape engineered or co-opted by commerce will inevitably have its own excess, something that is both an opportunity for differentiated engagement with the event or place (simultaneously something pleasurable and painful: the openness of possibility (of ‘happening’) for the participant and the anxiety of unpredictability for the place/event manager, who has to try and anticipate all of the potentialities that could spill as excess from the intended event/place).

And risk assessment – a modelling of those potentialities – and event planning is how that excess is identified and controlled.

So, back in the queue, and as we approach the entrance I’m ruminating on this (and was this – the ruminating academic who might get so wrapped up in his thoughts that he trips on the factory’s uneven floors – factored into the risk assessment and its resulting management plan?). You can never think of everything. You can never cover-off all eventualities.

sign layers

This event is enabled by the developer. They have made the space available. It helps to raise the profile of their development, it gives them a funky urban edge. It has certainly mobilised Sheffield. Is this co-option bad? Would the installation be better, more authentic if it was illicit, unsanctioned? Why would that make any difference?

I sense that Pavoni would point out that co-option is inevitable, and there is no ‘free space’ beyond it. The productive challenge is how you multiply meaning within it. Pavoni suggests how this working-within might be done. His argumentation is targeted at law but his examples are mostly instances of arts practices and (re)interpretive effects applied to abandoned buildings. He characterises tactics that seek to activate the “inoperose” potential, from working within it. Likened at one point to gardening, the inoperose stance would notice the weeds, and find a role for them too.

duty of care

I’m still chewing on Pavoni and Philippopoulos-Mihalopoulos’ thoughts on modes of engagement with the inescapable within and the potentialities of its excesses. Their work – in part – grows out of Gilles Deleuze’s writings, in particular his idea of the ‘virtual’ as the source of this excess and its potentialities and his interpretation of action as fuelled by networks of desire rather than knowledge/power. I need to dig in further and work out how it can fit my needs (and desires!). But there’s already an analogy here: academic thinking is a process of digging into and reconfiguring concepts into new combinations to see what effects that releases from the as-yet-not-quite-captured-by-others swirl of potentialities within any field’s excess. But that production has to work within existing canon and interpretive communities. In short, games have to be played within the board or on the pitch, norms conformed to, pacts entered into with commerce. There is no other, pure uncaptured space outside of these already striated spaces.

So, why should the ‘meanwhile use’ equation of art + empty buildings + commerce be any different?

And maybe the acid test (after Pavoni and Philippopoulos-Mihalopoulos) should be how well the event has left open the possibility of other readings – of cross-readings of the situation’s excess, by looking behind Phlegm’s three dimensional creatures.

Phelgm juxtaposed

So, for my part, my perusal of the mausoleum / old factory was trying to spot where the building’s two identities were juxtaposed.

 

And to read the weary, battered signs of health and safety compliance as a parallel event, one showing that the lawscape never fully leaves the scene. Instead its indicia now beat out a contrapuntal rhythm alongside the art – a strange place-jazz, speaking to two different pasts: the past of the labouring bodies regulated here and the invented (but foregrounded) past of Phelgm’s giants. 

 

This is not to say that the safety signage would have been invisible to the other art-visitors, the ephemera of deactivated signage and its authenticity is a stable of industrial ruin aesthetics – and already commodified and aestheticised as such. But even so, the relations of these signs to each other and to the otherwise invisible lawscape is something that only comes fully to the fore if the place is read with a certain forensic background knowledge. So, my inoperose investigation was a legal archaeology of sorts. As I wandered around I was starting to piece together which sign would have originated when (based upon when the legislation requiring them to be put up was enacted) and thinking of them as another slow moving processional movement – this time the year-by-year implementational actions of a likely foreman (perhaps later re-titled as ‘health and safety manager’). What was the object of his desire? Maybe he was driven by a sense of pride in keeping up to date with “the latest requirements” and mapping these onto his establishment. Perhaps he drew his power and authority from this ‘writing onto space’ and his desire was for respect or purpose. Or maybe his desire was actually anxiety: he laid out this sedimented trail out of perennial fear of the accident (the ultimate excess of risk, always waiting to leap violently out from the grinding wheels and presses).

More conventional, front-facing, images of Mausoleum of the Giants can be found here: https://mausoleumofthegiants.co.uk/

References:

Pavoni, Andrea (2018) Controlling Urban Events: Law, Ethics and the Material. Abingdon: Routledge.

Philippopoulos-Mihalopoulos, Andreas (2015) Spatial Justice: Body, Lawscape, Atmosphere: Abingdon: Routledge.

Image credits: Mine, all mine.

Back in the Grotto: elf ‘n’ safety, providence and thrill

 

img_1381

“law is a project aimed at manipulating, governing and channelling senses into precise categories, boundaries and definitions; at the same time, it is a process emerging out of the sensorial intermingling of human and nonhuman, tangible and intangible bodies, as such inseparable from this continuum.”

Andrea Pavoni, Controlling Urban Events: Law, Ethics and the Material (2018) Glasshouse/Routledge. p.159

All around me elves and safety, as we walk along the winding path at the come-and-pet-a-goat-this-used-to-be-a-working-farm-once-y’know attraction. I’ve been here before – to this place and to this theme – I didn’t come here as research. A mid December family outing saw us rock up. The place is near-empty, slightly too cold, and not quite close enough to Christmas to have any air of anticipation. It would also make more sense if there was snow. Too much ex-farmyard scrub and scrap remains in view, a blanket of white would knit everything together nicely. But that cold unity would create problems of its own – paths to be cleared and gritted to ensure maximal circulation of this place.

We are given a map – cartoon style (as everywhere) it carves up this place into zones, allocating themes, promises of particular atmospheres and colour-coded do’s and don’ts. The design of the map, and the topography that it represents, assumes that we will walk at a certain place, along particular routes and have particular sensations and experiences along the way. The places we are not supposed to go – the backstage, attraction-enabling, zones – are shown only part-drawn at the periphery. No colour-coded lines of movement run through them. These places are meant to look so unexciting that they will be entirely uninviting. A subtle form of prohibition based upon an engineered reversal of desire – an aversion-lite. It is sufficient for most, though risks a beguiling counter-attraction effect for some contrarians.

It all gets me thinking again about how places are parsed and encoded in the name of ‘health and safety’, and how some of the resulting normative orders are clearly contributing to that goal, whilst others seem simply the modern – acceptable – way of saying, “this is private”. And also that in “attractions” like this place, there is a dual encoding, a conformity to the curator’s perception about provident risk management sits alongside a staging of thrill, simulated jeopardy, or authenticity.

I ponder the tensions between these as I stoop to bend my lanky body into the mesh, caged frame of a sheep trailer and set off on a jolting tractor ride around the site. We stare out at the park and its uncaged patrons, who stare back sometimes envious (we were ahead of them in the queue for this experience) and others who view us as entertainment – a cage of strangers trundling around the petting zoo. Human flesh, in a pen-on-wheels that smells like it was host to an incontinent flock earlier that day. Then the highpoint, first the three-point turn in the otherwise off-limits backstage storage bay, then being sprayed with water jets as we meander down dedicated tractor-only trails amidst the motley assortment of inflatable santas, elves and snowmen. They also stare at us, except for the ones who have fallen over or twisted away in the flatland winds, now facing obstinately elsewhere.

This wet smell-fest assault is hardly the glass skywalk in Shinuizhai National Geological Park, China, where an exposure to fear is the raison d’etre of the place, but clearly we are meant to be destablised by this tractor ride – and we might leave unfulfilled were there to be no simulated jeopardy at this place. We’re we to be feeling entirely safe and certain here would mean that the place had failed as an “attraction” – a place that offers the promise of an encounter with something non-standard, and not entirely under our control.

So, having obediently washed my hands and (having brought our own picnic) not eaten it in the warm cafe area but instead in the designated cold, outdoor shame-benches of the frugal, I decided to offer-up the following conference abstract to the ‘Practising Legal Geography’ session at RGS-IBG 2019 (London, 28-30 August) – see last month’s post for details of the CFP:

Providence in place management: can critical legal geography account for zonal risk assessment?

“You can go there, but not there, and only there if accompanied”. Risk assessment is a fundamental place-making technology, one which often results in the parsing of sites into zones of normative differentiation. How is this zonal arrangement brought about? This paper will examine the practices by which law’s concern for managing the risks of injury to recreational visitors is spatialised. These practices involve the pragmatic translation of law’s abstract fears into site-specific judgements by lay-actors, principally site managers, who as neither lawyers nor professional geographers must perform delicate normative encodings of their places. This deployment of law into place by managers is a two-step process, requiring first their reading of the features and circumstances of a site and secondly, their devising of locally workable rules of being-in-place. The paper’s analysis of these lay legal geographical translation practices will be based on a comparative survey of risk assessments prepared by hosts for visitors to ‘awkward’ heritage sites. The study will show how key ‘risky’ features of those sites are identified, evaluated and presented through the managers’ mediation between safety legislation and other ‘attraction’ priorities, such as thrill, authenticity and affordability. In interpreting this data the paper will explore how well-suited critical legal geography, and its customary focus upon tracing power relations and subaltern identities, is to examining and understanding the spatial aspects of risk assessment and its resulting place management, and whether alternatively Philippopoulos-Mihalopoulos’ (2015) and Pavoni’s (2017) more acceptive legal geography can offer additional opportunities for investigation and insight.

RGS-IBG 2019 CFP: Practising Legal Geography (deadline 7th Feb).

chain

If my time spent as a practising lawyer taught me anything it was that the law only makes sense when it is actively applied to a particular situation – when it is used tool-like to achieve something. There’s a similar, practice-focused, sensibility in theories of space and place: that delineation of bodies within space, and identification with defined ‘places’ only really happens as part of some pragmatic project or other. Just as law is activated by doing, so the material, extensive world is only parsed and invoked as part of doing or being something.

I’m not involved with the following CFP, but its aim to focus on the role of practise within legal geography (that intersection of two normally unrelated seeming modes of delineation)  potentially raises some interesting opportunities for unpacking the ways in which law and geography each borrow from the other in the doing of their worlding…

Call for Papers: Royal Geographical Society with IBG Annual Conference, London, Wednesday 28 to Friday 30 August 2019.

Session convenors: Katherine Brickell (Royal Holloway, University of London), Alex Jeffrey (University of Cambridge), and Fiona McConnell (University of Oxford).

Session sponsorship (pending): Geographies of Justice Research Group and Political Geography Research Group (POLGRG).

In the sessions we are interested to bring together papers from across the natural and social sciences which engage in practising legal geography. While the legal geography project has grown and strengthened in the discipline since the 1980s, it has lacked sustained discussion of practice, variously defined.

Practice includes questions of methodology and approach (i.e. feminist, participatory etc.) in the ‘doing’ of research. The sessions seek to reflect upon and expand the methodological diversity and playful experimentation called for in legal geography (Braverman 2014). Practice also encompasses the use of findings from research (perhaps initially unrelated to the legal realm) in impact-work which can take diverse and unanticipated forms in a plurality of legal settings. These include, but are not limited to: acting as an expert witness, giving testimony, assisting individuals or groups facing legal challenges, and/or advising those seeking to change the law.

Our call seeks papers which speak to one or more elements of practice. As such, we are keen to foster critical discussion on the making of, and inter-relationships between, geographical and legal knowledges, performances, and expertise.

The sessions build on a national survey of geographers (findings forthcoming) by the conveners and Fiona Nash from the RGS-IBG “Using Geographical Expertise in Legal Settings: An Exploratory Survey”.

We are looking for titles and abstracts of up to 250 words to be sent to Katherine Brickell (katherine.brickell@rhul.ac.uk) by Thursday 7th February 2019.

We are also considering proposing a special section for the journal Area. A special section normally consists of 5 to 7 papers. Please let us know if you would like your abstract to be considered as one of the papers when you submit your abstract to us.

Reference: Braverman R (2014) Who’s afraid of methodology? Advocating a methodological turn in legal geography. In Braverman I, Blomley N, Delaney D and Kedar A (ed) The Expanding Spaces of Law: A Timely Legal Geography. Stanford: Stanford University Press, pp.120-141.

Image source (added by me): a land surveyor’s chain. The chain is a unit of length equal to 66 feet. It is subdivided into 100 links or 4 rods. There are 10 chains in a furlong, and 80 chains in one statute mile: 3.bp.blogspot.com/-SpSYznV0XZs/TXFXr318cLI/AAAAAAAAAAU/zefhcO_q3oE/s1600/

 

From the bottom drawer: on rescuing three old thoughts about law’s quiet presence in place

Image result for messy filing drawer

“…spread the parts out on the table and try to work out the relations between them.”

Nick Papadimitriou (2012) Scarp, Sceptre: London p. 254.

A rejection arrives. A colleague grabs for some consolation: “You’re not alone, I have a bottom drawer full of papers that never got anywhere”.

This is a strange sport – offering up sacrificial items to the shape-shifter known as Peer Review. It makes sense to have quality control, but it can produce strange effects. A line of analysis developed across a number of linked intended papers becomes thwarted when a component part is struck dead by The Arbiter. A major rewrite then ensues for the project, to swerve around the carcass now thrown down from Olympus.

Arguments can be refined this way – their salience improved in the astringent logics of truncation. But what is to become of these thrown off, defeated pieces? You place them in the lower drawer, and quickly (for the sake of your ego) turn you mind to other things. But those fragments still haunt. They remain a key, formative part of your other still-living components and their rejection gnaws at you. Over time those voices variously murmur away: speaking of the dead time still locked in them and of the things you really would still like to be saying publically. But you know that starting something new is a safer bet.

So what to do?

Well, for me I’ve managed the murmur over the years through this blog – for every potential project that springs to mind whilst out walking the dog only 1 in 10 is every going to have the luxury of a formal investigation and write-up. As time ticks by (“you’re not getting any younger Luke” comes another murmur) the best I can do is fire off an approximate sketch of WHAT MIGHT HAVE BEEN. Perhaps in a parallel universe somewhere, a different me catches the idea and does something proper with it. I wish him well.

But sometimes the murmurs niggle away because one or more of the pieces discarded to the prison of the bottom drawer need to live – because its siblings, still in play in various stages of review or public circulation depend implicitly on ground mapped out in the hidden fragment. Here comes the need for reanimation: to stew up the bones of the discarded papers, to extract the vital juices and DO SOMETHING with these fragments.

And so – it seems – I’m currently in a soup-making phase. I presently have on the hob (sorry – this metaphor is getting rather loaded) three reanimated papers which I’m bringing back into the light of day for a combination of reasons. First, because we all have to be seen to be productive and leaving things unpublished is just not playing the game. Secondly, because what I want to write next (about law, ruins and haunting) needs these precursors publically in place, otherwise only I will know why I’m saying what I’m trying to say and thirdly, because the opportunity has arisen to get these reanimated papers published.

So, what I have coming soon is (with the caveat that these re-workings of old rejects might yet be potentially re-rejected, but hopefully not):

The remix: I’m working on a comprehensive reworking of my ‘tentative steps towards a legal psychogeography’ chapter from Tina Richardson’s Walking Inside Out: Contemporary British Psychogeography 2015 edited collection). The aim here is to reposition the argument so that it is addressing legal geographers rather than psychogeographers, and urging them to be more attentive to the approximation and messiness of law’s presence and prominence in mundane situations. In the recasting of the paper I try to show using passages from Nick Papadimitriou’s Scarp how attentiveness to law and other formal framings of any spatial situation are present but often at a comparatively low level of appearance than other less formal normative influences. What I will be seeking to show is how a half-thought of law may quietly – but only quietly and approximately – contribute to the making of and action within a place. If my minor corrections are accepted this will appear as an article in French geography journal in 2019.

The reanimation: the second item, also awaiting confirmation that minor corrections have been cleared, is a write up of a study that I did back in 2009. A couple of years later I tried to get it published in a built environment law journal. The proposed article outlined my early thoughts on the mechanism of law’s haunting: how places and people (and their entanglement) replicate in dead-hand fashion established normativities for a site, and perpetuate them long after their original purpose has disappeared. The key issue in the study was how (and why) precautionary signage was maintained by successive owners of a field attached to a countryside pub. The journal’s reviewers hated it. One said that “it was the kind of postmodern clap-trap that passes for research these days”. You have to choose your outlet and audience carefully in this game. The editor suggested some major rewrites to make it more conventional, but I felt this would make the paper miss its own point. So I pulled it and placed it gently in my bottom drawer. But over the years I’ve kept on needing to cite it in my subsequent work, and haven’t been able to. After a few years I tried to get it into an edited collection but that project fell through. Then I saw a call from an online journal. This was never going to be a way of keeping my institution’s REF police at bay in terms of high quality outputs – but getting it published would mean that I could at least reference it in future, more ‘top drawer’ REF-focussed outputs. So, I retooled the paper for the special issue and have my fingers’ crossed that my 2009 research will finally see the light of day soon.

The redux: the third item, never even made it into peer review, it was spat out by a journal’s editors after I had the temerity to submit a semi-fictional account of the making and abandonment of a place to a history journal. Major suggestions were offered for how I might re-present the material in a more conventional and evidence-based manner. But I sensed that meeting their requirements would have destroyed what I was trying to depict – that the life cycle of a ROC Post could only be presented in aggregate, by stitching together fragments of prosaic place-life that I’d found in Air Ministry archives for 100 sites. No single real site allowed the entire story to be presented: the story of what happens at such places of exceptional purpose but of very mundane assembly. Essentially what I wanted to preserve was a view of a very mundane legal element (based upon standard agricultural property dealings) at work at the heart of the UK’s provisioning for the Third World War, and also of how those law processes jostled for place-structuring influence alongside a host of other material and parochial concerns. Again, this is an attempt to write of law’s quietness, of its co-dependence with some much else in its vicinity in any instanciation of place. So, now I’m reworking the ‘story’ (and its contextualisation) for a forthcoming international legal geography anthology.

The above is not to suggest that nothing should ever be consigned to my bottom drawer to die: there is still plenty there which deserves to stay there. But to move wider projects forward I’ve need to heed the niggling voices because sometimes future developments need the early building blocks to be deployed. No one sets out to write papers that they intend not to be of good REF standard – but on second pass, those that have been passed over for the premiership may still have an important role to play in paving the way for more ambitious stuff ahead.

Image source: https://www.masterfile.com/search/en/messy+file+cabinet

Withdrawn bodies: into the lawscape with Andreas, Keith and Candice Marie

“Bodies embody the law, carry the law with them in their moves and pauses, take the law with them when they withdraw”

Andreas Philippopoulos-Mihalopoulos (2015) Spatial Justice: Body, Law, Atmosphere. Routledge: London.

“Shall we watch a film?”

I realise it’s not really a question. I put down my book and search for something that we might both be in the mood for.

We find Mike Leigh’s semi-improvised black comedy Nuts in May (1976). Originally broadcast as a TV play, the low resolution, 4:3 projection fails to fill our 16:9 flatscreen. The image sits withdrawn into the centre of the screen, with black bars either side of this broadcast that curiously seems deeply, from within the TV, like a time capsule signal beaming in from a different era.

And yet as we watch it is an era that increasingly rings true – awkwardly so at points. Keith and Candice Marie are earnest vegetarians, venturing out from the metropolis to rural Dorset for a camping and hiking break. The film is squirm-inducing account of the breakdown of their calm, assured and ordered orientation to the world. Here, communing with the great outdoors it all goes a bit awry. And as I watch I find myself reading the film simultaneously from two angles. First, there’s a bitter-sweet nostalgia. I remember this milieu, a childhood remembrance of mustard coloured fisherman’s jumpers, folk songs and amateur industrial archaeology. But the second angle is a frame set by not having given my head time to adjust from book to TV watching…

The book I put down was Andreas Philippopoulos-Mihalopoulos’ Spatial Justice. It’s a challenging read, Philippopoulos-Mihalopoulos takes no prisoners in his synthesis of Deleuze, Object Oriented Ontology (OOO) and Affect Theory. Technically it’s a legal geography book, but for vast tracts of the book’s dense, but productive prose the law side of things disappears from view, and this is intentional. Refreshingly Philippopoulos-Mihalopoulos wants to show “what happens when the law is nothing more than just one part of an assemblage with other bodies”(59) in space.

This is not a work that plays to the hegemony of critical legal geography, law’s presence (or absence) is not being explicated in order to show and/or challenge power-at-work. Instead it attempts a post human reformulation of “justice” and “spatiality”, and ends up with a conceptual product (“Spatial Justice”) that bears little relation to its otherwise next door neighbour, “Social Justice”. Indeed I’m left feeling simultaneously elated and uncomfortable that it so fully abandons a role for programmatic critique. Instead Philippopoulos-Mihalopoulos uses OOO (and Deleuze) to frame Spatial Justice as the processes by which things (physical objects, ideas, emotions) do (or do not) accommodate to other things to which they find themselves adjacent. And in this flat ontology, Philippopoulos-Mihalopoulos shows (perhaps) what happens when more-than-human ecological concerns are asserted over a human-centric ethics.

And a key element of Philippopoulos-Mihalopoulos’ theorisation here is that the world is made up of myriad things: humans, oysters, table cloths and money (to use a classic OOO list-painting ploy) and that none of these things are ever fully revealed to any other thing – there is always a surplus hidden in the shadows. In short, all things withdraw. And for his purpose (as a spatio-legal theorist) law itself is one of those things that just loves – needs – to recoil into the ontological shadows.

His book seeks to account for this withdrawal – and to show its effects. In particular, he argues that where a situation is working well, its space (and other measures of its form) will appear smooth. In other words, the situation will appear straightforward, “obviously” arranged the way it is “just because”. In this slickness the resulting milieu manifests as atmosphere. Thus a romantic restaurant meal is all cosy, and (positively) emotionally charged. None of the legal infrastructure that enables the restaurant to register for VAT, to contract with the supplier of those Oysters, or the licensing requirements shaping the harvesting and dressing of that seafood will rise to the surface. But if the situation – its atmosphere – breaks (perhaps through the awkward agency of microbial contamination and resulting bodily distress) then this legal architecture – what Andreas conceptualises as lawscape – will suddenly reveal sufficient of itself, reframing the situation.

And so, with this in mind (and as I search for down-to-Earth scenarios with which to process Philippopoulos-Mihalopoulos’ arguments), I sit watching Keith and Candice Marie as they wander the battlements of Corfe Castle, Keith doggedly “mansplaining” – squeezing the stones, the stories and the view into a totalising, instructive narrative. He’s making it all worthy, assimilating it into their holiday-making. Keith then takes them off to a quarry, and insists on interrogating the sole quarryman about his noble craft. Keith thus strides across Dorset, assimilating the actuality of the space he passes through into his already well-ordered worldview.

By all of this we see Keith (and the subordinated Candice Marie) in control.

We see this also in his hyper-ordered setting up of his pitch at the campsite.

But this is all prelude, for it is in the proximity to others that the ‘object’ Keith/Candice Marie  starts to come unstuck. First they must accommodate to the presence of Ray, a reticent (but harmless) student camped nearby. Keith finds that he cannot control the proximity of Ray, and emotionally and physically withdraws. Meanwhile Candice Marie seeks to engage Ray and to find common ground with him.

Then the arrival of Honky and Finger, on a noisy motorbike finally tips Keith over the edge. Honky and Finger are (by Keith’s judgement) the embodiment of uncouth. They are noisy and disorderly. Keith (at Candice Marie’s insistence) approaches Honky and Finger to ask them to be less noisy. First his approach seeks to active a dormant (withdrawn) civility – that surely Honky and Finger would know how to behave. But when he realises that seemingly there is no civility to re-activate, Keith takes a second line of interaction: he starts lecturing them about the “Countryside Code” and (in the face of Honky and Finger’s blank faces) then summons the image of the campsite’s rules against bonfires, painting a picture of rules signed up to by each guest at arrival, and how those strictures map on the space and specificities of this increasingly awkward encounter. When this strategy fails (when the lawscape has been summoned out from the shadows and even this has failed to bring forth a means of coexistence between these two objects: Keith/Candice Marie and Honky/Finger) Keith snaps and chases Finger around the campsite trying to reign blows upon him with a large stick.

Vanquished, the next morning Keith and Candice Marie conclude that they themselves must withdraw – they decide to leave the camp site and seek out somewhere where they can camp alone, arranging their affairs in a state of solitude. Here they can have things the way that they want theme to be. But they are visibly shrunken. They have gone into the world. They have actively and confidently sought to find its correspondence to the ideas and ideals that motivate their living, but the world (social and physical) has pushed back. They went seeking an immersion in an atmosphere (that of a calm and enriching rural idyll) but instead experience a rupture of that continuum. Friction through encounter with other semi-withdrawn objects, created a moment of crises in which the lawscape was glimpsed (and found wanting in terms of its conflict solving potential). And so, the solution – the route to Spatial Justice – was a withdrawal.

Image credit: http://lightsinthedusk.blogspot.com/2009/12/nuts-in-may.html