law Archives

The Correspondence of Jeremy Bentham, Volume 14

This volume, which supplements the main chronological series of The Correspondence of Jeremy Bentham, contains 252 letters written to and from Jeremy Bentham, 19 letters written to and from individuals other than Bentham but containing material of biographical interest, and the will made by Bentham on 17 August 1785. The letters have either never before been published or been only partially published in previous volumes of The Correspondence. A large number of the letters were written by Bentham’s brother Samuel on his journey to Russia and during his sojourn in Russia, covering the years 1779 to 1791. This meticulously researched and richly annotated volume contains much new information of biographical interest and deepens our knowledge of Bentham’s relationship with his family, with the panopticon penitentiary scheme, and with such ‘disciples’ as Étienne Dumont, Henry Bickersteth, and Leicester Stanhope. Of particular interest will be correspondence with Prince Grigory Alexandrovich Potemkin, Sir Samuel Romilly, Jacques Pierre Brissot de Warville, and John Quincy Adams.

Violent Affections

Violent Affections uncovers techniques of power that work to translate emotions into violence against queer people. Based on analysis of over 300 criminal cases of anti-queer violence in Russia before and after the introduction of ‘gay propaganda’ law, the book shows how violent acts are framed in emotional language by perpetrators during their criminal trials. It then utilises an original methodology of studying ‘legal memes’ and argues that these individual affective states are directly connected to the political violence aimed at queer lives more generally.

The main aim of Violent Affections is to explore the social mechanisms and techniques that impact anti-queer violence evidenced in the reviewed cases. Alexander Sasha Kondakov expands upon two sets of interdisciplinary literature – queer theory and affect theory – in order to conceptualise what is referred to as neo-disciplinary power. Taking the empirical observations from Russia as a starting point, he develops an original explanation of how contemporary power relations are changing from those of late modernity as envisioned by Foucault’s Panopticon to neo-disciplinary power relations of a much more fragmented, fluid and unstructured kind – the Memeticon.
The book traces how exactly affections circulate from body to body as a kind of virus and eventually invade the body that responds with violence. In this analytic effort, it draws on the arguments from memetics – the theory of how pieces of information pass on from one body to another as they thrive to survive by continuing to resonate. This work makes the argument truly interdisciplinary.

Queer Migration and Asylum in Europe

Europe is a popular destination for LGBTQ people seeking to escape discrimination and persecution. Yet, while European institutions have done much to promote the legal equality of sexual minorities and a number of states pride themselves on their acceptance of sexual diversity, the image of European tolerance and the reality faced by LGBTQ migrants and asylum seekers are often quite different.

To engage with these conflicting discourses, Queer Migration and Asylum in Europe brings together scholars from politics, sociology, urban studies, anthropology and law to analyse how and why queer individuals migrate to or seek asylum in Europe, as well as the legal, social and political frameworks they are forced to navigate to feel at home or to regularise their status in the destination societies. The subjects covered include LGBTQ Latino migrants’ relationship with queer and diasporic spaces in London; diasporic consciousness of queer Polish, Russian and Brazilian migrants in Berlin; the role of the Council of Europe in shaping legal and policy frameworks relating to queer migration and asylum; the challenges facing bisexual asylum seekers; queer asylum and homonationalism in the Netherlands; and the role of space, faith and LGBTQ organisations in Germany, Italy, the UK and France in supporting queer asylum seekers.

Taking English Planning Law Scholarship Seriously

Planning is at the heart of the response to many of the significant challenges of our time, from the climate and environmental crises to social and economic inequalities. It is embedded in, as well as partially constituting, our democratic systems, so that the challenges of democratic decision-making in a complex society cannot be avoided when thinking about planning. Planning law raises some of the most fundamental questions faced by legal scholars, from the legitimacy of authority to the relationship between public and private rights and interests. And yet, planning law has been relatively neglected by legal scholars.

The objective of Taking English Planning Law Scholarship Seriously is to create space for planning law scholarship in all of its variety, and for curiosity about law in all of its complexity. The chapters reflect this diversity and complexity, covering a range of the objects of planning (from housing to energy to highways) and a multiplicity of planning tasks and tools (from compulsory purchase to contracting to planning inquiries).

Environmental Groups and Legal Expertise

Environmental Groups and Legal Expertise explores the use and understanding of law and legal expertise by environmental groups. Rather than the usual focus on the court room, it scrutinises environmental NGO advocacy during the extraordinarily dramatic Brexit process, from the referendum on leaving the EU in June 2016 to the debate around the new Environment Bill in the first half of 2020.There is generally a weak understanding of both the complexity and the potential of legal expertise in the environmental NGO community. Legal expertise can be more than a tool for campaigners, and more than litigation: it provides distinctive ways of both seeing the world and changing the world. The available legal resource in the sector is not just a practical limit on what can be done, but spills into the very understanding of what should be done, and what resource is needed. Mutually reinforcing links between capacity, understanding, culture and investment affect legal expertise across the board.

There are, however, pockets of sophisticated legal expertise in the community, and legal expertise was heavily and often effectively used in the anomalously law-heavy Brexit-environment debate. The ability to call on thinly spread legal expertise in a crisis was in part due to effective NGO collaboration around Brexit-environment.

Panopticon versus New South Wales and other writings on Australia

The present edition of Panopticon versus New South Wales and other writings on Australia consists of fragmentary comments headed ‘New Wales’, dating from 1791; a compilation of material sent to William Wilberforce in August 1802; three ‘Letters to Lord Pelham’ and ‘A Plea for the Constitution’, written in 1802–3; and ‘Colonization Company Proposal’, written in August 1831, the majority of which is published here for the first time. These writings, with the exception of ‘Colonization Company Proposal’, are intimately linked with Bentham’s panopticon penitentiary scheme, which he regarded as an immeasurably superior alternative to criminal transportation, the prison hulks, and English gaols in terms of its effectiveness in achieving the ends of punishment. He argued, moreover, that there was no adequate legal basis for the authority exercised by the Governor of New South Wales. In contrast to his opposition to New South Wales, Bentham later composed ‘Colonization Company Proposal’ in support of a scheme proposed by the National Colonization Society to establish a colony of free settlers in southern Australia. He advocated the ‘vicinity-maximizing principle’, whereby plots of land would be sold in an orderly fashion radiating from the main settlement, and suggested that, within a few years, the government of the colony should be transformed into a representative democracy.

Essays on Logic, Ethics, and Universal Grammar

This new volume of Bentham’s philosophical writings deals with his most fundamental ideas concerning logic, language, ethics, and grammar. It includes four major essays written between 1814 and 1816, namely ‘Essay on Logic’, ‘Essay on Ethics’, ‘Didacologia’, and ‘Universal Grammar’, all of them closely related to Chrestomathia, Bentham’s major work on education.

In ‘Essay on Logic’, Bentham contrasts the præcognita of Aristotle with his own ‘characteristics’ of logic and deals with methodization, ontology, and the relationship between logic and language. In ‘Essay on Ethics’, he offers a critique of the Aristotelian virtues and outlines his own division of ethics into prudence, probity, and benevolence. In ‘Didacologia’, he presents an outline of a comprehensive plan for the division of the arts and sciences based on the method of exhaustive bifurcation and a new nomenclature. In ‘Universal Grammar’, Bentham deals with language as the basis for thought and communication and investigates the nature of the different parts of speech. The volume is completed with an Appendix containing fragmentary material, written in August and September 1813, with a focus on language. All the texts are based on Bentham’s original manuscripts and have never before been published in authentic form.

The Correspondence of Jeremy Bentham, Volume 3

The first five volumes of the Correspondence of Jeremy Bentham contain over 1,300 letters written both to and from Bentham over a 50-year period, beginning in 1752 (aged three) with his earliest surviving letter to his grandmother, and ending in 1797 with correspondence concerning his attempts to set up a national scheme for the provision of poor relief. Against the background of the debates on the American Revolution of 1776 and the French Revolution of 1789, to which he made significant contributions, Bentham worked first on producing a complete penal code, which involved him in detailed explorations of fundamental legal ideas, and then on his panopticon prison scheme. Despite developing a host of original and ground-breaking ideas, contained in a mass of manuscripts, he published little during these years, and remained, at the close of this period, a relatively obscure individual. Nevertheless, these volumes reveal how the foundations were laid for the remarkable rise of Benthamite utilitarianism in the early nineteenth century.

The letters in this volume document Bentham’s meeting and friendship with the Earl of Shelburne (later the Marquis of Lansdowne), which opened a whole new set of opportunities for him, as well as his extraordinary journey, by way of the Mediterranean, to visit his brother Samuel in Russia.

The Correspondence of Jeremy Bentham, Volume 5

Bentham’s life in the mid-1790s was dominated by the panopticon, both as a prison and as a network of workhouses for the indigent. The letters in this volume document in excruciating detail Bentham’s attempt to build a panopticon prison in London, and the opposition he faced from local aristocratic landowners. His brother Samuel was appointed as Inspector-General of Naval Works and in September 1796 married Mary Sophia Fordyce.

The Correspondence of Jeremy Bentham, Volume 4

In 1789 Bentham published An Introduction to the Principles of Morals and Legislation, which remains his most famous work, but which had little impact at the time, followed in 1791 by The Panopticon: or, The Inspection-House, in which he proposed the building of a circular penitentiary house. Bentham’s correspondence unfolds against the backdrop of the increasingly violent French Revolution, and shows his initial sympathy for France turning into hostility. On a personal level, in 1791 his brother Samuel returned from Russia, and in 1792 he inherited his father’s house in Queen’s Square Place, Westminster together with a significant property portfolio.