Withdrawn bodies: into the lawscape with Andreas, Keith and Candice Marie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 The image sits withdrawn into the centre of the screen, with black bars either side of this broadcast that curiously seems deeply, from within the TV, like a time capsule signal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

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The undwellable clarity of ruins: on hanging out with rubble again in 2018.

Image result for skara brae

“…the original style of life at Skara Brae [w]as hopelessly cluttered and filthy. Now it is a place scoured clean and viewed from above and all at once, which thus becomes more abstract and model-like than spaces we can actually enter.”

Robert Harbison (2015) Ruins and Fragments: Tales of Loss and Rediscovery. Reaktion: London.

One day I’ll fully get my head around Harbison’s book. His aphoristic, fragmented writing style is by turns insightful and thwarted. But his point is that fragments and ruins exist all around us – in texts as much as in buildings. We are creatures doomed to walk the Earth sticking pieces together to see what works, and what doesn’t. Not that the World is a puzzle waiting to be solved though, more like a giant instruction-less Lego set. A play of (near) infinite possibilities.

But in bringing forth some combinations, we inevitably deny others. Creating meaning, over-writes other possibilities. Harbison’s beef with Skara Brae seems to be that it’s semantic excavation is too neat – the erasure of the traces of other possibilities is too complete, and he goes on to point out that in the act of dissection the resulting place become uninhabitable. It becomes a specimen, stripped of any direct link to the authenticity of a messy, lived life. This I think is a sobering provocation for any researcher – that we must strive to be careful not to strip our quarry bare in the totalising glare of our analysis. Instead we must try to leave some life in the object of our study, even if that means that our interpretation seems somehow thwarted, denied a synoptic closure. That’s easier said than done though.

I have Harbison’s warning echoing in my mind as I set out on my next batch of conference presentations and related research projects. Once again I seem to have stumbled back into some pretty dark, ruinous labyrinths. The challenge will be to treat these awkward places and subjects necessarily with some respect and sensitivity, but also to find some way to say something new and non-local about them. I need to simultaneously lift the roof off and leave it on.

Here’s what I’ve signed up for:

March 2018: “Law in Ruins: searching for law in empty spaces”. Keynote presentation for the Institute of Australian Geographers – Legal Geography Study Group (at University of Canberra).

Here I’ll be presenting on the role and methods of the ‘spatial detective’, as a follow up my 2015 article with Antonia Layard of that name. Specifically, I’ll be looking at how law is implicated in the formation and replication of new types of places, how that place-forming function is shaped at local level by the perceptions (and feelings) of site managers, how law and materiality intersect and what happens when a place starts to die – how does law face the prospect of its own ruination?

April 2018: “Grubbing out the Führerbunker: Ruination, demolition and Berlin’s difficult subterranean heritage”. This abstract has been accepted for the ‘Difficult Heritage’ conference being held in York in April:

For a few short months in 1987, the ruined remains of Hitler’s Berlin bunker complex were quietly excavated by construction workers grubbing out its subsurface structures and in-filling its voids to enable the erection of a new East German apartment block and its associated grounds. Successive earlier attempts at erasure of this infamous site, had achieved only partial success, for mass concrete is difficult destroy, and even more-so when it lies underground. To this day portions of the complex remain inaccessible but extant beneath Berlin. This article will explore the implications of the slow, faltering physical erasure of this structure by drawing together conceptual insights from across the diverse fields of urban history and hauntology (Ladd 1997), the management/demolition of ‘difficult heritage’ (Macdonald 2010, Sniekers & Reijnders 2011), the political geographies of subterranea (Wiezman 2007, Bridge 2013, Elden 2013, Graham 2016) and studies of the material and symbolic fate of bunkers (Beck 2011, Bennett 2011, Klinke 2015, Bennett 2017). In particular, the analysis will use and develop scholarship on modern ruins in order to consider the slower-than-might-have-been-expected death of the bunker via Bartolini’s (2013, 2015) investigation of the differential rates of semantic and material decomposition of Fascist subterranean ruins in Rome and Moshenka’s (2010) work on the eruptive potentiality of the sudden resurfacing of buried (both literally and metaphorically) wartime artefacts and structures.

August 2018: “What really haunts the modern ruin?”  This abstract forms part of the 15 strong international array of contributions assembled for the proposed session entitled ‘Utility After Abandonment? The New Ruin as Cultural Asset and Public Space’ which Hayden Lorimer, Ed Hollis, Ruth Olden and I are hoping to run at the RGS-IBG conference in Cardiff this summer. There’ll be more details on this session here soon, but in the meantime here’s my abstract:

Tim Edensor (2005, 2011) has celebrated the ruin as a place of open possibilities enabled by the decay of its normativities. Meanwhile, acknowledging the ongoing role of the ruin manager, Caitlin DeSilvey has mapped out “palliative curation” as a light-touch approach to ruin-care in which the productive capacities of dilapidation are enabled. In our current study of the management and repurposing of the Modernist ruins of the St Peter’s Seminary near Glasgow, we have investigated the complex ways in which care and associated normativities are iteratively composed and applied to a ruin. Our study suggests that the pragmatic instantiations of a ruin’s care reflect complex, shifting and negotiable apprehensions by owners, managers and security staff forged in the intersection of a site’s pasts, presents and futures, and of the knowledge, risks and opportunities that this journey through time may bring. Here, the dynamic nature of the circumstances and trajectory of any ruin generate a succession of local and provisional assumptions and resulting temporary interventions, which channel engagements with the ruin and how care (and ordering) of it is materially and symbolically expressed. This presentation will explore this through an interpretation of three instances of such ‘haunting’ at St Peter’s: (1) forecasting danger by reference to elsewhere: in liability and risk assessments for organised encounters with the ruin, (2) listening to the site: reflexively adjusting attitudes towards managing recreational trespass as ruination progresses and (3) making do: the improvisational care applied to the ruin by its lone security guard, drawn from his own Lifeworld.

August 2018: “On hearing the roar of war still trapped inside: the reverberation of wartime trauma, and of the bunker, in Paul Virilio’s analysis of Pure War and Hyperterrorism.” Abstract accepted for a proposed RGS-IBG 2018 conference session entitled ‘Changing landscapes / Changing the landscapes of terror and threat: materialities, bodies, ambiances, elements’. Here’s the abstract:

“Occasionally I would put my ear against the bunker’s hardened shell to catch the roar of war still trapped inside” writes Sylvère Lotringer (Virilio & Lotringer, 2002) echoing Paul Virilio’s own captivation by these relics of the Total War of his childhood. Virilio’s account of his own first-encounter with the ruins of a Nazi bunker (Virilio, 1994), is a profoundly intimate and tactile phenomenological exploration of a terror-object. His experience provoked a heady mix of fear and fascination: fear in its recall of the deadly terror he had witnessed as a boy in wartime Nantes; fascination in the affordances presented by the affective materiality of these alien structures; and both fear and fascination in his sensing of the hostility of local residents to his untimely interest in these shunned structures of an enemy occupation. This presentation will look at how Virilio’s subsequent theorising of the evolution of war and terror has been haunted by his wartime formative experiences. These (and ‘the bunker’) resonate throughout his aphoristic writings on the Pure War condition of the Cold War, the subsequent transition to ‘hyperterrorism’, and “the emergency return of the ‘walled city’ and of the bunkerization that is blighting cities everywhere” (Virilio, 2005). A longitudinal, biographical approach will enable a critical examination of the apparent equivalence given by Virilio to the hot terror of the Nazi occupation, the cold terror of the nuclear standoff and the chaotic terror of contemporary hyperterrorism, each with their own logics for the “administration of fear” (Virilio, 2012).

Image credit:

https://www.historicenvironment.scot/visit-a-place/places/skara-brae/

 

Programme announced for a Legal Geography Workshop, at the University of Bristol, Tuesday 25 April 2017

moot-court-studio-37-interiors_opt

A few months ago we issued a CFP for our forthcoming informal Legal Geography Workshop. We have been delighted with the response and can now announce the programme for the day (NB: programme now shown as expanded on 4 April 2017):

Legal Geography Workshop: Bristol

Tuesday, 25th April 2017

8-10 Berkeley Square, Bristol, BS8 1HH

10am   WELCOME

  1. 10-10.35am Phil Hubbard – Right to Return
  2. 35-11.00am Sophie Elsmore – Governing by Contract
  3. 00-11.25am Melisa Vazquez – Spatialising Food

11.25-11.40am COFFEE

  1. 40-12.05pm Mario Ricca – Ghostly Condominiums
  2. 05-12.30pm Tayanah O’Donnell – Built by the Sea

12.30-1pm LUNCH

  1. 1-1.25pm Katherine Brickell – Feminist Geolegalities
  2. 25-1.50pm Louise Sarsfield Collins – Reproductive Rights
  3. 50-2.15pm Paige Patchin – Legal Geographies of the Zika Virus

2.15-3.45pm COFFEE

  1. 30-2.55pm Kevin Raleigh – LGBT rights
  2. 55-3.20pm Nick Gill – Courts
  3. 20-3.45pm Antonia Layard – Scales of Brexit

3.45-3.55pm COMFORT BREAK

3.55-4.50pm   CLOSING THOUGHTS & DISCUSSION

  1. 3.55-4.20pm Luke Bennett – Law’s Absence & Closure
  2. 4.20-4.50pm Closing discussion.

The attached Legal Geography Workshop 2017 Bristol Programme and Abstracts is a document setting out the abstracts for each paper.

Non-presenting delegates are welcome at this free event but in order to help us keep an eye on numbers please email me if you’d like to attend: l.e.bennett@shu.ac.uk

This event is a collaboration between:

  • Antonia Layard (Law – University of Bristol);
  • Nick Gill (Geography – University of Exeter);
  • Luke Bennett (Natural & Built Environment – Sheffield Hallam University) and
  • Tayanah O’Donnell (Geography & Built Environment – University of Canberra).

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Image credit: http://www.bristol.ac.uk/media-library/sites/law/images/optomised-images/moot-court-studio-37-interiors_opt.png

“The House that Legal Geography Built: People, Places & Law”: CFP for a legal geography workshop at the University of Bristol on 25 April 2017*

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Call For Papers

For a one-day Legal Geography Workshop at the University of Bristol, UK

On Tuesday 25 April 2017

“The House that Legal Geography Built: Exploring the Imbrication of People, Places and Law”

nail-house

*[NB: the date of this event has been changed to Tuesday 25 April 2017 since the original version of this post] 

Legal geographers often describe their field of enquiry as studying the imbrication of people, places and law. We tend to think of imbrication as meaning braiding (following Braverman et al, 2014) or co-constitution (Delaney, 2016). But is this what imbrication actually means? In its OED definition, imbrication is not defined in the way legal geographers generally use the term today. Instead, imbrication’s 17th century origin, (in the sense of being ‘shaped like a pantile’): comes from the Latin imbricat-, covered with roof tiles.

This then is our starting point for this call for papers. How does this imbrication in legal geography actually work? How do the realms of law, spatiality and society fit together, for what purpose and in what circumstances? For while we presume that co-constitution (between people, place and law) is legal geography’s core premise, we also suggest that legal geography is still very much an inchoate cross-discipline, extending, one rooftile at a time. Envisaging legal geography as a project of interlacing, this workshop now aims to focus on the adjacent edges and overlaps. In particular, we are interested in any aspect of legal geography, including work on networks, materialities, affect, gender, race as well as scale, pluralism and performativity (Bennett and Layard, 2015). Of course, this is a relational connection, individual tiles come together to shelter the building as a whole but are also inter-related.

One purpose of this call for (15 mins) papers is to develop a network of all those interested in legal geography. It invites scholars working in human, urban, political geography and law, to offer empirical or theoretical contributions relating to legal geographies. Focusing on linkages, and extensions, papers will demonstrate how their connection illustrates the co-constitution of law, space and place by way of performative or relational significance to the chosen subject matter. In a collaborative setting, can we build legal geography still further? And if we do, what will the roof look like? We invite you to join us to find out.

If you would like to present a paper – or a sketch of a paper – please submit a title and abstract to antonia.layard@bristol.ac.uk by 15 March 2017.

This event is being organised by:

  • Antonia Layard (Law – University of Bristol);
  • Nick Gill (Geography – University of Exeter);
  • Luke Bennett (Natural & Built Environment – Sheffield Hallam University) and
  • Tayanah O’Donnell (Geography & Built Environment – University of Canberra).

The workshop is free to attend (we will announce the finalised programme and booking arrangements in the early April). We are not able to cover any travel or subsistence costs for speakers or delegates but hope for coffee and cake at the very least. If you are interested in legal geography but cannot make the workshop do let us know, we will compile a mailing list for anyone interested in the field.

Image credit:  Zola aka. Zhou Shuguang (http://zola.fotolog.com.cn/1671942.html) [CC BY-SA 2.5 (http://creativecommons.org/licenses/by-sa/2.5)%5D. The owners of this Chongqing “nail house” refused to leave it, thwarting plans for a shopping mall.

Mill-mania: how does law spread place-formations? My new Geoforum article

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“we all looked up to him and imitated his mode of building…our buildings were copied from the models of his works”

Sir Robert Peel, 1816 Parliamentary Inquiry on the factory system

It’s almost trite in cultural geography to state that place is a multiplicity of individual and collective framings, that it has no singularity and is a flux or swirl of moment by moment encounters. Yes, fine – but surrounding that experiential swirl there are stablisations, common and shared framings which do take root and then influence those encounters. These also act to influence the form and evolution of a locality and they also have the power to influence the framing and evolution of other places. In short, some place-types become clear and potent. In the last couple of years (when not thinking about the potency of the cultural framing of abandoned bunkers) I’ve been thinking about the genesis of one now very dominant (and taken for granted) place-formation: the industrial scale factory. And I’ve done this by looking at the moment, 250 years ago when ‘the factory’ emerged almost accidentally as a new spatial form, and how it became stabilised and started to spread. I’ve been particularly interested in looking at law’s role in the framing of this (then) nascent place-formation.

Accordingly, my article published yesterday in Geoforum (free access here until 12 August) examines how law is implicated in the formation of ‘factory’ as a type of place, and how in turn such places shaped law. It is an empirical exploration of Bruno Latour’s call for researchers to study the global through its local instantiations. Drawing upon recent theoretical work in both material culture studies and legal geography my article examines the interplay of law and material formations at one originating site, Sir Richard Arkwright’s Cromford Mills in Derbyshire in order to examine the creation and circulation of a new form of place in the late eighteenth century: the industrial scale cotton mill. It shows how a diverse array of legal elements ranging across patent law, the textile tariffs and ancient local Derbyshire lead mining laws all helped to shape the cotton-mill as a place-form, its proliferation across the United Kingdom, and ultimately further afield. In doing so the article conceptualises processes of localisation, translocalisation and thing-law by which the abstractions of both place-forms and law elements become activated through their pragmatic local emplacement. Whilst the case study concerns 200 year old place-making machinations, many of the spatio-legal articulations of Arkwright and his opponents have a surprisingly modern feel about them. The paper therefore advocates the benefits of a longitudinal, historical approach to the study of place-making, and in particular, calls for a greater attentiveness in legal geography to law’s role in the intentional formation of (work)places by their owners.

In my article Cromford Mills is presented as an exemplar of Latour’s maxim that “the world is … brought inside … places and then, after having been transformed there … pumped back out of [their] narrow walls” ( Latour, 2005, 179, italics in original). Whilst both the actions of Arkwright and the influence of Cromford Mills are atypical, and few industrialists have ever engaged in such sustained and well documented lobbying and litigating, or produced industrial places that were so directly replicated, the atypical extremity of Arkwright’s industry-forming story, and the influence of Cromford Mills as an emergent place-model, helps us – via sharp relief – to witness processes of localisation and translocalisation that would be harder to spot in more mundane circumstances. Through Arkwright’s plethora of place-making efforts we see the ways in which law enables a place to stabilise (and prosper) through the localisation of law’s command and permission in specific spatial circumstances. We also see how law has the power to crush or alter any place. In the campaigning against the Calico Acts we see the role of lobbying around thing-law, the all-important framing of the matter that will matter at a particular place ( Barad, 2007). In the proximate influence of the place-formations of Derbyshire mining laws we see the multiplicity of place-law, and its tensions and resolutions.

Also, even through the spatio-legal place-making machinations described in this case study took place over 200 years ago, they are surprising time-less in their feel. There is nothing particularly ‘eighteenth century’ about the strategic dilemmas and tactical choices that the early factory masters wrestled with, or in the ways in which we have seen law being used tool-like in some situations or left ‘on the shelf’ in favour of some other solution in others. In the case study we have seen elements of the law (and the case study reminds us the that ‘the law’ is not a coordinated, monolithic system, but rather a swarm of only loosely associated discursive elements and pragmatic applications) sometimes present as enabling Arkwright’s project, and at others presenting challenges to it, challenges to be met sometimes by a legal solution, sometimes by some other manoeuvre, in each case rationally selected.

Picture credit:

http://www.dovedalemodels.co.uk/cromford-mill-model/

Becoming Spatial Detectives: Legal (Psycho)Geography in the Naked City

NakedCity1948b

“There are eight million stories in the Naked City”

This, the closing line to the 1948 film noir The Naked City – reminds us that cities are made of people, each of whom takes the built environment as a starting point and who, with a mixture of power, fate and (good or bad) fortune make their lives there, day-in and day-out. It reminds us that people inhabit the built environment, and bring it to life.

The phrase also, given its link to the film’s prosaic account of an incident, passing encounters with multiple municipal systems and the mundane vagaries of a law enforcement unit, gives us the idea of the city as an awkward, slippery place to govern, or to even get a handle on. Thus the city – even when naked, somehow stripped open to an all seeing analytical eye – is a place in which anything might happen. Here, what happened today is no guide to what might happen tomorrow, for whilst systems of order and arrangement are present, they are constantly struggling to keep pace with the multiplicity of the urban realm, its throngs of people and the diverse lives they are trying to live there, its busy flows of matter and the flux of its built form.

This “problem” of order, and of how a social (and spatial) justice is pursued within dense built environments, is a theme that underlies each of the five articles presented in a special issue of the International Journal of Law in the Built Environment on Law and Geography, published today and guest edited by me and Antonia Layard (University of Bristol). The assembled articles, including a longer version of this editorial, will be available open access until the end of May here.

The authors’ common concern in our special issue is to examine the ways in which (and to what degrees of success) people, their laws and their dwellings, streets, places of work and leisure shape (and in turn are shaped by) each other, and how through such interaction the built environment arises and is sustained.

The authors each enquire into a fundamental aspect of urban living – how the built environment and the law attendant to it provides for either shelter, sanitation or sex. In this quest to observe law at work as an important actor in the built environment, the authors roam squatter and relocation camps in South Africa and Central Asia, peer into Canadian street-side waste bins, observe “Sexual Entertainment Venues” across the United Kingdom and spend time with the angry residents of a PFI social housing project in London.

This edited collection of five articles, is the first of a number of outputs that will appear over the next few months, and which will each interrogate the idea of searching out law’s shadowy hand in the making and sustaining of environments. The next will be a commissioned article to be published later this year in the journal Geography Compass, entited ‘Legal Geography: Becoming Spatial Detectives’. This is another Bennett/Layard collaboration, and also plays with the detective/noir riff in its overview of the legal geography field, and its paths taken, and yet to be. There’s an early draft of our paper here on Antonia’s blog (the revised version will be Open Access when published).

Then towards the end of the summer (and I should stress – so as to avoid tainting Antonia’s serious scholarly repute – that this is a solo project of mine) comes my chapter entitled ‘Tentative Steps Towards a Legal Psychogeography’ which will form part of Tina Richardson’s edited collection Walking Inside Out: Contemporary British Psychogeography. That essay takes two passages from Nick Papadimitriou’s Scarp and cross breeds it with legal geography’s own attentiveness to mundane spaces, and thereby lets loose a reckless hybrid.

In the meantime, my ‘Ruinphobia’ paper presented at the EU/SEEDS/University of Sheffield symposium in January 2015 on the reuse of empty spaces is now available, alongside the other presented papers and the discussant’s comments here.

And on 13 May, Antonia and I will each (separately) be presenting as invited speakers at the Queen Mary, University of London ‘Mapping Law Globally’ workshop. I will be continuing to plough the ‘law and ruins’ furrow, speaking to the following abstract:

How does law make place? Localisation, translocalisation and thing-law at the world’s first factory

“This paper explores how law is implicated in the formation of place, and how place in turn can shape law. It is an empirical explication of Latour’s call for researchers to study the global through its local instantiations, and thus to seek to show how:  “the world is … brought inside … places and then, after having been transformed there … pumped back out of [their] narrow walls” (Latour 2005: 179, italics in original). In pursuit of this the paper presents a case study focussed around the creation and circulation of a new form of place in the late eighteenth century, the industrial scale cotton mill. The study centres around the interplay of law and material formations at one originating site, Sir Richard Arkwright’s Cromford Mills in Derbyshire. It shows how a diverse range of legal elements ranging across patent law, the Calico Acts and ancient local Derbyshire lead mining laws all helped to shape that place-form, its proliferation across the United Kingdom, and ultimately farther afield. In doing so the paper conceptualises processes of localisation, translocalisation and thing-law by which the abstractions of both place-forms and law elements become activated through their pragmatic local emplacement. Whilst the case study concerns 200 year old place-making machinations, many of the spatio-legal articulations of Arkwright and his opponents have a surprisingly modern feel about them. The paper therefore advocates the benefits of a longitudinal, historical approach to the study of place-making, and in particular, calls for a greater attentiveness in contemporary legal geography to law’s role in business-place formation and its use by site managers.”

Picture credit: stills from The Naked City (1948) dir. Jules Dassin, found at http://baron-wolf.livejournal.com/143395.html (the surrounding text there is in Russian, so I have no idea of the context)

RGS 2014 – ‘Moving forward with Legal Geographies’ – final session details

Sherfield Building

Antonia Layard (University of Bristol) and I are convening three sessions on legal geography at the Royal Geographical Society Annual Conference in London at the end of this month. A previous post on the overall aims of the sessions is here, and now below are the abstracts of the individual papers:

When?: Wednesday, 27 August 2014, 9am to 4.20pm

Where?: Imperial College, London in Sherfield Building, Room 8

How?: Details of booking procedures and the full RGS 2014 programme are here.

9.00 – 10.40am, Session 1: Legal productions of spaces and environments

Recovering Whigs and Hunters: Imagining a political-legal ecology

Wendy Jepson (Texas A&M University, USA)

Legal geography and political ecology address a common set of concerns about space, place, and nature that include the nature of property, access, power, illegality and governance. Yet these two epistemic communities have little common vocabulary or meaningful debates to precipitate lively engagement beyond cursory citation or footnotes. Critical legal geography skirts along the edge of political ecology, yet seems to fold back into broader debates within human geography on scale and the production of space. Political ecology adopts a rather limited instrumentalist interpretation of the law. To address this tension and missed opportunities, I turn to EP Thompson’s history Whigs and Hunters (1974) as a new starting point to consider what conceptual advances may be made by integrating these two intellectual traditions. I outline promising synergies that have the potential to move forward what I imagine as a collective critical project underlying both geographies: (1) materiality, (2) relationality; and (3) co-production. While limited in scope, attention to these three areas provide starting points to imagine what a political-legal ecology would look like, what questions it would address, and how it would contribute to an overarching critical project in legal geography.

Sequent Legal Occupance as a framework for interdisciplinary legal geography – The ‘Severnscape’

Caroline Buffery (University of Birmingham)

Recent debates in legal geography have highlighted that there is a need to develop more creative approaches to understanding the intersection between law and geography to catalyse wider inter-disciplinary interest. Such input from other branches of knowledge can deepen investigations into the relationship between law and geography, and contribute to the development of novel conceptual approaches to address the intersections between space, place and time. This paper argues that such engagement can be achieved by using a Sequent Legal Occupance (SLO) method of analysis. Drawing upon the concept formulated by geographer Derwent Whittlesey, SLO adopts law as a focus for the investigation of navigation and fisheries on the River Severn estuary. Drawing on archival resources, this paper identifies the ways in which law and geography, when viewed through an SLO ‘lens’, have both historically played reciprocal roles in the formation of the contemporary environment in terms of ‘occupance’ within and upon the landscape. Analysing the legal conflicts that occurred concerning property, rights and the river, the paper demonstrates the role of legal geography in examining the interconnection between the ‘non-corporeal’ (fish and water courses) and those that utilised these resources, arguing for a move away from the predominantly anthropocentric focus within current legal geographic approaches. The ‘Severnscape’ is revealed as a hybrid, multidimensional lawscape, affected in a multiplicity of ways by its geographical aspect, illustrating the diverse relationships between institutions, nature, and society. I argue that the SLO approach of associating the past with the present has the potential to engage the interest of a diverse audience (particularly within environmental law and policy) promoting a better understanding of the correlation between law and geography, and the effects of such a fusion on place and space.

Environmental Law and Geography in Brazil

Jonas Dias de Souza (University of São Paulo, Brazil)

Brazilian Environmental Law is defined as a set of principles and rules that regulates the relationship between society and environment. In this manner, Environmental Law and its doctrine establish a series of principles and concepts in reference of environment (natural forest, natural and artificial landscape, natural protect areas) in order to guide the application of law and make it intelligible.

This paper aims to investigate how Environmental Law and its doctrine construct a geography of the world through its principles and concepts and what are the ideologies and power relations behind this construction. We systematize the principles and concepts present in Environmental Law and analyse the discourse of Brazilian doctrine. In doing so, we dialogue with the current studies of Legal Geography (Forest, 2009; Blomley et all, 2001; Holder & Harrison, 2003) and discuss how space and law are integrated (Blomley´s concept of splice), the manipulation of geographical reality by law and social problems of such construction. We also try to contribute to Legal Geography bringing the discussions and concepts of Brazilian geographers, specially the territory concept of Milton Santos (1994), the idea of Geographics Ideologies of Antonio Carlos Robert Moraes (2005), and the concept of temisfera (the juridical sphere) of José Nicolau dos Santos (1954).

National is bad, local is good. Local legislation and the rescaling of security in Italy

Francesca Menichelli (Vrije Universiteit Brussel, Belgium)

Since the early 2000s, a shift has taken place in Italy in legislative production on the topic of security, which moved from being an exclusive responsibility of central governments to being something that falls under the scope of action of regional and, increasingly, municipal authorities. While at first glance this development may seem part and parcel with the fragmentation of control brought about by neoliberalism, it actually has to be framed within the ongoing crises of legitimacy that have been affecting national authorities since investigations into political corruption first broke out at the beginning of the 1990s. On a general level, the passing of local laws on security in all but one of the Italian regions has been instrumental in formalising the role of local authorities in the provision of security to citizens and in promoting the creation of networks of exchange and co-operation linking governing bodies at different scales of government. In turn, this has contributed to the emergence of a new constitutional-legal and political order structured around the problem of urban security, which is increasingly challenging the centralist organisation of the Italian state. Taking these developments as a starting point, the aim of this paper is to unpack the idea of scale that is assumed in these texts, so as to analyse the political and deliberative process that resulted in these acts in terms of the uncritical replacement of an unproblematic, fixed and negatively connotated idea of ‘national’ with an unproblematic, fixed and positively connotated idea of ‘local’. Then, the article will go on to highlight what the tensions and conflicts are that can arise out of such narrowly defined notions of scale, and what contribution geography could offer to law-making.

Contracts, firms and competitiveness: a missing link in economic geography?

Rachel Mulhall (University of Birmingham)

Contractual agreements of all types – written and tacit – between transaction partners are a fundamental component of the organisation of production. All exchanges involve some form of explicit or implicit arrangement that reflects the nature of corporate relationships. As the manufacture of products and services is increasingly fragmented, inter-firm agreements are becoming more significant and increasingly complex. Formal agreements, and their legal implications, have a limited critique in economic geography, despite having a direct influence on two fundamental aspects of firm performance: flexibility and competitiveness. Through an analysis of the intermediate metal component manufacturing industry in the West Midlands region of the UK, the development of trading agreements between buyers and suppliers is examined. By exploring the social context in which the relationship between transaction partners is developed, the paper highlights the importance of formal contracts as a tool in inter-firm trading. The study examines the trading relationship of five case studies (buyer and supplier), which are supported by 50 further interviews in the industry and its trading partners. Contracts are based on legal geographies – a contract can only be enforced with a specified jurisdiction. But how firms use this form of legal geographies is interesting. Forms of contracts, from global to local, and their combined use with informal trust- or dependency-based relationships provide a collection of transaction agreement structures. The combination of agreements can provide both flexibility and rigidity to firms, but also binds together distinct spaces of firms and legal territory. Optimising the mix of flexibility and territory can be extremely beneficial to the organisation, both customer and supplier, but can also provide a route for the transfer of risks between trading partners.

10 – 12.50pm, Session 2 – Interrogating assumptions of legal closure

Distance to justice: (absence of) legal protections of New Mexico’s day labor community

Kevin Raleigh (University of Cincinnati, USA)

In 2005, New Mexico became the second U.S. state to pass laws protecting day labor workers, an increasing sector of the American labor pool. Understanding legislation concerning day laborer rights and practices of day labor temp agencies in New Mexico demonstrates an initial foray into bridging geography of law and neoliberalism. Furthermore, it provides additional consideration that clarifies the labor subset for whom this law applies, and calls into question the apparent redundancies and repetitions with existing federal law. By assessing the impact analysis (Clark 1989) of the New Mexico Day Laborer Act and employing a “conversational analysis” (Blomley 1989) comparing it with the federal Fair Labor Standards Act (FLSA), the National Employment Law Project (NELP) on day labor and the day labor statutes of neighboring Arizona, this research actualizes the reality of legal closure (Blomley 1994) and maps this reality as an abstract distance to justice that these marginalized workers must – but thus far have not – overcome in the pursuit of fairness and the elimination of abuses in the work place. This research also suggests that the New Mexico Day Laborer Act creates the marginalized community of workers that it aims to protect, and that the erroneous combining of universalist statutes protecting individuals and particularist statutes protecting communities (Forest 2001) – as well as unrecognizing the breadth and manageability of space over which the law dominates – depletes the law of its power. To that end, this research demonstrates that the particularist provisions of this law are ineffectual and realistically unenforceable, while the universalist statutes, though preventative and theoretically enforceable, place the burden of proof upon the marginalized workers themselves, and thus create an insurmountable distance to justice.

Country guidance and international protection: Law, geography and the enclosure of jurisprudential knowledge

Simon Parker (University of York)
Ronan Toal (Garden Court Chambers)

This paper draws on a number of important recent cases in the UK and European Courts regarding the circumstances in which the rights of an individual seeking international protection might be breached if they were to be returned to their country of origin or a third transit country. A central feature of all such deliberations is the role played by what is referred to as ‘country guidance’. Country guidance is an official assessment of the political, economic, social and cultural situation that obtains in national territories where there are significant levels of asylum or international protection claims to the United Kingdom. Currently such country guidance is produced and issued by the Upper Tier of the UK Immigration Appeal Tribunal (the highest immigration tribunal in the UK) and its findings as a matter of fact are not open to challenge by appellants. The effect of these guidance rules has been to assign to immigration judges and their advisors the role of infallible experts on the political geography of some of the world’s most volatile and conflict ridden societies. This has potentially fatal consequences for those who, by virtue of their inability to challenge the veracity, contemporaneity and comprehensiveness of the country guidance find themselves and their families returned to circumstances in which a very real threat to their life and liberty exists. The paper concludes by identifying the emergence of a new governmentality of jurisprudential knowledge that is extending the powers of the state into domains of social scientific expertise that have remained hitherto autonomous and resistant to instrumentalisation.

Legal pluralism and the everyday politics of domestic violence law in Cambodia

Katherine Brickell (Royal Holloway, University of London)

In September 2005 the Cambodian National Assembly ratified the ‘Law on the Prevention of Domestic Violence and the Protection of the Victims’ (DV Law). Drawing on in-depth research undertaken over a two-year period and funded jointly by the ESRC/Department for International Development (DFID), I explore the hiatus that has emerged between promises enshrined in legal reform and progress realised on the ground. Through a mixed quantitative/qualitative approach, I trace the everyday politics of DV Law from the perspective of different lay and institutional stakeholders who operate under a pluri-legal system of state-sanctioned and customary law. And I question how DV Law has been variously embraced and rejected in the homes, commune councils, and government offices that contribute to its success or failure to meet its objective, to: ‘prevent domestic violence, protect the victims and strengthen the culture of non-violence and harmony within the households in society in the Kingdom of Cambodia’.

Legal Geography: Becoming spatial detectives

Antonia Layard (University of Bristol)

Legal geography investigates the co-constitutive relationship of people, place and law. This paper (which is currently in review for Geography Compass) provides an overview of how the law and geography project emerged, and in particular the ways in which its recent scholarship has investigated how law makes spatialities thicken (and thin) at different times and locations. It explores how legal practice, in all its discretionary and rule-bound variety, co-produces places through an attentiveness to, and sometimes an apparent dismissal of, spatiality. The essay notes the formative importance of studies on power and inequality within urban governance in this predominantly critical field. However, it also considers how the cross-discipline is increasingly embracing legal geographic scholarship from within cultural, material and post-human geographies. Adopting the metaphor of the ‘spatial detective’, the essay situates legal geography as a way of examining law’s materialisation within space, considering the field’s methods, core concepts and the potential directions in which they may evolve.

Moving Forwards With Legal Geographies: Discussion.

2.40-4.20pm, Session 3 – Legal materialities

Embodied encounters and architects of neutrality in a courtroom in The Hague

Catherine Traynor (University of Leicester)

Based on a case study of ‘the heart of the international zone’ in ‘The Hague, International City of Peace and Justice’, this paper explores neutrality, geographically, materially and relationally. It is framed by the geographies of the built environment; objects and power; affect and emotion; organisational anthropology; and the critical geopolitics of identity and scale. Drawing from interviews, organisational tours and observations, the paper examines whether and how embodied accounts portray one form of neutrality as a ‘competence’ of people, places and things combined. Such competence involves the meticulous organisation of ‘truth’, ‘balance’, ‘principled decision-making’ and ‘openness’. Specifically, this paper considers how neutrality, and being ‘human,’ ‘subhuman or ‘superhuman’ are co-constructed through the organisational space of the ICTY (The International Criminal Tribunal for the former Yugoslavia). Finally, in the midst of a trial, the paper explores how the spatial practices of the courtroom and its occupants are both created by and delineate producers and consumers of neutrality. In so doing, it raises important questions about the relationship between international criminal law, society and space.

The law in ruins: co-production, nomic traces and the sedimented taskscapes of the world’s first factory

Luke Bennett (Sheffield Hallam University)

The Legal Geography canon rests on a principle of co-production: namely that the social, the spatial and the legal act upon each other to form the ‘nomosphere’ (Delaney, 2010) and/or a ‘splice’ (Blomley, 2003). This paper will seek – through application of such thinking to a case study – to reframe the co-productive triumvirate, as matter, discourse and practice, and thereby align the co-production model towards a more processual and relational understanding of ‘worlding’ (Massey, 2005), pointing in particular to the generative role of human purpose, context and contingency in local instances of pragmatic co-production: Ingold’s (1993) notion of ‘taskscape’. Specifically, the presentation will advance its argument by examining the ‘entanglement’ (Hodder, 2012) of matter, purpose and normativity (which I take to include – but be wider than – legal discourse) in the founding, expansion, decline and ‘rescue’ of the world’s first factory scale cotton mill, at Cromford in Derbyshire, UK. If Legal Geography’s co-production model is right we should expect not just to find material traces of law in the physical world, but also evidence of the accommodation of law to site specific and circumstantial effects of topography, geology, commercial conventions and social mores. The presentation will thus focus upon explicating the physical sedimentation of a variety of taskscapes across the site’s 250 year life, and their attendant socio-spatial normativities, within the fabric and layout of the Mill complex.

The legal and the material: Legal characterizations and geographical circulations of radioactive waste in France and the UK

Romain J. Garcier (ENS Lyon, France)

This paper analyzes the role of legal categories in the management of low- and intermediate-level radioactive waste generated by the decommissioning of nuclear power plants. The paper is informed by two case studies in France and in the UK, but set in a larger European context. Faced with soaring decommissioning costs and the daunting prospect of scarce disposal sites being clogged by massive amounts of waste, France and the UK, already the two largest ILW producers in Europe, have developed strategies to enable the diversion of radioactive waste away from specialized disposal sites. Such strategies are sponsored by governments, regulators and the European Commission. They are based on legal instruments that are, I argue, powerful geographical operators because they redefine the social persona of radioactive waste and allow waste to be moved and transformed in unprecedented fashion. From a theoretical perspective, this paper aims to create a conversation between the literature on materiality and waste, and the geo-legal literature. I argue that the legal framing of objects and materials under categories and classifications is integral to them being valued and managed – but that such a framing is always a contested, contingent process, amenable to various strategic priorities and very often detached from the actual physical properties of materials. This argument has important implications, for it displaces the spatial politics of materiality from the thing itself and its agency (Bennett, Gregson) to the legal tools used to endow materials with a social persona.

The end of territory: a materialist reading of the Republic of Nauru

Cait Storr (University of Melbourne, Australia)

This paper is part of a broader interrogation into the relationship between territory and statehood in international legal thought, explored through a reconstruction of the legal history of the Republic of Nauru, a so-called ‘small island developing state’ in the Pacific and ‘canary in the coalmine’ of climate change. Rather than departing from a now commonplace assumption of the otherness of postcolonial statehood, this paper will draw on key insights of Elden on the historical development of the concept of territory, and of Latour on the misapprehension of the subject / object distinction in Enlightenment thought, in order to rethink the narrative of Nauru from the period of German administration through to its profound existential precarity in the contemporary moment. In this alternative narrative, Nauruan phosphate will be treated as an actant not only on Nauruan development but on international law itself. It will be concluded that if its precarity is to be diagnosed as something other than terminal, Nauru may be better conceptualised not as a postcolonial state, but as a state that demonstrates the playing out to conclusion of the flawed logic of nature / culture inscribed by modern statehood. It is suggested that in order to contribute meaningful responses to the precarity faced by small island states in the Anthropocene, legal geography may need to take account of new materialist approaches to structures of legal thought.

Competing rationalities of urban governance: law, administration and material power in the case of governing car parking in Tallinn, Estonia

Tauri Tuvikene (University College London)

This paper discusses the often incongruous relationship between legal thinking and administrative, material and political rationalities through the analysis of the politics of parking regulations. The study on the introduction of paid parking in 1993 and making it governable over the twenty years period in Tallinn, Estonia shows how law can fail to function, how administrative tools could be framed illegal and unconstitutional, how material artefacts escape the legal methods devised to regulate them and political interests can and often do influence the legal thinking and practice. Thus, on the one hand, the paper argues for the importance of considering the often ignored legal documents and practices in the urban governance while, on the other hand, the paper argues that law has to confront various other rationalities that might escape law’s and law practitioners’ desires and goals. The archival research, media analysis, studies of court cases and interviews in Tallinn over a seven months period in 2012 brought out a number of contradictory associations between law and other socio-material spheres. I would like to discuss two moments and their analytical implications in the paper. First, the study in Tallinn showed how the materiality of a parked car renders the established legal logics difficult to follow, suggesting thus the need to attend to how the practices of law are influenced by the often ‘uncooperative’ (Bakker, 2003) materiality. Second, the post-socialist construction of ‘state-phobia’ (Foucault, 2008) produced a political atmosphere that, among other effects, helped to render the use of wheel clamps for parking regulation unconstitutional suggesting thus the need to attend to the interplay between social and political processes and the legal deliberation.

 

Photo credit: http://felixonline.co.uk/media/photo/10/ethiopian-protest/