Silk v Brief - Autumn/Winter 2022

Silk

v Brief

Silk v Brief

Photo by Gabriel de Chaisemartin

IN THIS ISSUE IN THIS ISSUE

Letter from the Editor

INSIGHTS

Striving for Equality and Inclusivity at the Bar

UCU Industrial Action - Why Strike?

Human Rights and Turkey: A Difficult Story

ChatGPT: A Serious Risk of Plagiarism

FEATURES

The Perennial Alien: Statelessness and Foreign-Born Children

A Dangerous Spirit: Placing Garett Hardin in the Environmental Movement

Otter and Acceptance

Victimless Crimes: An Absurdity Overlooked?

The Art of Law: from Kitchen Utensils to White Boxes

OPINION

Learn Poker to Succeed in the Legal Industry

When Contract Law Fails

Legally Sound

Bloomsbury's Best Boozers

LIFESTYLE POETRY

Seashells

Acknowledgments

Serle Court Chambers Essay Prize

Photo by Gabriel de Chaisemartin

Letter from the Editor

HelloandwelcometotheAutumn/Winter2022editionof theSilkvBrief,broughttoyoubytheUCLLawSociety

Publicationsteam

Wearedelightedtosharethispublicationwithyou,whichwehave beenworkingtirelesslyonforquitesometime Weapologisethe delayinpublishing,buthopethatyoufinditworththewait

TheSilkvBriefisourlongstanding,flagshippublication.Itis accompanied by the Legal Awareness Newsletter, which my predecessor,TimothyKoo,introducedin2021.Ithasbeenajoy workingonbothofthesepublicationswithatalented,hardworking teamofeditorsandstaffwriters

Ihopeyoucanseethatwe'vedecoratedthispublicationalittle differentlythisyearThereisnolongerathemetotheSilkvBrief andweencourageawiderarrayofcontributionsthatwehopeto sharewithalargeraudience.Thistitleisaspacethatfeatures reviews, in-depth interviews, opinion pieces, editorials, guides, featuredarticles,poetry,andmore-thereissomethingforeveryone. Withyourcontributions,wehopetofeaturemoreofthesepiecesin ourSpring/Summeredition

Inthefollowingpages,youwillreadwordsbyguestwriters, academics, and peers and gain some insight into their own perspectiveonlived-inexperiencesandemergingareasoflawand industry

BenthamHouseishometoover600undergraduatestudentsalone,allofwhomare drivenandtalentedindividualswithsomethingtosay-myhopeisthatyouusethe SilkvBrieftoshareit

Inhopesofencouragingyou,wehavelaunchedanEssayPrize,graciouslysponsoredbySerleCourtChambers. TheSerleCourtChambersEssayPrizerewardsinsightfulcontributionsinanywrittendisciplineanddoessowith theintentionofpromotingamulti-disciplinarypublication.Wehopetoannouncethewinnerofthisawardat ourprintlaunchpartytowardstheendofMarchIfyouwouldliketobeconsideredforthisprizeandhaven't contributedtothisedition,pleasewritefortheSpring/SummereditionoftheSilkvBrief

Ithasbeengreatworkcuratingthecontributionsforthistitle.Itwasespeciallyfuntolaunchmyowncolumn thisyear,LegallySoundInspiredbymyradioshow,'ABoxofMusicChocolates',LegallySoundbringstogether recommendedsongsofadiversegenreinonemasterplaylistThankyoutoeveryonewhocontributedtothe column(evenifyoudidnotdosowillingly-oops!)Ifyouhaveanysongrecommendationsorreviews,send themmyway!IhopetocontinueLegallySoundinthenexteditionandsupplementitwithathoroughrestaurant guidefullofthespotsIhavebeenshamelesslygatekeepingforthreeyears-Iliketothinkofitasmygraduation gifttoyouall.

Lastly,IwouldliketothankthePublicationsSubcommitteeandthecontributorstothiseditionoftheSilkv Brief.Thiseditionwouldnothavebeenpossiblewithoutyourtime,work,andeffort.Iamincrediblygrateful thatyouhavetrustedmewiththemanagementofthispublicationandhopethatyouareproudofthefinal product.

Foreveryours,

Haya Al Amin Publications Officer UCL Law Society 2022/23

A REFLECTION ON CHAIRING A NATIONAL PROFESSIONAL ORGANISATION SUPPORTING WOMEN AT THE BAR

theUCLLawsWomen’sInformalRoundTablediscussion

heldatUCLon7thDecember2022,notonlybecauseofthe impressive level of awareness that students had about the challengesthatwereoftenfacedbywomenandthosefrom under-representedbackgroundsenteringthelegalprofession, butalsobecauseitgavemetheopportunitytoreflectandshare theworkthatIhadbeendoinginthisareaoverthelastthree yearsasoutgoingchairoftheAssociationofWomenBarristers (AWB)

TheAssociationofWomenBarristerswasformedbackin1992 topromoteandrepresenttheinterestsofwomenattheBarin EnglandandWales(thirtyyearsontheAWBisabouttoberelaunchedunderanewname,Justicia,toreflectitsfutureaimof supportingnotjustwomenbarristers,butalsowomenjudges, solicitorsandlegalexecutives) Whilethepoliticalandsocial landscapehaschangedbeyondrecognitionsincetheAWBwas founded(forinstance,oneofthefirstsuccessfulcampaigns orchestratedbytheAWBresultedinwomenbeingallowedto weartrousersincourtforthefirsttime),itdidnotcomeasany surprisedtotheengagedstudentsinattendancethatmany challengesstillexistforwomenattheBartoday.

Whilewomenarenowperhapssightlyout-numberingmenat thequalifyingstage,averydifferentpictureemergesatboth5 and10yearscallwhenthenumberofwomenremainingin practicedropsconsiderably Theproblemofretainingfemale talentattheBarhasbeensoconcerninginrecentyearsthatthe BarCouncilnowseektomonitorwhywomenleavepractice, by asking all those leaving the Bar to complete an exit questionnairestatingtheirreasonsforleaving Whilethis exodus has generally been put down to maternity leave, childcareandotherfamilyresponsibilitiessuchascaringfor elderlyrelatives(manystudiesacrosstheworldhaveshownthat the lion’s share of caring responsibilities still falls disproportionatelyuponwomen),thereareothermoresubtle andtroublingforcesatworkthatcanforcewomenoutofthe profession

TheworkoftheAWBwasconcentratedontheseaspects duringmytenureaschair Firstly,womenhaveoftenbeen encouraged or have, often as a result of stereo-typed assumptions,beenpigeon-holedintopracticeswhereahigh proportionoftheworkispubliclyfunded,suchasfamilylaw andcriminallaw(inparticularrapeandsexualoffenceswork).

Aspubliclyfundedworkhasbecomelessofaviablecareer optionduetocutsmadebysuccessivegovernmentstothelegal aidbudgetinrecentyears,practitionershavebeenleavingthese areasinhighnumbers

Thisisisasignificantfactorinthefailuretoretainwomenatthe bar,giventhathigherproportionsofwomenthanmentend workintheseareasoflaw.Secondly,anumberofrecentstudies haveindicatedthatwomenandotherunder-representedgroups at the Bar are more likely to be subject to bullying and harassmentinthecourseoftheirdailyworkinglives

Manywomenhavereportedthattheseexperiencesgravely discouragedthemtothepointwheretheylefttheBar At presentthereisasuchahighlevelofconcernaboutthisissueat alllevelsofseniorityattheBarthattheLordChiefJusticehas recentlyintroducedapolicyonbullyingandharassmentinthe judiciary

WhenIstartedmytenureaschairoftheAWBinmid-2018,the International Bar Association had just produced a report reportingonbullyingandharassmentinthelegalprofession worldwide Thereportfoundthatsuchbehaviourwasonthe riseandextremeformsofinappropriatebehaviour,suchsexual harassment,hadbeenexperiencedbyoneinthreewomenand1 in14meninthelegalworkplace In2019and2020,theAWB convenedaseriesofworkshopstoascertainhowbullyingand harassmentwereimpactingtheprofessioninEnglandandWales and,moreimportantly,whatcouldbedoneaboutit The findingsoftheroundtablediscussionswerepublishedina report(LynneTownleyandHHJKalyKaulKC,IntheAgeof ustoo:Movingtowardsazero-toleranceattitudetoharassment andbullyingattheBar:bitly/3aEljzW)publishedin2019 Duringtheroundtablediscussionsitbecameclearthatamacho culturewasstillaliveandwellintheprofessionandthatunderrepresentedgroups,suchaswomenandthosefromBlack,Asian and Minority Ethnic (BAME) backgrounds, were disproportionatelyaffectedbyharassment,bullying,andother inappropriatebehaviours.

The report’s key findings include

Power imbalances created vulnerability (egduringpupillage oronreturntoworkfollowingmaternityleave)and inflexible working practices created stress and impacted on individual well-being:

Wefoundthatmoreflexiblepracticesaroundtheadministration andclerkingofbarristers’workwasneeded,particularlyfor those returning from career breaks or juggling family commitments Whilemanychambershaveadoptedfamilyfriendlypolicies,therewasstillnoconsistencyastowhatcould beofferedamongstchambers

Unequal treatment around the distribution of work and inequitable briefing – for example, overlooking women barristers leading briefs and more lucrative work such as (commercial/whitecollarfraud):

Assumptionsareoftenmadethatfemalebarristerswerebest suitedforfamilyorcriminalcasesTimeandagainwomenwere encouragedtowards,andinreality,siphonedofftoundertake casesinvolvingrapeandserioussexualoffences,whilemale colleagueswererewardedwithhigherpaidandmorevaried work,whichwasmuchmoreusefultosupportapplicationsfor silk

Iwasdelightedtohavebeeninvitedasoneofthespeakersat

Lynne Townley

The existence of a widespread culture of fear around ‘calling out’ or reporting incidents of bullying and harassment:

Manybarristerssaidthattheywouldnot‘callout’badbehaviour eitheratthetimeorthroughinformalchannelsduetothe delicaciesofself-employment,reputationaldamageandthe sensitivityofclient-counselrelationsandclientconfidence

Bullying and inappropriate behaviour by barristers professionally and socially: Examplesincludedinstancesoffemalecounselbeing‘talked over’andexcludedfromcasediscussioninrobingroomsThere werealsoreportsofopendiscussionstakingplaceamongstmale barristersatcourtratingtheattractivenessoffemalecolleagues

Poor facilities available for women and non-binary people at court centres resulting in feelings of exclusion: Onebarristersaidthatshehadaskedforaprivateroomto expressbreastmilkatcourt Shewasshowntoaconference room–onlytofindthatthedoordidnotlock Following anotherincidentintheRollsBuildingattheHighCourtin November2019,whenabarristerwastoldshecouldhirea conferenceroomfor£150whensheaskedforaprivateroomto extractbreast-milk,HMCourts&TribunalsServicepublished guidancetosupportthosebreast-feedingandnursingbabies.

Quick Wins - Measures that we recommended couldbeput inplace with a minimum of cost and effort toimprovethe situation:

Whilewerecognisedthatsomeofthechangesthatwouldbe requiredwerenecessarilyataregulatoryorinstitutionallevel, weconsideredthateveryoneinorthinkingofenteringthe professionhadaroletoplay,if,asthethenchairoftheBar, AmandaPintoKC,commentedintheprefacetoourreport,we were to build ‘ a better more inclusive and sustainable profession’

We offered the following suggestions to our fellow practitionersandtobarristers’chambers:

Organise training sessions to raise awareness about the effects of bullying, harassment, and other damaging behaviours, such as unconscious bias –theAWBalsorana trainingsessionforbarristersfacilitatedbyRaggiKotak,a barristerwhohastrainedinprocesswork(afacilitationmethod formanagingconflictandchange);

Lobby chambers toadoptmore flexible policies around maternity and parental leave:forexample,theintroductionof afreezeonflatraterentarrangements/reducedrentoroffering short-terminterest-freeloansforthosereturningafterextended careerbreaks;

Consider investing in coaching toboostconfidence,mindset andresilience:trainingcanhelpusidentifywhetherourwords, thoughtsandbehavioursaresupportingpositiveoutcomesand enableustocopewiththeeffectsofdamagingbehaviours.

Nikki Alderson, a barrister turned career coach, delivered empowermentcoachingworkshopsforfemalebarristersand workedwiththeAWBaswellasotherorganisationssupporting womeninthelaw,suchas WomeninCriminalLaw,The MidlandCircuitWomen’sForum,andWomenintheLawUK;

Encourage men to champion oroffertomentoramore juniorbarrister:TheAWBorganisedasuccessfulmentoring schemeforpupilbarristerstobementoredbyamoresenior barrister – this also served to underpin the AWB’s #HeForSheAtTheBarTwittercampaign;

Challenge the stigma around mental health:Weencouraged barristers to make colleagues more aware of the resources availabletohelpbarristers ResourcessuchasLawCareand WellbeingattheBarofferbespokeservicestobarristersanda confidentialhelplinesupportingbarristersfacinginappropriate anddiscriminatorybehaviour

Finally,theAWBwasinvolvedinthetestingofaservicecalled Talk to Spot,whichwaslaunchedin2019bytheBarCouncil. TalktoSpotisanonlinetoolthatallowsbarristerstorecordand, if they want, report inappropriate behaviour, bullying, harassmentanddiscriminationattheBarandBench Usersof thetoolretainsolecontrolofanyinformationthattheychoose torecordonit

Asafinalnote,Iwouldpointoutthatthebehavioursand challengesoutlined,whilesignificantandconcerning,

standincontrasttothewidespreadprogressthathasbeenmade in recent years to make the bar and more inclusive and welcomingprofessionforthosestudentswhochoosetoenterit ThefourInnsofCourtnowoperatediversityandinclusivity fora,andIhavenodoubtthatUCLstudentsheadingtotheBar andthelegalprofessionwillbeinvolvedinstompingout inappropriateanddiscriminatorybehavioursintheworkplace onceandforall.Iwishallthestudentseverysuccessintheir futurecareers,anditwasapleasuretohavebeeninvolvedinthis valuableroundtablediscussionwiththem

Lynne Townley is a barrister, Fellow of the Higher Education Academy, and part-time lecturer in Bar Vocational Studies at City Law School, University of London She also sits as a Fee -Paid Judge Lynne was elected as a Bencher of The Middle Temple in 2022 and was Chair of the Association of Women Barristers from 2018 – 2021

UCU Industrial Action - Why Strike?

A first-hand account from two UCL Laws faculty members on why they are taking industrial action

Voice from the Faculty's Union Representatives

Dr

Megan Donaldson

As one of the Faculty’s union representatives (with Jane Holder and Isra Black)I wanted to offer some answers on questions we are often asked.

What are the strikes about?

The current strikes concern two disputes, both of which are nationwide rather than UCL-specific They are about staff working conditions and how these affect the education universities can offer students, now and in future

One dispute is about pay, equality, workloads, and precarious work Staff have lost roughly a quarter of their salary in real terms since 2009 Pay offers like this year’s 3% (well below inflation), coupled with the rocketing cost of living (rent and mortgages, childcare, public transport, food etc), are making it difficult for many staff to live Universities say they are working to welcome more diverse students, and yet their employment practices are limiting the kinds of people who might contemplate a career as a lecturer, or in the vital professional services roles that support everything universities do Another crucial issue is universities’ reliance on casualised labour (staff on short-term or rolling contracts, offering little job security or opportunity for career progression). The union wants commitments to reduce reliance on these insecure contracts. The union also seeking to make progress on excessive workloads (staff stretched so thin that they cannot provide the support students need without huge personal costs); and to address inequalities (staff already marginalised on racial, gender, and disability grounds bearing the worst of these poor conditions). We need to address all these things together. Otherwise, universities might increase pay for permanent staff, but try and increase already untenable workloads further, or transfer work to a growing number of casualised employees on insecure contracts. Any of these outcomes would harm students.

A second dispute is about pensions

We have seen successive and unjustified cuts to the USS pension scheme These have deepened intergenerational and gender injustice in the sector Universities have failed to defend staff interests in a dignified retirement Pensions might seem remote, but they are deferred pay, and vitally important to attracting and keeping excellent and diverse people in university jobs Unless universities can offer some financial security to staff in retirement, it will become even harder for people without independent wealth to build careers in the university

Isn’t there another way to take action?

Bluntly, no Experience in past years teaches us that university decision-makers perhaps understandably prioritise hard constraints Funding, estates capacity, student numbers these are all treated as hard constraints Staff can always be squeezed a little more So they are, year on year, until staff draw a line and insist on change Industrial action is a last resort to do this

Isn't this just an issue about underfunding of universities?

In part Universities can do a lot more on both pay and conditions under the current higher education funding model, and we call on them to do it But yes, decisions in recent decades to pull back government support for universities, and to make universities more reliant on student fees, have been devastating The scale of fees is a burden for students, and anxiety about loan repayments can be a barrier to many students entering higher education in the first place In many cases, though, fees do not actually cover the cost of providing education, much less all the other activities universities undertake If the truth is that universities cannot square the circle on the existing funding model if they cannot pay and treat staff decently to provide high-calibre education to students then they need to say this, loudly and clearly, and we all need to campaign for a new approach to the funding of higher education But institutions also need to act here and now, in the current disputes, and we think there is scope for them to do so.

Voice from a Faculty Member

Dr Mark Dsouza

I wanted to say a bit about why I, personally, am choosing to strike I am privileged Sure, in some ways, I’ve had to overcome hurdles that others have not, but some things have been easier for me, as a straightman. I have also been lucky. I look around at colleagues whom I deeply admire, in UCL Laws, other faculties at UCL, and in faculties across the country, and despair at the fact that despite their brilliance, love for teaching, diligence, and generosity, they still live their lives chasing the next poorly paid 8 to 12-month contract that will keep them and their family – if they can afford to have one – fed and housed. That is no way to live. It does not allow you to settle in one place, and it makes it so much harder to have the stability necessary for a family. As soon as you start one job, you are on the lookout for the next. When you do find an opportunity, you are one of literally hundreds who apply for the same crappy short-term contract, and even with years of experience, you might find yourself applying for fifteen or twenty positions before (if you are ‘lucky’) getting another role that keeps the lights on at home (wherever that may have to be with the new job) for a few more months And if that is the template that life follows, one does not have the time and space needed to engage in the deep thought and concentrated work that makes excellent research possible And without that, one is ‘unqualified’ – no matter how brilliant, diligent, generous, and excellent as a teacher one may be – for a permanent position

I was lucky enough to get a permanent contract straight out of my PhD, but I say this with no false modesty: there but for dumb luck go I

So, despite personally being relatively comfortable, or in fact, because of it, I feel duty-bound to stand with my wonderful colleagues who have not been as lucky as I have, and demand that the sector do better There is absolutely no reason to think that it cannot Both the government, and universities, have chosen to systematically underinvest in staff security and well-being, and to make fewer and fewer, do more and more, for less and less The money ‘saved’ is invested in physical infrastructure, and boosting student numbers, thus piling further pressure on already overburdened staff All of this comes at a cost

to the physical, mental, and emotional health of staff, and also of students, who are the first to feel the effects when staff are unable to provide the support that they have every right to expect from a nurturing university.

I don’t want to sound too pessimistic – it's not too late for things to change. But that change needs to start now.

HUMAN RIGHTS AND TURKEY: A DIFFICULT STORY

Baran Aksoy

Article 2 of the Turkish Constitution states that “[t]he Republic of Turkey is a democratic, secular and social

state governed by the rule of law; bearing in mind the concepts of public peace, national solidarity and justice; respecting human rights; loyal to the nationalism of Atatürk [ ]” However, it is not hard to see that Turkey has always had a difficult relationship with human rights In 2002, with the election of the Justice and Development Party (AKP), many believed that Turkey was on the right path. In the twenty years that have since passed, some things have changed for the better, others for the worse

In this article, I will deal with two different areas which have raised human rights issues: religion and freedom of speech This article does not specifically focus on the presidency of Recep Tayyip Erdoğan (2014-present) but aims to shed light on the human rights breaches that may have been committed since the proclamation of the Republic in 1923 Indeed, looking at the question from a broader perspective will help to understand the underlying dynamics of Turkey’s problems today In that sense, this article does not seek to promote a political stance, nor does it seek to criticize anybody

A Contentious Topic: Religion

In 1923, the Republic of Turkey was founded from the ashes of the fallen Empire The founding fathers of Turkey believed that one of the main reasons that caused the decay of the Ottoman Empire was religion and its overwhelming presence in daily life and politics Hence, the new reforms aimed, among other things, to limit the influence of Islam With the introduction of the clothing reform, it became prohibited for laymen to wear religious clothing. Only imams were, then allowed to wear religious clothing and only while they are working This also meant that the niqab was banned, and wearing a headscarf was heavily discouraged by the state

Since then, although different political parties have succeeded each other, government propaganda has stigmatised headscarves and thus people began to see them as a symbol of bigotry.

The Constitution also underscored that the Republic of Turkey is a secular country in which religion should be strictly left out of the political debate This tenet of Kemalist secularism later led to coups d’états by generals that aimed to suppress religious rhetoric even at its smallest gain in popularity At numerous points, the Constitutional Court has dissolved Islamic political parties and banned politicians from holding public offices.

In 1996, for the first time in history, a religiouslyconservative party won the elections and held a slight majority in the Grand National Assembly Thus, Necmettin Erbakan became the first Prime Minister that was from an Islamic party However, a year later he had to resign to prevent a potential coup by the Army who had issued a memorandum stating that it will do anything to protect secularism in Turkey Subsequently, under the fear that the Army would organize a coup, stricter rules were implemented. Accordingly, veiled women were not to be allowed to receive a university education, hold any public office or be civil servants Many university students were lynched because of their headscarves and excluded from their universities Some wore wigs to not get any backlash and still be able to have a proper higher education In 1999, Merve Kavakçı, the first veiled woman to be elected to Parliament, was forced out of the Parliament by other members (including women), after Prime Minister Bülent Ecevit delivered a speech where he said “please bring this lady into line” In 2007, Merve Kavakçı won her legal battle against Turkey in the European Court of Human Rights, which stated that the event that took place in 1999 was an infringement of her right to religious freedom

Another impactful event was the incarceration of the thenmayor of Istanbul, Recep Tayyip Erdoğan who recited a religious poem at a public rally. Further to his conviction, Erdoğan had to resign from his mayoral position and was banned from politics

Overall, religious freedom was heavily compromised by continuous government efforts in Turkey However, in 2002, the AKP, whose founders included Erdoğan, won a landslide victory in the election In 2007, Abdullah Gül was elected as the first President from a religiously conservative background (although debate arose as to whether he was fit for this role since his wife wore a headscarf) Under the AKP, the veil is now permitted to be worn in universities and in some parts of the civil service In 2015, for the first time, headscarfed women were able to take the oath of office in Parliament and became official Members of Parliament (among which was Ravza Kavakçı, Merve Kavakçı’s sister). Recently, Parliament has been working to recognize the veil as a constitutional right. Some underscore that this might be an attempt by President Erdoğan to gain popularity from the conservatives considering the approaching 2023 election

Freedom of Speech

Freedom of speech is supposed to be a right recognised in the 1982 Constitution. Atatürk, the founder of the Republic of Turkey believed that criticism was key to progress However, at numerous points in the history of Turkey, freedom of speech has been severely restricted

The 1980 coup d’état took place following political gridlock, civil unrest, and violent conflict s between left and right-wing activists Under the junta, freedom of speech was limited Many people got prosecuted for their ideas and sometimes even executed As the then President Kenan Evren, said, if they hanged one person from the right then they tried to also hang one from the left, for it to be equal. Houses were raided. People were arrested on made up charges. During the two years of army rule, freedom of speech was very much compromised

Nearly 40 years after the junta, it might be said that freedom of speech is in an equally dire situation

One of the main aspects of this is the incarceration of journalists Indeed, freedom of the press is in real danger Most news outlets back the government and those which do not regularly get fines from the broadcasting and journalism watchdog According to the Turkish Union of Journalists (TGS), as of January 2023, 44 journalists are jailed on made up charges.

Some consider that President Erdoğan has used the 2016 coup attempt by the Gülen movement as an excuse to restrict and punish dissent Journalists and academics have been arrested on terrorism charges, most of whom being detained for an indefinite period, awaiting trial Most notably, the philanthropist Osman Kavala has been jailed since 2017 after being arrested for alleged links to Fethullah Gülen and the Fethullahist Terrorist Organization (FETÖ) Kavala’s arrest has seen backlash from the international community Although the European Court of Human Rights ordered his release, Kavala is still being kept at the high security Silivri Prison

The AKP’s 2019 landslide defeat to the Republican People’s Party (CHP) in the largest cities (notably Istanbul and Ankara) further fuelled Erdoğan’s attacks on freedom of speech and political belief Since then, some argue that President Erdoğan has waged a war on Ekrem İmamoğlu, Mayor of Istanbul In December 2022, İmamoğlu was sentenced to prison for allegedly insulting judges of the Supreme Electoral Council (YSK) after the YSK had ordered the repetition of the 2019 Istanbul elections for alleged fraud

The subsequent election resulted in victory for the CHP and İmamoğlu by an even greater margin İmamoğlu asserts that his criticism was aimed at the Minister of the Interior Ekrem İmamoğlu’s conviction is, at the time of writing, being contested in the Court of Appeals. He has emphasised that, should his conviction be upheld at appeals, he will appeal to the Court of Cassation (Yargıtay - Supreme Court of Appeals) İmamoğlu’s conviction is key to the political sphere in Turkey as this would bar him from running for President in the 2023 presidential election In this sense, his conviction has been considered to be politically motivated.

Selahattin Demirtaş, the leader of the pro-Kurd, Democratic Party of the Peoples (HDP) has also been incarcerated since 2016 for his alleged links to the Kurdish terrorist organization PKK The ECtHR has ordered Demirtaş's release, however, he remains imprisoned

Closing Remarks

Human rights breaches in Turkey are not limited to religion and speech Ethnic minority rights (eg the historically persecuted Greek minority) and LGBTQ+ rights provoke heated debate about the compatibility of continuous government policies with human rights principles

Turkey is today considered by commentators as an illiberal democracy or a hybrid regime where elections are free but where other areas of daily life might be restricted The 2023 presidential and legislative elections are described as decisive as to whether Turkey will enter the path to becoming a full democracy or slide into an authoritarian regime like Russia or Iran

Straight from the (Algorithmic) Horse's Mouth: ChatGPT on Academic Plagiarism

We asked ChatGPT about the risk it poses to plagiarism in academia Here is the response it generated

ChatGPT, like any language generation model, poses a risk to plagiarism in academia The ease with which one can input a prompt and generate text can lead to the unintentional or intentional use of generated text as original work

One of the main risks of using ChatGPT for academic work is the possibility of unintentionally plagiarising. For example, a student may use the model to generate text for a paper, but fail to properly cite the source, leading to plagiarism. Additionally, the model's ability to generate text that is similar to existing sources can make it difficult for plagiarism detection software to accurately identify the source of the text.

Another risk is the potential for intentional plagiarism. With the availability of large language models like ChatGPT, it may become easier for individuals to pass off generated text as their own original work This could lead to a rise in academic fraud and undermine the integrity of the academic system

To mitigate these risks, it is important for individuals to be aware of the potential for plagiarism when using language generation models like ChatGPT Proper citation and attribution of generated text should always be used, and any text generated by the model should be thoroughly reviewed before submitting it as original work Additionally, institutions and organisations should make efforts to educate students, faculty, and staff about the risks of plagiarism with language generation models and provide guidance on how to use them responsibly

Overall, ChatGPT is a powerful tool for generating text, but it also poses a risk to plagiarism in academia. By being aware of these risks and taking steps to mitigate them, we can ensure that the benefits of language generation models are realised while maintaining the integrity of the academic system.

ChatGPT, or Generative Pre-trained Transformer, is a large language model developed by OpenAI that has the ability to generate text in response to a given prompt. This technology has many potential applications, including in the field of education, but it also poses a risk to plagiarism in academia

One of the main risks of using ChatGPT for academic work is the possibility of unintentionally plagiarizing For example, a student may use the model to generate text for a paper, but fail to properly cite the source, leading to plagiarism Additionally, the model's ability to generate text that is similar to existing sources can make it difficult for plagiarism detection software to accurately identify the source of the text.

Another risk is the potential for intentional plagiarism. With the availability of large language models like ChatGPT, it may become easier for individuals to pass off generated text as their own original work. This could lead to a rise in academic fraud and undermine the integrity of the academic system.

To mitigate these risks, it is important for individuals to be aware of the potential for plagiarism when using language generation models like ChatGPT Proper citation and attribution of generated text should always be used, and any text generated by the model should be thoroughly reviewed before submitting it as original work Additionally, institutions and organizations should make efforts to educate students, faculty, and staff about the risks of plagiarism with language generation models and provide guidance on how to use them responsibly

It's important to note that ChatGPT is just one among many language generation models and it's not only limited to academic context, it's widely used in many industries, writing, marketing, and more These models can help save time and effort, but it also requires individuals to be responsible and ethical in their use

In conclusion, ChatGPT is a powerful tool for generating text, but it also poses a risk to plagiarism in academia. By being aware of these risks and taking steps to mitigate them, we can ensure that the benefits of language generation models are realized while maintaining the integrity of the academic system.

Photo by Gabriel de Chaisemartin

THE PERENNIAL ALIEN–STATELESSNESS AND FOREIGN-BORN CHILDREN

Alexander Clevewood Ng

My partner and I talked about having children

As ardent adventurists, we attempted to reconc-

ile this with being ‘ on the road’ . My optimism wore off when she asked,‘What if our child ended up stateless?’

As a fiery German born in France, with Polish-born parents, she cannot not transmit her German nationality to any potential children. Since I am a British citizen by descent, any of my foreign-born children would not be automatically conferred British nationality. Unless we were cash-strapped aristocrats who moved to countries where birthright citizenship (full jus soli)is offered, statelessness is an alarming possibility.

Statelessness is an oft-neglected issue.A stateless person is‘ not recognised as a national by any state under the operation of its law’ . One’ s inability to show off passport stamps at check-inis the least of one ’ s worries. The persistence of statelessness creates a tierbased system in society which perpetuates injustice, as one ’ s immigration status determines one ’ s rights and access to public services. This is observed in various situations Following the handover of Hong Kong to Chinese sovereignty in 1997, thousands of individuals of non-Chinese ethnicities are potentially denied Chinese citizenship. They are only entitled British National Overseas (BNO) passports, which do not confer the right of abode in the United Kingdom. They are practically stateless. As inequality simmers, this reasonably aggravates existing racial tensions in Hong Kong Indeed, as Hong Kong and mainland China no longer recognise the BNO, ethnic minorities resident in the territory who have not acquired non-BNO nationalities are expected to see their civil rights further attenuated

Back in Blighty, London is home to a significant ‘Bidoon’ community Bidoon means ‘without nationality’ in Arabic They have long suffered from discrimination in the Gulf, most of them originating from Kuwait.

Bidoons are mostly members of nomadic tribes, having failed to register as Kuwaiti citizens as Kuwait became an independent country in the mid-20th century. Owing to intricate sociocultural reasons and historical developments, they are still branded as ‘illegal residents’ , with their freedoms severely restricted relative to Kuwaiti citizens. Many, in order to escape, are impelled to purchase fake passports. Although Gulf states proposed collaborating with Comoros to give Bidoons Comorian citizenship, this could potentially widen the pre-existing gap in societal treatment between Kuwaiti citizens and Bidoons Bidoons, as foreign citizens, would be subject to immigration control and higher risk of deportation, particularly when embroiled in skirmishes with the law. This is set against the backdrop of an increase in prosecutions of Kuwaiti residents in peaceful pro-Bidoon protests. This would also trigger identity crises in younger Bidoons, since their national identity would thenceforth be increasingly distanced from their cultural identity

These examples demonstrably illustrate the multifarious ills of statelessness. It therefore comes as no surprise that signatories of the 1961 Convention pledge to reduce statelessness within their jurisdictions. However, there are more insidious ways in which statelessness is perpetuated on British soil One of which is the ‘twogeneration rule’ : effectively barring third-generation foreign-born children of British citizens by descent from acquiring British nationality by descent, registration or otherwise than by naturalisation The rule originates from British Nationality Act 1981, which provides the groundwork for contemporary legal developments in domestic nationality law. This rings true even if the British citizen lived most of their life on British soil, contributing significantly to the British economy.

This regime, underpinned by the arbitrary characteristic of birthplace, ultimately hinders the UK from meeting its obligations under the 1961 Convention.

Although this discussion is construed as academic owing to its seemingly narrow focus, in reality, it has severe ramifications. With the popularisation of air travel and free movement, global mobility is on the rise Although on average only one out of thirty residents in any state is a migrant, the number of international migrants has increased by 128 million from 1990 to 2020 In 2019, it was estimated that the total number of migrant workers globally reached 169 million. These figures contrive to suggest that people are more prone to spending periods of time abroad, potentially to advance their career There is a greater chance that individuals would engage in romantic relationships and have children abroad. Such parents, being exposed to the wonders of multiculturalism, reasonably pass on this mindset to their offspring, so that they too would potentially live outside their ‘passport country’ with their future children and romantic partners, who also share their worldview Exceeding the ‘two-generation rule’ is therefore no longer a remote possibility For this demographic, it is not always feasible to press a ‘ pause ’ button and fly back to their country of origin to give birth Furthermore, apart from sunlight-averse, spectacle-wearing geeks in law libraries, who would pore over legislative minutiae to verify whether their potential children would fall foul of any ‘two-generation rule’ , if present? Despite the passing of the Nationality and Borders Act in 2022, the meat of UK nationality legislation still rests with the 1981 Act. Referring to figures cited afore, global migration has achieved such significant heights in four decades that the prevailing legislation no longer fully serves the needs of its populace. It also unjustifiably increases the risk of statelessness

This rule also indirectly discriminates against individuals from traditionally marginalised sociodemographic subgroups According to The Guardian, British parents in LGBTQ couples are unable to procure for their foreign-born children British citizenship. Although they are not explicitly excluded in pertinent legislation, they encounter significant practical hurdles when doing so

This is especially true for those experiencing financial hardship. Even if they did not fall foul of the ‘twogeneration rule’ , if the child belonged to the second generation born abroad, they could only become a British citizen by virtue of registration This status could not be acquired automatically. Registration is costly, amounting to ~£1,012 in 2022. This is not unlawful, even when British nationality is virtually sold as a commodity Notwithstanding the establishment of a fee waiver regime, requirements for its engagement are onerous. The high threshold applies to both for form, i.e. ‘clear and compelling evidence’ required; and substance, i.e. the ‘affordability test’ , which is only met if accommodation and essential living needs are not satisfied at the time of application. Furthermore, many countries still do not recognise same-sex relationships and any resultant offspring. The other parent’ s citizenship may therefore not be transmitted to the child, augmenting the risk of statelessness. Some may argue that statelessness can be avoided by having children in full jus soli countries. This is fallacious. That justice could be achieved via limited means does not remedy the broader misjustice that permeates our system

Potential dissenters may argue that the ‘two-generation rule’ is fundamental in fostering both national identity and belonging. Recent evidence from Portugal also suggests an increase in burden on public services following the conferral of citizenship to descendants of Portuguese ancestors This, if anything, re-emphasises the need to strike a fair balance. Abrogating the ‘twogeneration rule’ is ultimately important in tackling statelessness, thereby bringing fairness and equality to the voiceless

As a counsel of despair, I shoved my passport in the drawer

In 1968, the Apollo 8 mission, the astronauts in their tin can looked out beyond the bleak, craterous surface of

the moon, and discovered the mesmerising beauty of this planet over the horizon The picture they took – Earthrise –would become a symbol for the nascent environmental movement It showed the planet as one, without any discernible borders – one ‘lifeboat’ harbouring the diversity of nature and the multitudes of humanity

The same year, Garrett Hardin would publish his seminal text ‘The Tragedy of the Commons’ In this ‘lifeboat’ he would see the exhaustibility of the earth’s resources In Tragedy, Hardin argued that the common holding of land would end in the ultimate demise of the human species and the planet He explained this by way of a thought experiment Take a patch of land that is openly accessible to the herds-people of the region He surmised that because there would be no private interest that attached to the use of the land and its continuing value – thus no one directly invested in its perpetual use as grazing land – the individual herds-person would not care for the sustained existence of the land Hence, the land would be stripped of its nutrients through overgrazing and slowly become barren In effect, Garrett Hardin identified the environmental collapse as resulting from public holdings of land, so that private parcellation, to him, was a necessary goal

The idea proved influential for environmental thought – indeed it is still being taught to environmental law students as mundane received knowledge

We need to take a critical look at Hardin’s seminal essay and the person that wrote it Hardin’s thought is filled with racism and follows a nativist ideology that has guided this strain of ecological thought. By comparing Hardin’s thought to the Nazi idea of 'Blut und Boden', we will see his eco-fascist credentials.

The Tragedy and the Lifeboat

Reading Tragedy, and putting it into the context of Hardin’s other writings, one discovers that more than ‘apolitical’ ecological concern is at play – as David Harvey has pointed out, Hardin argues in the vein of Neo-Malthusian environmental thinking, as well as adhering to White Supremacist ideology For instance, Hardin asks rhetorically: “In a welfare state, how shall we deal with the family, the religion, the race, or the class (or indeed any distinguishable and cohesive group) that adopts overbreeding as a policy to secure its own aggrandisement?” What is implied is that certain (i e non-white) ethnic groups will ‘overbreed’ slowly bringing ruin to the world and the rich states and their ethnically dominant groups. What he is implicitly advocating for is a precursor of the Great Replacement Theory

This is particularly evident when one considers Hardin’s stance towards non-Western states. As Ranganathan has pointed out, Hardin developed what Anthony Angie has called a ‘dynamic of difference’ in which the rich Global North could pursue its life of luxury whilst the Global South with its uncivilised and undisciplined attitude to population growth, would have to be reined in

The Tragedy of the Commons is selectively applied to the Global South. Hardin completely ignores the vast overconsumption of the Global North and applies the planetary tragedy only to the poorest societies Hardin’s “eugenicist assumptions, clothed in assertions of ecological concern, allowed him to simultaneously defend enclosures and heavy consumption by rich Western people and withhold resources from poor and Third World people”

An even more explicit exposition of Hardin’s ideology is to be found in his article ‘Living on a Lifeboat’ published six years after Tragedy, and arguing for an end to both foreign humanitarian aid and immigration to the US In his own words, “metaphorically, each rich nation amounts to a lifeboat full of comparatively rich people The poor of the world are in other, much more crowded, lifeboats [ ] the poor fall out of their lifeboats and swim for a while in the water outside, hoping to be admitted to a rich lifeboat, or in some other way to benefit from the ‘goodies’ on board.” The only viable option, for Hardin, was to not admit anyone, to avoid the lifeboat’s collapse

Vile language and the obvious and painful modern-day parallels aside, Hardin’s tactic is to do what he does best: as in Tragedy, he presents a thought experiment as obvious, rational truth, whilst obscuring the epistemological choices he makes There is not one citation to be found that supports his claims. The very idea of states as ‘lifeboats’ is untenable, just as the claim as to overstretching of capacity is States are embedded in a system of global production where goods are transported all over the world, but Hardin presumes a totally fictional autarchic state structure He simply ignores the historical reasons for why certain states are richer than others, and what implications this has for ‘lifeboat ethics’ Instead, he creates a ‘global colour line’ (WEB Du Bois) according to which some (read “White”) people have a right to life, whilst everyone else is doomed.

In the second step of his argument, Hardin shows his NeoMalthusian credentials By comparing the reproduction rates of richer and poorer states, and presuming them to be a nonchangeable fact, he purports to show the threat of large-scale immigration: “if the rate of population increase falls faster in the ethnic group inside the lifeboat than it does among those now outside, the future will turn out to be even worse than mathematics predicts, and sharing will be even more suicidal”.

Hardin not only connects reproductive ‘indiscipline’ to poorer, non-White states, but he also considers ‘American’ identity to be preordained White such that the shift in demographics towards a non-White population would be ‘suicidal’

The third step of Hardin’s argument carries him to oppose foreign aid through food banks From his familiar starting point of humans being irredeemably greedy by nature, he argues the establishment of a world food bank would enable states not to develop strategies to combat famines, by consistently relying on Western aid This is racism taken to apoplectic heights It suggests the ‘other’ is incapable of sustaining itself, beyond having to rely on the Western master to be educated on environmental sustainability It is again the ‘Hardin step’: ignoring the plainest historical accounts and economic and political dynamics that underlie famines and economic ‘underdevelopment’ There is no account of famines being socially conditioned by inequality or that Western states structurally exploit societies most vulnerable to natural disasters, not to speak of the increasing anthropogenic nature of these ‘natural’ disasters due to the climate apocalypse

caused by a mode of production dictated by Western states He acknowledges the actual purpose of a food bank – whilst deriding it: “An ‘international food bank’ is really, then, not a true bank but a disguised one-way transfer device for moving wealth from rich countries to poor.” But he goes even further in suggesting that famines, diseases, and other disasters are an acceptable by-product of overpopulation; an effective ‘natural’ cull of the population

Furthermore, as Susan Cox has shown, the commons were not the unregulated space Hardin presumed them to be, and were governed effectively for hundreds of years Indeed, it was the abuse of the commons by wealthy individuals, culminating in the enclosure movement – a “social change and the perennial exploitation of the poor by the less poor”, that led to this system’s demise What Cox proves is that Hardin yet again ignored the socio-historical conditions around the time of industrialization and enclosures which caused the environment to deteriorate The system endured for centuries, until a new social order uprooted it: “That the system failed to survive the industrial revolution, agrarian reform, and transfigured farming practices is hardly to be wondered at.” 11 It is telling that Cox concludes by asking whether it really was ‘homo economicus’ that was governing the commons or someone else, much more attuned to collective interest Hardin imagined a libertarian commons, when in reality it was governed according to ageold practices where the community had a vested interest in its sustained management

Blood and Soil

Hardin’s work, critically, is not an aberration of ecological thought, but deeply embedded in its very origins The founder of the Sierra Club, John Muir, alongside Theodore Roosevelt, the founder of the national parks in the US, were both not only enthusiastic conservationists but also avid racists; Roosevelt praising ‘The Passing of the Great Race’ The Sierra Club itself, for a long time, was heavily influenced by the nativist view fostered by Hardin. The Club advocated for anti-immigration policies and eugenics, with no regard for the environmental problems of the poor, which were and continue to be disproportionate

This shows that early ecological thought was deeply embedded in structures of white nationalism, indigenous dispossession and classism This vision of the ‘virgin soil’ belonging to one particular group probably found its strongest expression in the Nazi idea of Blut und Boden.

As Peter Staudenmaier shows, National Socialism was very attuned to conservationist efforts, which were a central framework to construct its genocidal ideology on top of According to Staudenmaier, German environmentalism finds its roots in German romanticism turned ‘völkisch’ “Völkisch thinkers preached a return to the land, to the simplicity and wholeness of a life attuned to nature’s purity”, as a response to the upheaval of the industrial revolution This movement, however, “refused to locate the sources of [ ] environmental destruction in social structures, laying the blame instead to rationalism, cosmopolitanism, and urban civilization”, leading to antisemitism The Nazis developed this thinking even further with the idea of ‘Blood and Soil’ Central to the Nazi ideology was the “mythology of racial salvation through a return to the land”, and the connection of the ‘Aryan German’ to ‘German’ soil.

Blut und Boden was important during the Lebensraum imperialist expansion in the ‘East’ In Himmler’s words, if the soil was to become “a homeland for our settlers” the landscape had to be kept “close to nature” as “one of the bases for fortifying the German Volk Lebensraum was intimately connected to Blut und Boden. As agricultural minister in the Nazi apparatus, Walther Darré, proclaimed: “The concept of Blood and Soil gives us the moral right to take back as much land in the East as is necessary [ ]”

Blut und Boden would also serve as ideological background for the Holocaust Since the Nazis could not admit to social dynamics leading to environmental degradation, they had to invent the ‘other’ on which to put the blame on – Jews Seen as bourgeois internationalists without connection to the soil, they were made the scapegoats. By implementing the ‘Final Solution’, “National Socialism could then be seen to strive for the elimination of other races in order to allow the German people’s innate understanding and feeling of nature to assert itself” The true of legacy of ecofascism in power is to have developed genocide “into a necessity under the cloak of environmental protection”

It might be far-fetched to call Garrett Hardin a Nazi in the mould of Hess, Himmler or Hitler, but it is clear that the ideas that Hardin developed in Tragedy and elsewhere echo the völkisch, Nazi ideological connection between a group and Boden As I have argued above, Hardin makes the presumption of Americans having an innate, unchangeable identity, fearing the influence of the non-White ‘other’ upon the ‘lifeboat’ –Boden – of the US But even more so, it is the absence of any examination of the underlying processes and structures which constitute and shape people’s relationship with their environment that connects these threads of reactionary ecology By wilfully ignoring this analysis, the fascist politics of the ‘other’ comes into play: a scapegoat has to be found whether it be Jews in the 1930s or immigrants from the Global South today

Fascism is yet again on the rise in Europe and elsewhere The politics of ‘us-and-them’ will gain purchase within the political sphere. With the climate crisis escalating ever more, Hardin’s lifeboat ethics comes into view, just as the environment gains more salience The question is whether this growing awareness for environmental problems will go in the direction of mutual aid, or towards isolationism, racial nativism, and selfish exploitation of the last resources as ‘homo economicus’ The alternative would be to question the socially constructed reality, the dynamics that cause famines, extreme weather events and environmental degradation and address the rootcauses for the malaise afflicting this planet.

But this article is a criticism as well as warning It is a criticism of the way environmental thought is still being taught Garrett Hardin’s politics are readily ascertainable upon a Google search Similarly, one need only have a critical mind to connect the dots to his Tragedy of the Commons Hardin’s ‘tragedy’ may be a great thought experiment, but it is only a thought experiment. Without an empirical basis, it is scientifically wrong to suggest that it is universally true Ignoring the latent politics in Hardin’s thought and the dangerous history of ecological thought more broadly is expressive of a disregard for the socially contingent nature of thought

Without an intellectual and social history of ecological thought itself one will not develop the capacity to criticise the production of knowledge in this discipline But it is just this criticism which should be the very aim of scientific inquiry

OTTER & ACCEPTANCE

This past term, an incredible group of very talented first-ye and effort to the creation of a very special gift for Dr Alan Brenner, who all of us know from the Contract Law, company law and financial regulation modules After Dr Brenner gifted each of them pens inscribed with "Contract Law Class 2022-2023", the students felt compelled to show their gratitude in return. They found inspiration in Dr Brenner's fondness for otters, which he often incorporates into his presentations, and decided to gift him an otter plush. To make this present even more special, Eva Kloppenborg, one of the students, who has a passion for tailoring, set to work creating a tiny replica of Alan's signature navy suit jacket for the plush otter

This heart-warming story highlights the importance of community, appreciation, and the satisfaction of doing what one loves, and it is wonderful to see these amazing values carried forth within our very own faculty

Eva Kloppenborg

We decided to gift Alan something after he gave all of us pens with ‘Contract Law Class 2022-2023’ written on them It was such a sweet gesture and we just had to give him something in return on behalf of the 1st year law students living in Garden Halls We came up with an otter plush because he has so many pictures of otters in his presentations, so we thought it must be an animal he likes. I then proposed to make the otter a suit jacket, specifically a tiny replica of the navy one Alan wears most of the time I love tailoring as a hobby so was very happy to do this - though I did discover that sewing tiny clothes is much harder than normal sized ones. I always fall prey to precision so I also added lining even though you’ll never see it Overall, I’m very pleased with how the Brenner Otter turned out I think I took around ten hours, but they really felt like one because I was doing something I enjoy.

Daniel Chee

Learning Contract Law with Dr Alan Brenner during our first term has been both enjoyable and insightful. His lectures are engaging and he takes great effort in trying to help us in our learning of Contract Law One of the notable things he does is including a relevant picture in every slide pertaining to a case in his PowerPoint presentation, so that we can better remember the cases we have gone through In his PowerPoint presentations, there is also always a slide where he makes time for us to ask questions, and the picture on this slide would always be some cute picture of otters sleeping. So, we thought that for our final lecture with him it would be quite appropriate to gift Dr Brenner an otter plushie as a thank you gift

Other students participating in this gift were Charlotte Kent, Ryan Li, Rebecca Ju, Abigail Graham-Maw, Ashwini Somasundram, Lan Vo, and Anaanya Mathew

VICTIMLESS CRIMES: AN ABSURDITY OVERLOOKED?

Partha Kaul

In the United Kingdom, we pride ourselves on living in a society that values justice and fairness. However,

as the sun sets on another day in the UK, individuals engage in a variety of activities that society deems "illegal." But upon closer examination, it becomes clear that these so-called crimes have no victims - no one is being harmed or wronged. The continued criminalisation of victimless crimes calls into question just how committed we truly are to these principles.

The concept of a victimless crime is a simple one: it is an act that is deemed illegaly et does not harm or affect anyone other than the individual or the property of the individual committing the act. These crimes range from drug possession to prostitution to gambling, and their continued criminalisation not only violates our fundamental rights and freedoms, but also drains valuable resources from our criminal justice system. It is time for the UK to confront this absurdity, acknowledge where the criminal law has overstepped, and work towards the decriminalisation of victimless crimes.

The Pragmatism

One of the main arguments for decriminalisation is the harm caused by the criminal justice system itself The criminalisation of certain behaviours often leads to the stigmatisation of those who engage in them, leading to further harm and discrimination This is particularly evident in the case of drug use, where individuals who struggle with addiction may be criminalised and punished rather than receiving the necessary support and treatment As Professor Neil McKeganey of the University of Glasgow states, "Criminalising drug users does not help them to overcome their addiction Instead, it drives them further underground and away from the treatment and support they need "

Furthermore, the current legislation often leads to overcriminalisation, particularly among disadvantaged communities. The War on Drugs, for example, has disproportionately targeted and impacted poorer communities, especially those of colour. This leads to mass incarceration in these communities, pulling them into a cycle of poverty and racial stigmatisation that the government then purports to seek a cure for.

In the UK, people of colour are six times more likely to be stopped and searched for drugs compared to white people, despite similar rates of drug use A report by the Transform Drug Policy Foundation found that people living in the most deprived areas in England and Wales were almost four times more likely to be convicted for drug offences than those living in the least deprived areas This unequal treatment only serves to perpetuate the cycle of poverty and social exclusion, as criminal records can make it difficult for people to find employment and housing The criminalisation of victimless crimes keeps people in disadvantaged communities caught in a cycle of poverty , a fact which politicians continue to ignore when discussing real solutions for the growing class divide in the UK Decriminalisation would allow for a shift towards more effective and evidence-based approaches, such as harm reduction and treatment programs, rather than relying on the ineffective and damaging approach of criminalisation

In addition to violating our rights and disproportionately impacting marginalised communities, the criminalisation of victimless crimes also places a significant burden on the criminal justice system and the public purse. The UK spends billions of pounds each year on the enforcement, prosecution, and incarceration of individuals for victimless crimes, yet these efforts have done little to address the underlying issues or reduce the prevalence of these behaviours With the UK spending an estimated £13 billion per year on drug law enforcement, this money could instead be redirected towards more effective and compassionate approaches, such as treatment and support programs In addition, legalising and regulating certain victimless crimes, such as sex work and drug use, could also generate significant revenue through taxation For example, the legalisation of cannabis in some US states has resulted in millions of dollars in tax revenue, which has been used for education and public health programs

As Dr Evan Wood, founder of the International Centre for Science in Drug Policy, states, "Decriminalisation is not only the most effective and humane approach to substance use, but it is also the most cost-effective". It is time for the UK to move towards a more economically sound approach that recognises the inherent dignity and autonomy of all individuals, regardless of their personal behaviour.

The Principle

Beyond the tangible benefits, there is a fundamental principle at stake - the right to personal autonomy and freedom. As philosopher John Stuart Mill wrote in his essay ‘On Liberty’ , "Over himself, over his own body and mind, the individual is sovereign." This principle extends to consensual activities that do not harm others. From Hegel to Kant, this bedrock principle of individual sovereignty has been held to be inviolable, with the state having a moral obligation to respect and protect it. Reflectively, this principle has been codified within the Human Rights Act 1998, which guarantees the right to privacy and the right to personal autonomy. Inherent in these rights, is the freedom to make personal choices and decisions without interference from the state. By criminalising victimless crimes, the government can intrude upon the private lives of its citizens and criminalise their personal choices and behaviours, creating a legal absurdity as the HRA 1998 cannot be impliedly repealed.

The rationale of victimless crimes in the UK relies heavily on the belief that politicians in Parliament, and increasingly, the judiciary, are more knowledgeable and qualified to make decisions about what individuals should do with their bodies than the people themselves It is a crossbench, elitist grab for power veiled behind a public policy argument that falls apart when weighing the practical consequences Typically, politicians have created an even bigger problem in the pursuit of solving one Given the consequences of their actions, Parliament’ s refusal to take responsibility amounts to wilful blindness at the very least, and malevolence at worst

International Precedent

Should a Parliament capable of retrospective analysis find its way into Westminster, there do exist tested routes by which it can address this absurdity One potential model for decriminalisation is the Portuguese approach In 2001, Portugal became the first country in the world to fully decriminalise drug possession and use, treating it instead as a public health issue Rather than punishing individuals for drug use, the Portuguese system focuses on providing access to harm reduction and rehabilitation services, such as opioid substitution therapy and counselling The results of this approach have been overwhelmingly positive, with significant reductions in drug-related deaths, HIV infections, and incarceration rates, as well as improvements in social indicators such as employment and education

Another example of the successful decriminalisation of victimless crimes is the Netherlands, where possession and use of small amounts of drugs, as well as the operation of small-scale cannabis cafes, is tolerated by the government.

While drugs are technically illegal in the Netherlands, the country has adopted a policy of "gedogen," which allows for the tolerant enforcement of certain laws to prevent more harm from occurring. This approach has resulted in the Netherlands having some of the lowest rates of drugrelated harm in Europe, including overdose deaths, HIV infections, and drug-related crime. Similarly, in countries where sex work has been decriminalised, such as New Zealand, sex workers have reported increased safety and better working conditions.

The Necessary Steps

The UK would have to amendcertain legislation if victimless crimes were to be decriminalised. The Misuse of Drugs Act 1971 and the Sexual Offences Act 2003 are two examples of legislation that criminalise victimless crimes, such as drug possession and prostitution, respectively. Decriminalising these behaviours would require a reconsideration and amendment of these acts, as well as a revaluation of countless cases in which individuals have been punished for victimless crimes.

UK Precendent

However, this process of decriminalisation is not without precedent. In 2003, the UK reformed its laws on homosexuality, repealing the Sexual Offences Act 1967 and apologising for the past persecution of LGBTQ+ individuals. This process not only recognised the harm caused by past discrimination, but also paved the way for greater equality and justice for LGBTQ+ individuals in the UK. Similarly, the decriminalisation of victimless crimes presents an opportunity for the UK to recognise the harm caused by its criminal law, and to work towards a more just and fair society.

Conclusion

A world where individuals are not criminalised for personal habits and lifestyle choices that do not harm others is not some utopian dream - it is a logical, fair, and effective approach to law and order It will not be easy, and it will require a willingness by both UK citizens and Parliamentarians to challenge long-held beliefs and biases But the rewards - improved public health, increased personal freedom, and a more just society - are well worth the effort

The Art of Law: from Kitchen Utensils to White Boxes

JamesHall

Very little needs to be said about the economic value of the art

market. From a glance at the fact that the value of 2021’s art transactions totalled $65 billion, and that it can generate individual wealth up to Damien Hirst’s net worth of $384 million, art’s financial significance is clear However, if art is to be respected as a social commodity, capable of beauty, education, and intellectual advancement, then a balance must be sought between protecting its value to the human psyche and accepting its importance as a financial asset While the former is concerned with normative questions about the purpose of art, the latter may involve a tendency to strip art of this quality and render it a mere commodity. By analysing legal and art history, this article will seek to reconcile these two approaches through the creation of a legal test that affords art a privileged status for both financial and social reasons

Art as a Privileged Asset

The story must begin with the most infamous case of the law’s approach to art In many countries, art is exempt from certain import duties However, sculptor Constantin Brâncuşi’s work Bird in Space was not granted such a benefit in the US, as it was deemed by trade authorities not to be art, but rather, a kitchen utensil.

An appellate judge later ruled that it was art after all due to its 'beautiful' character, but the confusion this caused surely begs further questions: Should art be treated as a privileged asset? Why so? If it is a privileged asset, are judges best placed to decide what art is? There are two main approaches that courts could take - one from the world of law, and the other from the world of art.

The Legal Approach

The first potential approach derives from the UK Supreme Court in Lucasfilm v Ainsworth, which also appears to be the approach hinted at by the American judge in Brâncuşi’s case This idea asserts that it is the purpose of a piece that makes it art, in that something designed to be art is art, and something designed to be something else is not This approach appears to accommodate successfully an economic approach to art, valuing the intentions of the creator as a part-salesperson seeking to exploit the economic benefits of their creativity by benefitting from tax privileges From the side of the buyer, too, it values art as an economic asset, by keeping prices reasonable and ensuring that the market is not flooded by low-effort, parody art. Therefore, the Lucasfilm approach ostensibly protects art as an economic asset for both trading parties

It then falls to be analysed whether such an approach succeeds in equally prizing art as a social asset, affording it legal benefits by virtue of its role as a creative tool Again, the world of art fuels this debate, this time in the instance of the revolutionary Marcel Duchamp.

This artwork, no matter how farcical it might seem, had an undoubtedly great benefit for the art world and the intellectual development it has triggered since it was first displayed

However, this sculpture was not designed to be art – it was designed to be a urinal. For the mass-production ceramic works that made it, art was probably the last thing for which it was designed Fountain would therefore fail to pass the Lucasfilm test, and it thus seems unfair that the law would not value such artwork as being worthy of special status, especially given the importance it has to artistic development. Therefore, it appears that it can be proved by counterexample that the Lucasfilm approach to identifying art fails to confer benefits on artwork that deserve them purely by virtue of being artwork

An appellate judge later ruled that it was art after all due to its 'beautiful' character, but the confusion this caused surely begs further questions: Should art be treated as a privileged asset? Why so?

Proudly proclaiming that anything could be art, Duchamp cultivated the idea of “found objects”, an idea which culminated in him displaying a commercially produced urinal in a gallery, labelled as his Fountain. Duchamp’s idea - that anything could be art - was revolutionary, and was arguably the basis for all art since, including Bird in Space

Artist Peter Friedman argues, this test is perhaps a good idea for legal and economic certainty, but it defeats the point of art itself. This article argues beyond Freidman, suggesting that the test fails to even create so much as legal certainty The original Fountain was destroyed, and around 20 replicas now exist in galleries throughout the world It is therefore unclear, if the Lucasfilm test can be read in a way to encompass art like Fountain, whether a plumbing trader would be able to pass off their stock of 20 urinals as art, and thus receive tax exemption

Furthermore, Lucasfilm raises questions of when art ceases to be art. Francisco Goya’s etchings 'The Disasters of War' are clearly, in the traditional sense, art, but when the Chapman Brothers bought and vandalised the paintings with magazine cut-outs for the purpose of pure shock and chaos, it is unclear whether the Lucasfilm test would afford the new pieces the privileged status of being art, or rather see them as the destruction of art Even if the purpose of the test is purely economic, it is debatable whether the law ought to incentivise the vandalising of classic masterpieces Therefore, it appears that any way of construing the Lucasfilm test will either lead to the failure to recognise inherent benefits of art, or it will create confusion

It is economically important not to allow the art market to be diluted by such pieces, but to encourage the development of art it is necessary to recognise the status of aspiring artists, which can easily be taken legally to follow the term’s standard English meaning This qualification helps to respect the originality of art that may otherwise be commonplace. Much of German-British photographer Wolfgang Tillmans’ work is characterised by a hurried informality, such as in Regina, and while this may resemble amateur photography, its status as the product of an artist who introduces new aesthetics into the art world ensures that it is legally afforded artistic, as well as economic, value.

Observing this from the opposite angle, this limb of the test equally ensures that only art created with a certain level of technical or conceptual skill is worthy of being traded This test maintains a broad but critical view of what should, for legal, social, and economic purposes, be classed as art

Finally, this test also recognises art that may be beneficial in a social context, but not economic, and vice versa Applying the three limbs of this test to Rachel Whiteread’s Embankment installation at the Tate Modern recognises its status as art that children can participate in with great enjoyment, but which would never be a feasible object for trade

The Artistic Approach

Since the legal approach is unsatisfactory, art history must be consulted to define art Duchamp's idea that anything can be art is clearly too broad, so it seems better to argue that a modified version of criteria proposed by artist Grayson Perry is the most appropriate.

Firstly, it must be asked whether the piece exists in a gallery or art context This eliminates silly examples, such as the plumber with their own urinals, and protects the sanctity of the gallery as a space for appreciating and viewing art, which is essential to both an economic and social understanding of pieces.

Secondly, it must be determined whether the piece in question was made, or given significance, by an artist who is, or is seeking to become, professional This ensures that only pieces of importance and talent are afforded legal privilege, and discourages elevated status for everyday objects made by ordinary people

This article rejects what Perry refers to as the “rubbish-dump test”: would a passer-by recognise a piece as art if it was on top of a rubbish dump? This has the problem of already excluding influential pieces like Duchamp’s Fountain, and faces practical difficulties as an analogy for media like video and sound art Furthermore, it is unnecessary in the face of a modified version of the final of Perry’s categories, which is that a piece would be art if it could reasonably be expected (with reference to past art) to generate public interest

This is perhaps the most essential part of the test in reconciling the social and economic ends of art, as it tethers the two together legally to reflect their theoretical link Art worthy of being traded is accepted only as that which is meritorious enough to promote the social functions of art

The proposed legal test would also recognise the financial value of an individual piece of a Gilbert & George photomontage set, such as Death, which has little value to public thought as a standalone piece, but when combined with Hope, Life, and Fear, has immense significance

Concluding Thoughts

The current legal approach to defining art is deficient when applied to real art and towards the inherent social value of art that must be respected The confusion this test creates can be replaced with a three-limb one borrowed (but adapted) from commentary on art, rather than law. Such an approach succeeds not only in creating a system where the economic and social benefits of art are mutually recognised, but where the two are tethered together, reflecting the conceptual status art has as a valuable commodity for traders and laypeople alike

Image References

Learn Poker to Succeed in the Legal Industry

Alden Teoh

Former MD and head of financial market research at AQR Capital Management Aaron Brown recently released an opinion piece titled “Want to Succeed on Wall Street? Learn Poker, Not Economics” in Bloomburg.

among the student group, it was found that neither intelligence nor other personality traits mattered much for the professionals

This calls to mind the folk wisdom found in poker, which is that “beginners think about their cards. With a little experience, they start thinking of the other guy’s cards. Poker begins when you think about what the other guy thinks about your cards ” The Fed paper suggests that professional traders are playing poker, while the students are playing games like chess, backgammon or blackjack that depend on intelligence rather than guessing what other people are thinking

AARON BROWN

So, what does this IB nonsense have to do with becoming a successful lawyer? Well, Stroock & Stroock & Lavan LLP Partner, Laura Besvinick explains the lessons lawyers can learn from poker players in an article for The Corporate Counsellor The article reads:

I came to learn about the piece after a friend had shared it with me, followed by the caption “at least you’re not losing money for nothing �� ” . Despite feeling extra sore following a 600 quid 8 hour losing session the night before, I smiled and opened the article

As a law student who pays his living expenses through playing poker, what I found inside was excitingly relatable: Brown detailed how a Federal Reserve study involving researchers from our very own UCL failed to find a direct correlation between personality traits, cognitive skills, or general intelligence with being a professional investor

“Success,” he wrote, “did not depend on any fundamental insight about value. What mattered was strategic sophistication in the sense of taking analysis of other people’s behaviour to high levels ”

The study saw a group of 56 professional traders and 56 students as control subjects, evaluated for their performance in a computer simulated trading game. After gathering the results, the subjects were tested on a range of specific skills and traits to see which data points were correlated with success While general intelligence was a decent predictor of success

Litigation is often compared to chess. The image is evoked of a lawyer strategically developing evidence and making arguments the same way a chess player moves and sacrifices pieces on a chessboard, to defeat an opponent. But ask any trial lawyer, and he or she will tell you that litigation is nothing like chess. In chess, both players have the same pieces and start from the same squares on the board — in effect, their cases are equally strong. Moreover, in chess, both players have an unobstructed view of the board; in other words, they both possess full knowledge of the facts. In litigation, neither of these fundamental premises is true.

The better analogy and, more importantly, the better place to turn for useful practice pointers, is poker. In poker, each player starts with the cards as they are dealt; a hand may be good or bad, depending on the luck of the draw. Likewise, in litigation, the lawyer is presented with his client’s case, whatever its strengths or weaknesses may be. Almost by definition, the two sides in litigation will not be equally matched at the outset as occurs in chess. In poker, each player’s knowledge is limited; she can see her cards, and any common cards, but not the cards of her opponent. So, too, in litigation, the lawyer’s knowledge is limited to what he can learn from his client or through discovery; he does not know privileged information known only to his adversary. As a result, lawyers, like poker players, in order to win, must constantly make the best decisions they can base on imperfect information.

So what do winning poker players know that you don’t? (Notice I said “winning poker players” — that is because there are “winning poker players” just like there are winning lawyers, and it is not because they are always dealt better cards or superior cases; it is because they are better at what they do.)

Reading both Aaron Brown and Laura Besvinick, we may infer the importance of developing the skills necessary for the able undertaking of strategic risk taking facing imperfect information for both investment bankers and lawyers; where investment banking involves the taking of strategic risk to maximise returns at minimal risk for a fund or portfolio, litigation (though I would argue that this argument extends also to lawyering in general), involves the strategic mitigation of risk on a client’s behalf to advance one’s case facing an uneven playing field (variance), and imperfect information (not always knowing the full details of your client’s case)

Some of the most senior leaders in the professional services industry teach their kids poker at 5, 6, 7 years old. It’s a constructive, strategic game.

JENNY JUST, CO-FOUNDER OF PEAK6

But the benefits of learning poker as a law student go beyond just gaining a few transferrable skills The money is great, obviously, if you’re a winning player. Personally speaking, I’ve earned a fair few Tesco meal deals in my past 4 months of live play in London’s casino scene, and at home games with other students (One of my favourite habits at the poker table is to announce a raise not by its value GBP, but rather by how many Tesco meal deals I’m about to lose)

All in. 100 Tesco Meal Deals. 300 'quiddies' to call. Oops - I meant 88 Meal Deals. Inflation Sucks.

ALDEN TEOH

There lies another hidden benefit not many people realise, and too few people take advantage of: the networking opportunities behind sitting down with people wealthy and successful enough to able to afford the risk of losing thousands of pounds on a given night

I’ve met all sorts of interesting people at the poker table: legaltech startup founders, bulge bracket bankers, City lawyers, Michelin star chefs, entrepreneurs of every kind, crypto millionaires, a Mainland Chinese student from the LSE wearing a £170,000 watch, and senior political consultants And those are just the people I have spoken to and befriended. One particularly memorable experience was the time I met a senior lobbyist for Asda, who provided a uniquely personal insight into the £6 8 billion acquisition of Asda by the Issa Brothers and TDR Capital with Slaughter and May advising, an acquisition which I had recently researched for a firstyear scheme application to that firm

“It was the most “fucks” I’d ever heard in my life,” said John the lobbyist (whose name I have falsified), describing the reading of an antitrust report by Asda’s

C-suite back when they were entertaining overtures for a merger with Sainsburys, early on before the Issa Brothers stepped in “There was probably at least a fuck a page, and that was a fat, fat report. By 2am, I’d run out of fucks to give.”

John also shared his insight regarding how he had placed his bets on the Issa merger’s success: “There was no way Labour were going to say no to these selfmade minority businessmen who’d pumped millions of pounds into charity. It wouldn’t have been good for optics.” His insight certainly helped me in developing a more refined awareness of commercial activity in London

And if all these benefits are not enough to convince you to learn poker, then I have one last thing to add: some of the most attractive people I have ever seen are poker players - do what you will with that information

WHEN CONTRACT LAW FAILS

Paul Julian Holler

Market mechanisms are central to ‘economic decisions’ (Arrow, 012, p 1)

This article will demonstrate that dysfunctional markets and weak institutional protection lead to a breakdown of contract law

Analysing the aforementioned type of concept closer, one element seems to be ubiquitous: the contract. Possibly, contracting could be seen as a manifestation of economic activity So, what are contracts? Generally speaking they resemble a ‘meeting of the minds’ between two or more parties trying to handle the arising uncertainty of a transaction with possible implications for third parties. Contract law arguably finds its moral basis in the so-called ‘promise principle’. By formulating a promise in a free and deliberate manner, we transform a former morally neutral choice into a compelled one, thereby, avoiding dead-weight losses and fulfilling the main objective of every contractual obligation: the provision of assurances To guarantee that the formulated promise is actually legally binding, the parties must act in good faith as established, for example, by the Uniform Commercial Code, and fulfil an extensive number of further basic requirements (Fried, 2015).

It follows, a contract which establishes the legal obligations for the interacting individuals is no easy feat and usually requires a certain amount of trust, apart from the ‘minimal conditions of social peace, stability, and concern needed to ratify individual transactions’ (Fried, 2015, p 110)

Henceforth, it seems logical

why

Arrow in his book The Limits of Organisations (Arrow, 1974)

described trust as a lubricant for our communities and why Rotter (1970, p 443) voiced that ‘almost all our decisions involve trusting someone else ’

Human behaviour is fundamentally influenced by institutions, social and cultural norms (Shove, 2010) Moreover, ‘the construct of trust can be viewed in terms of economic preferences, social norms, personality traits, group processes, or expectations’ (Evans & Krueger, 2009, p 1014) We can say that trust is ‘a psychological state comprising the intention to accept vulnerability based upon the positive expectations of the intentions or behaviour of another’ (Rousseau et al , 1998, p 395) (Carlin & Love, 2017) No matter the definition, we have to be clear about the wide-ranging importance of trust – which in itself implies honesty – for economic development (Fukuyama, 1995) (Arrow, 1972), economic welfare (Kerschbamer et al , 2016), life satisfaction (Boarini et al , 2012) and contracts besides many more

Because standard economic theory predicts that people are mainly selfinterest driven we need some sort of enforcement and protection system which serves the purpose of guaranteeing trust. The prerequisite for such a mechanism might not even have arisen if not for the introduction of money into the equation which moves our behaviour away from social towards market norms (Ariely, 2010) (Gneezy & Rustichini, 2000) Theory predicts, that individuals will be incentivized to make use of malicious tactics to maximise their own benefit (Thaler & Sunstein, 2021)

This self-interest driven behaviour is problematic for a society (Smith, 2018). This explains why people agree to trade personal freedom for regulation

Accepting the limitation that “protective actions, whether by individuals or governments, are usually designed to be adequate to the worst disaster actually experienced” (Kahneman, 2012, p 137), we do have to acknowledge that all this is of less concern in developed countries with functional legislative and judicial branches than in developing nations where not all micro- and macroeconomic outcomes can be achieved due to a lack of trust (Karlan, 2005)

I believe that the absence of trust is, to an extent, founded on the insufficiency of government. While in developed countries parties can mostly rely on tjudicial institutions to protect and guide them, there is way less security in developing countries For instance, in pastoral communities one must put his trust in his own family as a last resort of defense (J -J Rousseau, 1998).

Various theories exist about the origin of differences between regions, leading far-reaching consequences for contracting parties Acemoglu and Robinson (2013) first discuss common theories before proposing another explanation. Firstly, supporters of the geography hypothesis, such as Montesquieu, argue that the backwardness of certain nations is to be explained by their climate which induces people to be less productive. Secondly, the culture hypothesis, favoured by Max Weber (1930), states that modern nations have their roots in the Protestant ethic

Finally, another frequently used argument is the so-called ignorance hypothesis which claims that the underdevelopment and the current problems of some nations are to be traced back to the ignorance towards development and unknowingness of the ruling class. All three have some explanatory value, but do not correctly pinpoint the root of the problem. Acemoglu and Robinson (2013) think that the root causes are a nation’s institutions.

In order for a society to function correctly they propose that the right interaction between inclusive economic and political institutions is fundamental. In exchange, these create the right incentives for creative destruction, a term coined by the economist Schumpeter, which is essential for a prospering nation. During critical junctures countries tend to move towards or away from inclusive institutions and it seems that history has a grave impact on how far institutionally advanced countries are and if a virtuous circle can even be entered in. Colonialism and European interference in many African, Asian and South American countries has resulted in these nations struggling to achieve a standard of social order which is standard in many western countries. Hence, the existing instability in some parts of the world can be explained by the existence of extractive institutions created after the ‘wrong turn’ has been taken at a critical juncture. Many of these ‘wrong turns’ have been provoked by the detrimental influence of European engagement in those regions and now cause many western individuals (and locals) to suffer the effects of insufficient institutional protection when negotiating in these countries.

To conclude, contract law fails where nations and their instructions cannot be relied upon to protect the contracting parties’ trust. Those, in return, must look elsewhere for assurance, resulting in a depletion of legitimate economic activity.

Bibliography

Acemoglu, D , & Robinson, J A (2013) Why Nations Fail - The Origins of Power, Prosperity and Poverty PROFILE BOOKS LTD

Ariely, D (2010) Predictably Irrational - The Hidden Forces That Shape Our Decisions HarperCollinsPublishers

Arrow, K J (1972) Gifts and Exchanges Philosophy & Public Affairs, 1(4), 343–362

Arrow, K J (1974) The Limits of Organization Norton & Company Inc

Arrow, K. J. (2012). Social Choice and Individual Values (3rd ed.). Yale University Press.

Boarini, R , Comola, M , Smith, C , Manchin, R , & de Keulenaer, F (2012) What makes for a better life? The determinants of subjective well-being in OECD countries: Evidence from the Gallup World Poll OECD STATISTICS WORKING PAPER SERIES, 3

Carlin, R E , & Love, G J (2017) Measures of Interpersonal Trust: Evidence on their Cross-National Validity and Reliability based on Surveys and Experimental Data OECD STATISTICS WORKING PAPER SERIES, 86, 1–21

Evans, A M , & Krueger, J I (2009) The Psychology ( and Economics ) of Trust Social and Personality Psychology Compass, 6, 1003–1017

Fried, C (2015) Contract as Promise - A Theory of Contractual Obligation (2nd ed ) Oxford University Press, Inc

Fukuyama, F (1995) Trust: The Social Virtues and the Creation of Prosperity Free Press

Gneezy, U , & Rustichini, A (2000) A Fine is a Price. The Journal of Legal Studies, 29(1), 1–17.

Kahneman, D. (2012). Thinking, Fast and Slow Penguin Books

Karlan, D S (2005) Using Experimental Economics to Measure Social Capital and Predict Financial Decisions The American Economic Review, 95(5), 1688–1699

Kerschbamer, R , Neururer, D , & Sutter, M (2016) Insurance coverage of customers induces dishonesty of sellers in markets for credence goods PNAS, 113(27), 7454–7458

https://doi org/10 1073/pnas 1518015113

Krugman, P R , Obstfled, M , & Melitz, M J (2016) Economía internacional (10th ed ) Pearson Educación S A

Leamer, E E (1995) THE HECKSCHEROHLIN MODEL IN THEORY AND PRACTICE In Princton Studies in International Finance (Issue 77) International Finance Section

Rotter, J B (1970) Generalized expectancies for interpersonal trust American Psychologist, 26, 443–452

Rousseau, D. M., Sitkin, S. B., Burt, R. S., & Camerer, C. (1998). Not so different after all: A cross-discipline view of trust. Academy of Management Review, 23, 393–404.

Rousseau, J -J (1998) The Social Contract Wordsworth Editions Limited

Shove, E (2010) Beyond the ABC: climate change policy and theories of social change Environment and Planning A, 42(6), 1273–1285

Smith, A (2018) The Theory of Moral Sentiments Digireads com Publishing

Thaler, R H , & Sunstein, C R (2021) Nudge (The Final) Penguin Books

Vester, F (1991) Leitmotiv vernetztes Denken - Für einen besseren Umgang mit der Welt (2nd ed ) Wilhelm Heyne Verlag GmbH & Co Kg, München

Weber, M (1930) The Protestant Ethic and the “Spirit” of Capitalism Scribner’s

Legally Sound Legally Sound

We've compiled a list of the top tunes enjoyed by UCL Laws Students this Winter All submitted songs and albums have been added to a master playlist that you can enjoy - just scan the QR code.

A word from the Editor

Hello and welcome (again) to this publication.

Legally Sound is a passion-project I started this year - my ' swan song ' - if you will. It is an extension of my university radio ' career ' and an ode to the 114 public playlists on my Spotify (which have resulted in my being labelled a 'serial playlist maker' by my closest friends).

Thank you to everyone who has contributed to Legally Sound, including those of you who did not willingly fill in the Microsoft Form (I can be incredibly persuasive & hard to resist) If you did not manage to send in your top tunes for this edition, fear not! - Legally Sound will continue in the Spring edition of the Silk v Brief and I will make sure to hound more of you in the Hub.

Truthfully, I was surprised by some of the responses! I think you can learn a lot about a person from the music they listen to. For example, if the same person recommends four songs by the Smiths, Phoebe Bridgers' 'Saviour Complex', and Neutral Milk Hotel, then you know to reach out and ask about their mental health Kidding, kidding - the responses were great, varied, and only minimally concerning

All that's left is for you to enjoy the playlist, circulate it amongst your friends, and add more songs.

Yours faithfully Haya

'Legally Sound' tunes include...

Beyond just songs, though, UCL Laws students thought these things were also 'Legally Sound' PODCASTS CONCERTS ARTISTS, Albums, and Songs

The Magnus Archives

Saving Grace

Dissect

Andrew Shultz's Flagrant

w/ Akaash Singh

Theo Von Episodes on the Joe Rogan Podcast

Tom Ferriss Show

The EyetoEye Podcast

Kendrick Lamar's 'The Big Steppers' Tour

The Bug w/ Flowdan, Manga

St. Hilare, & Logan @ Fabric

Bombay Bicycle Club @

Cambridge Junction

Dutch Criminal Records @ The Water Rats

Clairo @ O2 Academy Brixton

Faye Webster w/ MICHELLE @ Pitchfork Music Festival

Wet Leg - Wet Leg

Jagged Little Pill - Alanis Morissette

MS. MURAL - Lupe Fiasco

The Car - Arctic Monkeys

The House is Burning - Isaiah Rashad

Love's Train - Bruno Mars

SAULT

Jamilah Barry

Big Black Car - Gregory Alan Isakov

Topanga Canyon - John Vincent III

The Man with the Axe - Lorde

BLOOMSBURY'S BEST BOOZERS

In the UK, pubs are a way of life. They form an important part of the community fabric by providing a relaxed, sociable space to enjoy alcoholic drinks (in moderation). Here at UCL, we are blessed with a fine selection of local watering holes. Here is Silk v Brief editor John Milne’s official guide to some of Bloomsbury’s best boozers.

THE COURT

Conveniently located on the corner of Tottenham Court Road and Maple Street, The Court is a revered UCL institution

Not too pretentious, but still cosy and welcoming, The Court consistently provides a lively student atmosphere across its two floors and heated outdoor seating area It has a wide range of drinks, serves reasonably priced pub grub, and shows sports on large screens across the pub. It even offers a student discount. What more could you want?

THE LORD JOHN RUSSELL

For those seeking a more authentic pub experience, The Lord John Russell presents an attractive alternative. The Court’s demographic is admittedly a little student heavy however The LJR is a real local’s pub with a community feel. It doesn’t offer a student discount, but prices are reasonable for central London, a feat made more impressive by the fact the LJR is family owned and run In fact, it is the only independent pub in this list, and for that reason alone is probably worth a visit. It also has an exclusive Guinness themed booth in its smoking area. Classy.

THE MARQUIS CORNWALLIS

Come to The Marquis Cornwallis for an upmarket wining and dining experience and stay for its handsome bartenders. Admittedly, I may be a little biased as I literally work there. However, The Marquis Cornwallis undoubtedly has the best quality food and widest selection of drinks available out of any pub on this list, making it a worthwhile investment. In any case, The Marquis makes the list purely for the fact it has more UCL Law students working behind the bar than actually drinking there.

THE HUNTLEY

The UCL Student Union runs several reputable drinking establishments such as Phineas and The Institute. Sadly however, they must be omitted from this list as, in truth, they can’t really be classified as pubs and deserve their own list in a future edition of Silk v Brief. Thankfully, we have The Huntley, UCL Student Union’s take on the traditional British pub. Nestled away in a basement just opposite Euston Square Station, The Huntley provides a cosy place to enjoy a pint after a long day of studying.

THE ROCKET

Rounding off our list is The Rocket on Euston Road Drinks: yes Prices: fair Carpet: sticky. Sometimes that’s all you really need in a pub.

Wepickedseashellsbytheseashore. Itwasn’tquitetheseashore,becauseIdoubtourparentswouldhaveletusgetthatclose; Partlybecausemyparentshadproducedthreechildrenandzeroswimmers, Butalsoduetoapatrioticfearofmarinespirits. Ishouldprobablyalsochangethatpronoun. BecauseIdon’tthinkIwasbornyet. Perhapsstillinmymother’sstomach, OrintheChristianlimbobetweenexistenceandbirth, Ormaybejusttooyoungtorememberthetrip.

Theypickedseashellsbytheseashore Buttheyareallbrokennow. Ican’theartheoceanfromthemanymore. IrememberthejoywithwhichIfirstdiscovered Thattheselittletokenshousedthesoundsoftheirhome. Thenadolescencecame,andwithit,theknowledgethatitwasatrickofphysics.

Theyareallbrokennow, Andtheycannotbereplaced, BecauseBarBeachisnowEkoAtlantic.

Theseashoreorratherthesimplestallsofsuyasellerswheremyfamilywouldstay(IwastoldfromanearlyagethatAfricansdidn’ttan,weatesuyaintheshade) Aquietvoiceeventhen,added“Becauseyou’realreadydarkenough.”

Butthatvoiceisnotquiteascourteousanymore Itbecomesmoredemandingastimepasses.

Theseashore,asIwassaying,hadbecomeaclusterofelaboratehigh-risebuildings WhichNigeriansarereluctanttobuy Partlyduetotheridiculouslyhighprices, Butalsoduetoapatrioticfearofmarinespirits.

Theseashells,thatwasthetopicofthismonologue,notsuyastalls Orskin Orsillyhigh-risebuildingsthatdon’tsell.

Theseashellbountiesfromthetripusedtobeinaplaceofhonourintheparlourdownstairs KeepingDaddycompanywhilehesmokedintheblackeasychair. Daddydoesn’tsmokeanymore,andthatchairhadtobethrownaway.

Theshellshavenowbeenrelegatedupstairs Chuckedinabowlwithacacophonyofkeysandcandiesandcrumpledupreceipts.

Wepickeduptheseseashells Treasuresfromtheseashore. Butiftreasuresarenolongertreasured Anditstrovehasgonefromgoldensandtoconcrete Allthat’sleftiswe,thetreasurehunters, Whathappenstous?

GLOSSARY

Suya-grilledmeat(mostcommonlybeef)coatedinauniquemixofspices

BarBeach-apopularbeachinNigeria,thelandwasreclaimedandtheoceanpushedbacktobuildEkoAtlantic

Photo by Gabriel de Chaisemartin

Acknowledgements

The Team

Publications Officer Silk v Brief Editorial Assistants

Haya Al-Amin

Dr Megan Donaldson

Baran Aksoy

James Hall

Eva Kloppenborg

Nnenna Ugochukwu

Rory Benton

Maria Valentina Bezzi

Shaun Feakins

John Milne

Creative Editor

Nandini Pradeep

Dr Mark Dsouza

Daniel Chee

Paul Julian Holler

Linus Schwenkenberg

The Contributors Get in Touch

Lynne Townley

Alexander Cleavewood Ng

Partha Kaul

Alden Teoh

If you want to ask a question, contribute to the next issue, or share your thoughts on anything publications-related, please write to the Publications Officer: haya.al-amin.20@ucl.ac.uk

For queries regarding the wider UCL Law Society, please see our website and Instagram account: https://ucllawsoc.com/

@ucllawsoc

The Serle Court Chambers Essay Prize

The UCL Law Society Publications Team is proud and grateful to have Serle Court Chambers as the 2023 sponsor for the new Silk v Brief Essay Prize.

The Serle Court Chambers Essay Prize is a £200 reward for an outstanding and insightful written contribution to either edition of the Silk v Brief.