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

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

logos

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

Cromford-Mill-Model-5a-600x402

“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/

 

Moving forward with Legal Geographies at RGS 2014

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We have been delighted with the response to our recent Legal Geography call for papers for RGS 2014, with submissions coming from the UK, France, Italy, Australia, Brazil, the United States (3), covering empirical work in Nauru, Estonia, Cambodia as well as the US, UK and Europe. We have submissions from disciplines including law, geography and politics. As a result we’ve got 15 great papers for our session, and this is a very positive response rate, which bodes very well for this (re)emergent hybrid field.

Antonia Layard (University of Bristol) and I have had to secure special permission from the RGS to run a three-part session to fit all of these papers in. We’re delighted to have heard back this morning that this permission has been granted. The breadth of coverage and strength of the proposed papers have helped us to secure this dispensation. The RGS’ conference is focused upon ‘co-production’ this year, and so our array of topics, scales of analysis and the global reach of the papers has helped to press the right buttons. We’ve decided on the session title ‘Moving forward with Legal Geographies’ – the plural here reflecting the wonderful variety of legal geographic endeavour and concern that the papers attest to, and the ‘moving forward’ bit pointing to the way that the papers show the boundaries of legal geography being stretched both methodologically and theoretically.

We don’t yet know which day (27, 28 or 29th August) our session will run. That will be notified to us around April. There are more details about the conference here:

http://www.rgs.org/WhatsOn/ConferencesAndSeminars/Annual+International+Conference/Annual+international+conference.htm

Antonia and I are collaborating to promote Legal Geography and to develop a UK community with active links to the established LG communities in Australia and Northern America, but also to help spread the focus out from its Anglo-Saxon predominance. To that end anyone who’s interested can join our open conversations at our (very basic but workable) wiki site:

http://lawandgeography.wikidot.com/.

We are also currently guest editing a Legal Geography special edition of the International Journal of Law in the Built Environment, to be published towards the end of the year (papers currently in review), and are working upon our own LG outputs (jointly and individually).

As a taster of our session’s content, here’s the overarching session description from our proposal document:

This legal geography stream proceeds from the assumption (which appears to be widely accepted, though critiques are always welcome) that space, society and law are co-constituted, that there is a nexus, which ebbs and flows, co-producing the legal, spatial and social everyday. Legal geography has, in other words, been ‘born’. Given this assumption, this stream aims to consider how the cross-discipline is being applied and extended, presenting papers that identify new and ongoing lines of spatio-legal inquiry, research and theory.

The first session, Legal productions of spaces and environments, focuses on the co-production of legal, economic and political practices and principles across space. By examining diverse examples ranging across the judicial imagination’s regard for Brazilian environments, the Severnscape and the relational networks formed through contract law in West Midlands engineering supply chains, it asks how legal discourse and practices contribute to the making and control of identities, relationships and sites of encounter at multiple scales. Reaching back through an American reading of E.P. Thompson’s Whigs and Hunters and considering Italian constructions of ‘security’, the session also investigates how scale is used as a framing device to govern across social and spatial distances.

The second session, Interrogating assumptions of legal closure, investigates the critique of legal practice, that it is enclosed, which lies at the heart of legal geography. The session begins with two papers, drawing on material from UK/European legal decisions and empirical legal work in New Mexico, which demonstrate the effect that legal closure still has in governing space. However, papers investigating legal pluralism, in domestic violence in Cambodia, ‘Indian country’ in the United States and constructions of families in Ghana and the United States, illustrate the slippage, and discretion, in formal legal rules when studied as ‘laws in action’.

The third session, Legal materialities, asks how spaces and places are themselves co-produced – legally and politically as well as socially and spatially. It emphasises the importance of materiality, asking how the spatio-legal is implicated in managing places (including the International Court in the Hague, the island of Nauru, a Derbyshire cotton mill and an Estonian car park) as well as troublesome resources such as phosphate, dye and nuclear wastes. The session considers, in particular, how the spatio-legal frames and marshalls the arrangements of things in space and constellates the environments of which they form part. It also considers how law is translated into flows of matter, giving rise to resultant assemblages of materials, provisions and practices and their resultant landscapes.

As the conference approaches I will post more details here, identifying the speakers and more about their papers.

In closing, here’s a glance across to ‘where next’ visions offered up by two recent synoptic reviews of the Legal Geography field, one from Australia and one from North America/Israel:

“Legal geography would benefit from deepening its connections with posthuman and critical animal studies scholarship and from studies of the vibrancy of matter (Jane Bennett 2010), and its science and entanglements (Karen Barad 2007) in particular. Such explorations will ground legal geography in corporal matters, moving us away from abstract notions of space into “more-than-human” (Sarah Whatmore 2006) legal geographies…. Although legal geographers are already actively engaged with postcolonial theory, science studies, poststructuralism, thing theory, performativity and many other fields, we should be engaging with still more fields, such as the humanities and posthumanities, physical geography, economics, psychology and psychoanalysis, material culture, architecture, organizational studies, and visual culture.”

(Braverman et al 2013: 20-21)

And:

 “…By situating law in space, that is, within its physical conditions and limits, legal geography encourages place based knowledge to form law’s basis. We are advocating for a paradigmatic shift, from the alienation of people and place in law and geography to their necessary connection. In this way legal geography provides both intellectual insight and real-world application: it can produce work of practical policy relevance as well as speak truth to power.”

(Bartel et al, 2013: 349)

The array of presentations at RGS 2014 respond very positively to those pointers to new areas of a relational and materiality focussed legal geographic enquiry, they also embrace other territories of investigation called for by Braverman et al (2013) variously addressing rural legalities, spatio-temporal effects, pragmatism, legal pluralism, the relationality of power and purpose, variation of scale and comparison across jurisdictions alongside that interrogation of the materiality of law’s objects, law’s spaces and law’s habits.

 

References

Bartel R, Graham N, Jackson S, Prior J.H, Robinson D.F, Sherval M and Williams S (2013) ‘Legal Geography: An Australian Perspective’, Geographical Research, 51(4), 339-353.

Braverman I, Blomley J, Delaney D and Kedar A (2013) The Expanding Spaces of Law: A Timely Legal Geography, Buffalo Legal Studies Research Paper Series, Paper No. 2013-032, SUNY Buffalo Law School, New York.

Image source: Vellum parchment at UK parliamentary archives via http://londonhistorians.wordpress.com/2012/04/26/the-parliamentary-archives-with-london-historians/ photo by Peter Twist.

 

A fault on the line – carpets, cables and invisible things

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“…the ordinary course of life demands nearly constant efforts to maintain or salvage situations that are falling into disarray by restoring them to order. In everyday life, people never completely suppress their anxieties, and, like scientists, ordinary people never stop suspecting, wondering, and submitting the world to tests.”

Boltanski, L. and Thévenot, L. (2006) On Justification, Princeton: Princeton University Press, p37.

His phone rings

as he’s standing by the sink. With attention abruptly turned from cleaning to talking – suds dripping as he reaches across the floor – he picks up the handset.

“Hello.”

“I’m really sorry to bother you, but my phone’s stopped working and I don’t know what to do.”

“So how are you calling me then?” he feels compelled to ask, and then instantly regrets its surly impression.

“I’m on a mobile. My son gave it to me, but I barely know how to use it. My proper phone has gone dead.”

In the ensuing conversation the talk maps out the arrangement of this elderly lady’s hallway, the telephone ‘table’ under the stairs, the ‘old style’ composure of this device as a caller, a visitor from outside to be kept at bay, waiting uncertainly in the hallway, not invited properly into the depth of the home. To make phone calls she climbs into the space under the stairs, adjusts the register of her voice. And here is where she is most comfortable calling from, huddled in the cavity, hunched over a rickety G-Plan assembly, amidst a pile of long superseded telephone directories, and a frayed and heavily annotated contacts directory: the sedimented strata of evolved and lost acquaintance.

He suggests she checks the phone socket. Carpet fitters visited her hallway yesterday. Perhaps they tugged the cable loose.

“Take the cover off and look inside.”

From the silence at the other end it is clear that he might as well have said “fire up the warp drive and set course for the heart of the sun”.

Eventually she replies: “No, I wouldn’t be comfortable doing that.”

From the onward conversation it’s clear that she holds the telephone in some reverence, it’s a magical device that provides a service, but it is not hers to tinker with. The whole assembly is other. She owns a screw driver, a wooden handled one from the last century. It’s lain in a box for years, only ever used for opening cans of paint. It won’t get wielded here. She will call the telephone company instead. She hangs up.

The next day she calls again.

“I’m in a call box” she announces, with some distress. Apparently her mobile has now stopped working too. He asks a few questions to try and ascertain the symptoms of this fatality, but soon realises that this is not what she wants to talk about. Earlier that day she stood in that draughty call box for 40 minutes, eventually getting through to the phone company but getting little sense out of them. There was muzak, there was continual ringing, there was referral between different departments and eventually an undertaking to send out an engineer within the next five days.

He phones the company on her behalf to try and get things expedited. He too waits in an auditory limbo land, marvelling at just how crap the service is (and the irony that you need a phone to report a broken phone). Eventually there’s a connection. Yes, an engineer call is booked, no they can’t (or won’t) expedite for an elderly lady living on her own (unless she declared her ‘special needs’ at the time of signing up with them).

A couple of days later, she calls him again. This time from her home phone, now happily huddled back under the stairs. Her phone problem has been fixed. An engineer called yesterday. He pulled up the freshly laid carpet and carefully traced the phone cable from the socket towards its point of entry to the house.  Eventually he found it, the break in the connection:  the cable was cleanly and fully severed – cleaved by a carpet fitter’s Stanley Knife blade moving at speed and with force. The engineer held up the two ends, some shock on his face. This wasn’t a knick; this was a full cut through.

“Could they have chopped it without realising?” she asked the engineer – the forensic instinct suddenly to the fore in the hallway, all attention and thought focussed on the moment at which that cable switched from one length to two.

“Oh, they would have known” he replied with theatrical gravity.

Back in the call her spoken thoughts turn to minutiae of the fitters’ moment by moment afternoon residence in her house.  She recalls a moment – that seemed odd at the time, but which only now tumbled back to thought because of its emergent significance, when the fitters suddenly went outside to the van, but brought nothing back from that trip. She remembers the abruptness of their departure at the end of the job. In conversation with the engineer (who by then had ascended to a gallant ‘white knight’ in her narrative, contrasting with the opposing figuration of the fitters, now hunched, ruddy and vaguely Neanderthal in the imagery of the story) matters of fault and blame are mapped out. She returns to civilisation both through the restoration of her phone line and in the validation of her anger, vulnerability and sense of having been assailed. No, she didn’t imagine it. This event was real and her feeling of distress and inconvenience proportionate. She felt that she had returned to the world.

Hunting invisible things

In the above event, we find – if we choose to look – an entanglement of the personhood, matter and abstract notions of service. Whilst we do need to pay more attention to (physical) things themselves, we must not ‘throw the baby out with the bathwater’. To talk of a telephone ceasing to work is as much as social situation as it is a technical one. Yes, the existence of the telephone system (and our dependency upon it) is revealed in the moment of its failure, but exploring the thing that is revealed requires more than tracing the cable to the point of its severance. Many things flow from that cut, and many of them are invisible.

As a lawyer my gut response to that telephone call would be a flurry of sentences floating into mind, hovering before my eyes like subtitles to the event and situation beyond. I’d see section 13 of the Supply of Goods and Services Act 1982:

“In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill.”

I’d see paperwork, a pathway to effective arguments – all so many words marshalled as ammunition for a campaign against the carpet fitter. But, that’s me. She didn’t read the situation that way. Perhaps at some vague level she realises that she has some form of contractual connection (and attendant rights) in her relationship with the carpet fitters – but if she does this element is far from mind. Her reaction is more instinctive and driven by an embedded sense of what is right and wrong, what is appropriate and not appropriate and what order and disorder look and feel like. What restores the balance is the reconnection of the phone (an important part of her identity and sense of security) and the confirmation by others (the engineer, the carpet shop) that her dislocation caused by the event was significant to others, not just her.

In her reflection upon the event – in its becalming aftermath – she also sees paper. But she does not reach for the law-makers’ vellum, the call handler’s laminated flow chart or the crinkled job-sheet of the carpet fitter. No, she reaches for her Basildon Bond and her Parker Pen. Such situations – for her – call for a stiff letter, written on her luscious watermarked cream pad. This is her way of completing the stabilisation of the situation, to commit umbrage to paper; to send off a missive. This is what the situation calls for. She invests careful thought in her letter, these things must be said for their own sake. For her they are part of the resolution of this situation.

She directs her volley to: “To whom it may concern” and awaits its return service. But she is doomed to be disappointed. For neither the carpet fitter nor the telephone company are playing the same game as her. For them the situational framing and the modes of engagement are so different, an anonymous instance of generic processes. There will be no parley. This cable, this carpet, this space under the stairs – so much to some, so little to others.

Image source: http://www.thetimes.co.uk/tto/business/industries/retailing/article3886403.ece (NB: generic image, no aspersions intended on the fitter pictured or the carpet co featured in the source article)