bluuebunny/crossref_metadata_2025 huggingface dataset:
Soft and hard measures in optimising wellbeing through procurement, commissioning and partnering
Authors: Cook Mark , Smith Richard
Published: September 2023

This chapter addresses:
• how a full understanding of social value can unlock better
value and meet actual need in public services;
• how creating partnering and collaborative relationships can help to meet the well-being of communities – and why a good governance framework is essential to each of the participants in any such relationship but also to the vehicle for that relationship itself;
• what can be done to move from a binary commissioning contracting framework that yields a decreasing cycle of outcomes to a multistakeholder approach that negotiates an upward rachet of benefits generated through collaboration.
These issues are explored with reference to future changes in the regulation of public procurement in the UK and the evolution of HM Treasury’s Green Book to recognise the importance of government policy changes to enable a complementary change in economic drivers.
When the politically impossible becomes the politically inevitable: has the moment arrived for the wholesale adoption of relationism?
Authors: Ball Nigel , Smith Richard
Published: September 2023

Enhancing the quality of relationships between people and organisations is increasingly favoured as a way to improve the delivery of public services and thus social outcomes. This often means focusing on trust, reputation and transparency. This chapter attempts to describe some of the emerging relational tools that leaders and practitioners working in different sectors have made use of, such as relational contracts, responsible business, network governance and citizen engagement. I go on to examine how widespread these practices might become, with reference to the prevailing political context in England and the wider UK. I argue that relationism is in accord with a growing intellectual movement in support of reversing ever-increasing administrative centralisation, but this is unlikely to happen while England’s political culture continues to incentivise central control.
Welfare That Works for Women?
Authors: Andersen Kate
Published: September 2023

The introduction of Universal Credit, a means-tested benefit for working-age people in the UK, constitutes radical welfare reform and entails a significant intensification and expansion of welfare conditionality. Numerically, women are disproportionately affected by the conditionality regime for main carers of children within Universal Credit. Under this new benefit, couples have to nominate as ‘lead carer’ the person in the household primarily responsible for the care of the dependent children. Lone parents are automatically designated as lead carer. The lead carer is subject to different levels of work-related requirements, depending on the age of the youngest child, and faces sanctions for noncompliance. To investigate how the conditionality within Universal Credit affects the valuing of unpaid care, women’s employment trajectories, women’s agency and ultimately women’s citizenship status, mothers subject to the conditionality within Universal Credit were interviewed.The findings demonstrate that the conditionality within Universal Credit further devalues unpaid care yet is of limited efficacy in improving sustained moves into adequately paid work. The conditionality also further constrains mothers’ agency regarding engagement in paid work and unpaid care. More broadly, the analysis demonstrates that the conditionality constitutes a significant shift in the UK’s social security system that exacerbates women’s marginalised position in the dominant gendered citizenship framework. This book ultimately calls for social security benefits to be designed and delivered in ways that enhance, rather than undermine, women’s citizenship status and practice.
The social security system and gender: unpaid care, paid work and agency
Authors: Andersen Kate
Published: September 2023

This chapter details gendered aspects of the 1940s welfare reforms and shows how demographics have changed considerably since these reforms were introduced. It also explains that there has also been a shift in the UK social security system’s treatment of women, with increasing expectations of undertaking paid work. Following this, the chapter explains how women’s ongoing disadvantaged position in the social security system is related to the dominant gendered concept of citizenship. It then discusses the difficulties in creating a more gender-inclusive citizenship framework that both promotes paid work and supports unpaid care. The chapter ends by explaining how policies that help develop a more gender-inclusive citizenship framework, with a specific focus on affording women agency, can be implemented.
Conclusion
Authors: Andersen Kate
Published: September 2023

This concluding chapter highlights the significance of the negative impacts of the conditionality within Universal Credit on women’s caring responsibilities, their employment trajectories and their agency. The chapter starts by summarising the key findings. It then discusses the implications of the conditionality within Universal Credit for women’s position in the dominant citizenship framework (including the particular implications for coupled women arising from joint claims). It also explains what creating a more gender-inclusive citizenship framework would entail and how social security policies can be implemented to help establish this. The chapter then outlines the arising policy recommendations for the Universal Credit conditionality regime specifically and reflects on how the emergence of the COVID-19 pandemic has added urgency to implementing the policy recommendations. The chapter concludes by articulating how the conditionality within Universal Credit furthers an androcentric concept of citizenship and highlighting the importance of seeking and incorporating the views of claimants when devising welfare reform.
Rural poverty in a pandemic: experiences of COVID-19
Authors: Shucksmith Mark , Glass Jayne , Chapman Polly , Atterton Jane
Published: September 2023

This chapter examines in greater depth the impacts of the COVID-19 pandemic and lockdowns on individuals experiencing financial hardship and vulnerability in rural areas, and the responses to those impacts. The impacts reinforce the importance of diversifying rural economies that rely heavily on tourism and hospitality, and of promoting ‘good work’ which offers a reasonable, secure income. The pandemic has also amplified the impacts of digital exclusion in rural areas and highlighted how voluntary and community organisations have been crucial in ensuring that hard-to-reach groups have access to financial and other support. However, many of these organisations face a challenging future with respect to their financial resources, particularly if council budgets are squeezed further, and in respect of their ability to generate income. This chapter concludes with lessons and opportunities for supporting rural individuals experiencing financial hardship now and post-pandemic.
The contemporary neoliberal academic context
Authors: Boncori Ilaria
Published: September 2023

Contemporary academic discourses are located within the neoliberal landscape. The particular juncture of time, space and status of academia today is generating or reinforcing competitive and masculine approaches to researching, which have made the need to rethink the way we inhabit academia even more urgent. It is important to consider this landscape, because when we write it is never in isolation, even when we do it on our own – we write against the backdrop of a specific system and its sociocultural, professional or financial implications. Within this context, this chapter provides an overview of the main characteristics of contemporary neoliberal academia and focuses on some key factors – for example, hyper-performativity and the need to perform and publish according to traditional masculine understandings of research and the overarching hegemony of masculine metrics. From this discussion will emerge why researching and writing differently can be considered and used as a tool for challenging the status quo, and why it is a particularly important project now.
Researching and writing differently as a political and feminist project
Authors: Boncori Ilaria
Published: September 2023

This second chapter focuses on researching and writing differently as a political and feminist project and as a key to unlock positive change. In order to do so, this chapter provides a brief overview of feminism, which will then be linked specifically to management and organization studies, and articulated via examples of different currents of feminist thought and literature. In particular, Black Feminism and Queer Feminism will be considered for their inclusive and political power in challenging the status quo.
Exploring key themes in writing differently
Authors: Boncori Ilaria
Published: September 2023

This chapter will explore some key themes that are often encountered in writing differently, with exemplars from the literature. First, the chapter will provide an outline of the dynamic between time and movement. In researching, reading and writing differently, time and movement are inextricably bound with emotions and embodiment, which are also investigated here. The final section provides considerations around vulnerability, risk and exposure in researching and writing differently, with reflection on different aspects of the meaning and importance of this type of writing from an individual and collective perspective.
It's Not Where You Live, It's How You Live
Authors: Bissett John
Published: September 2023

It’s Not Where You Live It’s How You Live is an ethnographic study of the lives of the residents of a public housing estate in Dublin. The phrase comes from the residents themselves, who used it on a number of occasions to assert that they were as good as anyone else. The book is a deep, complex and prolonged exploration of the lives of the working-class people of the Bridgetown Estate. The difficulty that residents face, however, is that their lives are shaped and conditioned by mechanisms and structures that place them in particular locations both in the social world and in the physical landscape. The study focuses on residents’ positioning and limitations within a changing field of public housing, the types of work that they do, how they make ends meet financially, how their lives are affected by austerity and longer-term changes in capitalism. In this book the emphasis is placed on the importance of class relations and processes and how they shape and mould lives and lock people into positions of subordination and suffering. There is also a strong focus on the importance of gender, especially for the women of the estate and the importance of solidary relations of love, care and solidarity for them. This book uses a critical realist theoretical framework to understand and make sense of how public housing estates are constituted in that, as well as what we see and what happens, we also need a causal criterion to understand them.
Means ends
Authors: Bissett John
Published: September 2023

This chapter continues the exploration into the lives of the group as they discuss and try to navigate day-to-day life with very limited means and resources available to them. Having little money focuses the mind, and here we see how much this is the case with the constant thought as to the cost and prices of everyday items, whether they be food or clothes or cigarettes. Life and consciousness are thoroughly permeated by ideas of price and cost, and people are implicitly thinking all the time as to how they will manage from day to day. Practices of borrowing and lending are integral to the functioning of life on the estate and function as systems of financial solidarity and support. Lives are circumscribed very tightly by the minimum of resources available to people, and they must creatively work out how to live under such conditions.
Fragile beings
Authors: Bissett John
Published: September 2023

This chapter explores the theme and issue of ‘dis-ability’ as it has arisen in the course of conversation and everyday life and how it affects members of the group, and what the term means for people as a concept and as something that is present corporeally in the mind and the body. There is ongoing debate between members of the group about being officially accepted or designated by the state as ‘disabled’. To be officially categorised as disabled gives some moderate benefits for things such as fuel and travel allowances, which are welcome, but the designation is rejected at another level by some of the group, who refuse to see themselves as disabled. The relations between body and mind, between physical capacities and the soft tissue of comprehension and understanding, are very much part of the conversation here. The chapter explores how these issues have developed over the course of a lifetime and are connected to people’s participation and experience in and with the institutions of the state. We learn how bodies and minds change and deteriorate over the course of a life and what this means to the people in the group.
Polygamy, Policy and Postcolonialism in English Marriage Law
Authors: Naqvi Zainab Batul
Published: September 2023

How does English law respond to polygamous marriages? How have these responses been formulated? And what are their effects on the women and communities that practise polygamy? This book tackles these questions by undertaking the first critical postcolonial feminist analysis of legal and judicial responses to polygamy in English marriage law. Tracing the presence of polygamy in the UK from ancient times to the present day, the book considers the religious and colonial legacies underpinning the law. It is argued that the legal framework around polygamy is rife with racist, sexist, imperialist and orientalist tropes that are geared towards one goal: preserving monogamy in England. Drawing from the first interview-based study with women in the UK on their experiences and attitudes around polygamy, it is shown that the objectionable tropes present in law are also visible in wider social and cultural views of polygamy. These restrictive views fail to reflect the wide spectrum of women’s lived experiences and opinions in this area. The book initiates a critical conversation on our understandings and definition of marriage in the law and beyond to emphasise the need for a nuanced approach that provides the space for people to celebrate and practise marriage in ways that work for them and their families.
Polygamy in England: Tracing Legal Developments
Authors: Naqvi Zainab Batul
Published: September 2023

This chapter starts to build a contextualised account of the law around polygamous marriage to uncover the forces that shape and frame the law and its effects on people in these marriages. The focus of this chapter is the law around polygamous marriages celebrated in England between individuals who are domiciled and/or living in England. The chapter adds to existing work on domestic polygamy by thinking through the wider contextual issues and dominant discourses in the law that need to be disrupted to better meet the needs of people in polygamous marriages. Stretching back to before European colonising processes, the presence of polygamous communities in ancient Britain are explored. Following this, the chapter is organised around a series of key legal moments in English matrimonial law, including the Bigamy Act 1604; the Clandestine Marriages Act 1753 and the Marriage Act 1836. It is argued that Anglican Christianity dominates English marriage law, which is intertwined with coloniality to make the law indifferent to polygamy. Thus, the law ignores marriage ceremonies and relationships that do not conform to Anglican Christian monogamous ideals.
History and Conflict of Laws in Overseas Polygamy
Authors: Naqvi Zainab Batul
Published: September 2023

In this chapter, English legal and judicial responses to overseas polygamy which are mostly regulated by conflict of laws are explored. Conflict of laws was developed because of colonial encounters and the desire to emphasise the difference and inferiority of non-European legal systems. This orientalist foundation governs responses to overseas marriages, so when the courts look at these relationships, they are not just assessing the law of the place the marriage took place in, but the culture. Current English law cannot be separated out from this context, because these colonial influences determine the way overseas legal and cultural systems along with overseas polygamous marriage are assessed. Based on a critical discourse analysis of over 50 judicial decisions, it is argued that the courts employ three strategies to deal with overseas polygamy: denigration, mutation and differentiation. The courts have one goal with these three strategies: to preserve (Christian-inspired) monogamy and reinforce it as the ideal structure of marriage.
Complicating Harm and Gender Equality
Authors: Naqvi Zainab Batul
Published: September 2023

This chapter starts with Jamilah’s story of abuse and power in her marriage and the polygamy which led to her ultimately seeking a divorce. Drawing from Jamilah’s experiences along with other women’s narratives, this chapter tackles the two main charges against polygamy: that it is harmful and that it promotes gender inequalities. The intention is not to defend polygamy – to do so would legitimise the debate on whether it should exist, which is orientalising considering monogamy’s existence is never questioned. Instead, the use of arguments around harm and equality to reject polygamy is disrupted. Relying on these arguments without deeper engagement obscures their patriarchal and Eurocentric foundations. It also cuts off women’s voices and the potential for hearing a wider range of experiences and stories around polygamy where women exercise their agency and act disruptively.
In the Beginning
Authors: Ravndal Ellen J.
Published: September 2023

This book reviews the formative years of the United Nations (UN) under its first Secretary-General Trygve Lie.This welcome appraisal shows how the foundations for an expanded secretary-general role were laid during this period, and that Lie’s contribution was greater than has later been acknowledged. The interplay of crisis decision-making, institutional constraints and the individuals involved thus built the foundations for the UN organization we know today.Addressing important wider questions of IGO creation, governance and autonomy, this is an incisive account of how the UN moved from paper to practice under Lie.
Managing the Wealth of Nations
Authors: Rössner Philipp Robinson
Published: September 2023

The book provides a fresh view on the role played by early modern political economy in creating the foundations of capitalism and modern economic development. Zooming in on a world region often overlooked or dismissed in grand narratives of long-term economic change and global divergence – the German-speaking lands – their idiosyncratic ways of modernizing capitalism will be examined by focusing on ‘cameralist’ and related political economies, and the policies connected to it when cameralism was translated into practice. Key themes include, by chapter, the role played by people discovering they had an open manageable future before them, markets and market design, money, monetary policy and velocity – of circulation, goods and money – and, lastly, manufacturing and the crafting of a modern world of goods. In this way the book gives voice to diverse approaches including conceptual history, history of ideas and numismatics when recovering and reconstructing a lost history of European capitalism, and modern development through the fundamentally revolutionary idea that oeconomies and economic worlds could be changed, potentially with positive and expansionary effect, if only the right ways, means and strategies were chosen. This way the book adds an important nuance to common models of millennial world-economic change by focusing on political economy and ideas outside the Anglosphere and experiences of growth and managing change beyond the usual suspects or first modern economies with which the history of capitalism is usually associated.
Governing the Future: Capitalism’s Early Modern Temporalities and the Origins of Growth
Authors: Rössner Philipp Robinson
Published: September 2023

This chapter looks at a neglected conceptual history of capitalism’s temporalities. Knowing about the future has been one of the key ingredients of economic modernity. In modern capitalism the future is unknown but principally open, plannable and manageable. At least, that is the illusion, the conviction that humans equipped with instruments of reason, rationality and science may make reasonable forecasts about their future. Notions of an economic future had existed since the Middle Ages. The commercial revolutions in business, banking and commerce that had paved the material foundations of the Italian Renaissance cannot be imagined without some sort of future vision. But these were limited to specific actors and types of activities. Post-1600 models were different. They extended the realm of actors and number of individual open futures, desacralizing the human future from the general biblical context, within which most future visions before 1600 had firmly rested.
The Myth of the Myopic State: Governing Economy and the Politics of Economic Change, 1250s–1850s
Authors: Rössner Philipp Robinson
Published: September 2023

This chapter contrasts policies with ideas offered for managing the wealth of nations. It revisits capitalism’s rise through a fresh look at the contribution made by medieval and early modern states. What states were and what they did obviously changed over time. But the available menu of strategies governing capitalism was more comprehensive than acknowledged in the modern literature, particularly for the medieval and early modern period. And states grew better at it over time. Measures promoting welfare and happiness included: an ample supply of good coin; sound monetary regulation; ordinances regulating trade and exchange on urban markets; stabilizing food supply; a fair layout of market stalls; clean air; safety on roads; and good sermons in Church. The ultimate goal was a good-spirited common weal. Invariably this included the promotion of manufacturing, creativity and originality in crafting, designing and shaping things – all tools that significantly contributed to the making of our modern ‘culture of growth’.
Velocity ! Money, Circulation and Economic Development, c. 1250–1850
Authors: Rössner Philipp Robinson
Published: September 2023

This chapter zooms in on money and its circulation, extending the argument in Chapter 5 by taking a dynamic perspective on materiality, velocity and coins. It provides an intellectual archaeology of an economic variable that to the present day is either enigmatic, or somewhat taken as a residual: velocity. I suggest that in historical times velocity was conceptualized more dynamically, as an independent variable with lots of economic agency. Combining archaeological and numismatic evidence with conceptual framings of velocity from Martin Luther and the humanists in the 16th to John Locke and cameralists and economists of the so-called ‘Historical School’ of the later 19th century, the chapter extends our view on the functionality of early modern markets through the lens of money. Since the end of the Middle Ages states developed an increasingly sophisticated toolkit of using the dynamics of monetary circulation in the economic process, preventing people from being parsimonious and overly thrifty. ‘Money makes the world go round’ thus attains a completely new meaning through a new methodological approach to coins and capitalism.
The Production of Everyday Life in Eco-Conscious Households
Authors: Munro Kirstin
Published: September 2023

Based on qualitative interviews with sustainability-oriented but “on-the-grid” parents of young children in Portland, Oregon, in the Northwestern United States, The Production of Everyday Life in Eco-Conscious Households describes what happens when people make interventions in mundane and easy-to-overlook aspects of everyday life to bring the way they get things done into alignment with their values. Household production and social practices related to three aspects of everyday life are examined: household waste, cleanliness, and indoor comfort in hot and cold weather. Because the ability to make changes is constrained by the culture and capitalist society, there are negative consequences and trade-offs involved in these household-level sustainability practices. Ecologically conscious households devote substantial time (even more so than money) to these sustainability efforts, but their efforts frequently stimulate conflicts, and the end results are rarely perfect. Beyond depleting people physically, financially, and emotionally, many of these pro-environmental activities are ineffective at best and are self-contradictory at worse—these paradoxical pro-environmental activities inadvertently reproduce capitalist society, and in doing so continue the environmental devastation that motivates these practices in the first place. Thus, promoting many household-level sustainability practices may be misguided, as this transfer of institutional responsibility for environmental protection into households results in even greater burdens on households, whose time, money, and emotional capacities are already stretched to their limits. The households described in this book shed light on the full extent of the trade-offs involved in promoting sustainability at the household level as a solution to environmental problems.
Managing Household Waste
Authors: Munro Kirstin
Published: September 2023

This chapter investigates how eco-conscious households manage the disposal of household waste, including trash, recycling, composting, diapers, and toilet waste. These eco-conscious households were almost universally concerned with reducing their consumption, and for many, the waste generated by their lifestyles and practices serves as an uncomfortable reminder of their shortcomings in the sustainability realm. For some households, practices that prevented waste from going to a landfill, such as composting and recycling, are sufficient to alleviate the guilt associated with waste-generating consumption. Other households attempt to purchase items with as little packaging as possible because recycling and composting are not enough for them to feel absolved. In this sample of households, the topic of packaging elicited powerful and unexpected reactions, while practices that involve allowing organic matter to decompose in the backyard or leaving urine in a toilet bowl unflushed elicited few negative reactions. The work involved in consumption has been described as the “other side of the paycheck.” For these eco-conscious households, practices involving the disposal of household waste are the other side of the other side of the paycheck—the final phase of the consumption they wish they could avoid.
“How Do We Live with Ourselves?”
Authors: Munro Kirstin
Published: September 2023

This chapter discusses the sometimes painful trade-offs that are required to balance priorities, resources, and constraints in the everyday lives of eco-conscious parents of young children. What happens when people try to live, in one informant’s words, a “less eco-hostile” existence? Because their choices were already constrained before the choosing begins, they frequently find themselves in impossible situations. Balancing regular life with sustainability priorities means that my informants are frequently faced with difficult decisions, and the compromises involved make them feel guilty and upset about their inability to live in a way that is fully compatible with their ideals. These eco-conscious parents of young children are part of capitalist society and contribute to its continued existence, but at the same time are dominated by it. They are just parents who are trying to make the right choices for their families and the environment in a society that feels out of step with their sustainability priorities, but this is a heavy burden.
Conclusion: “We Have Met the Enemy and He Is Us”
Authors: Munro Kirstin
Published: September 2023

This chapter concludes the book by explaining why households are making interventions in conventional ways of getting things done and what this might mean for policymakers and others who are considering promoting household-level pro-environmental practices. Household sustainability efforts, while well intentioned, are most frequently aimed at addressing environmental problems that eco-conscious households view as originating at other sites and on other scales. Each household individually repeats common sustainability tasks that could be achieved more effectively collectively or on a larger scale. At the same time, environmental and social problems are caused by the organization of families into individual households, a modern arrangement that is both socially and environmentally taxing. The eco-conscious parents interviewed for this book are trying their best to do something different. And some pragmatic reforms that involve changing the social meaning of practices in ways that decrease the demand for resources may provide a practical path forward. But without radical transformations in infrastructures and institutions—including the family household—these efforts will always fall short of what is needed to fully protect people and the environment from harm.
Egalitarian Digital Privacy
Authors: Keren-Paz Tsachi
Published: September 2023

The book expands the substantial and growing literature, and policy discussions, around intimate image abuse, by focussing on issues around civil law, platform and viewers’ liability. It advances the field by engaging with ways to tackle these forms of abuse beyond the criminal law (the dominant and familiar approach). The harm from non-consensual intimate images (NCII) is caused also by platforms and viewers who should both be liable for breach of the claimant’s privacy. The harm from NCII is exceptional so liability should not necessarily be imposed for harm from other user-generated content. In reality, hosts and viewers sell and buy the claimant’s images without the claimant’s consent, so they should be strictly liable for the ensuing harm, as those who sell and buy stolen chattel are liable to the original owner. Platforms should actively filter out non-consensual intimate images, regardless of their size. Similar to defences to criminal responsibility for child pornography, promptly deleting unsolicited NCII should prevent civil liability. Liability of each viewer should be to a significant amount but should not extend to the entire loss. Several old and new regulatory approaches from both the US and Europe are criticized including: immunity to platforms and hosts; limiting hosts’ liability to failure to remove images expeditiously after notice; the adoption of a horizontal approach; the stronger protection afforded to copyright holders over victims of breach of privacy; the refusal to criminalize possession of NCII; and the adoption of a means-based test for the monitoring duties of platforms.
Introduction
Authors: Keren-Paz Tsachi
Published: September 2023

The chapter defines ‘non-consensual intimate images’ and highlights the potential contribution of platforms and viewers to the breach of privacy of those depicted in non-consensual intimate images. It explains the theoretical framework informing the project; the project’s genealogy; and the book’s contributions in terms of policy, private law theory and tort doctrine.
Setting the Ground: The Intermediary Liability Debate and Framing Issues
Authors: Keren-Paz Tsachi
Published: September 2023

The chapter overviews the main two regulatory regimes to platforms’ civil liability to user generated content, of which non-consensual intimate images is just one example: complete immunity and post notice liability for failure to remove the content expeditiously. It also examines some recent trajectory of increased platforms’ responsibility.
It then examines how the principles of control and fairness feature in courts’ decisions about platform liability for UGC, by examining US S230 decisions and European decisions of both the CJEU, ECtHR and some other decisions.
Finally, it sets the Chapter 3 argument – that principles of control, fairness and right to effective remedy should lead to rejecting post notice immunity – within the existing literature, explaining the support for such immunity as an issue of (mistaken) framing of internet intermediaries as passive hosts, rather than active participants – and for profit – in breaching the claimant’s privacy.
Property and Privacy: The Case for Strict Liability
Authors: Keren-Paz Tsachi
Published: September 2023

The chapter adds a non-obvious private law perspective on the proper scope of liability of internet intermediaries to victims of non-consensual intimate images. It conceptualizes the right to privacy in intimate images as property; defends the applicability of the framework of conflicts over title to chattels to unauthorized dissemination of intimate images; and draws the relevant conclusions: Whether or not an innocent buyer has better title to the chattel than the original owner, the merchant is always strictly liable to the original owner. Internet intermediaries, as any other merchant selling ‘goods’ with defective title, ought to be strictly liable to the claimant. This conclusion is bolstered by the priority of the image subject’s interest vis-à-vis viewers’ under both a traditional Articles 8/10 ECHR balancing exercise (namely, privacy is not property) and an examination of the justifications for a market overt rule (namely, privacy is property). Alternatively, it could be based on policy considerations explaining why the merchant is always liable in conversion to the original owner, even under legal systems recognizing market overt and even if the thief is identifiable and solvent.
The Power of Property: Strict Liability for Viewing NCII
Authors: Keren-Paz Tsachi
Published: September 2023

This chapter explains why viewers’ liability could and should be strict, rather than merely fault-based. Building on the discussion in Chapters 4 and 5 it further explains how a property-based understanding of privacy helps justifying both strict liability and its proper limits; thus avoiding excessive liability. Hence, this chapter makes three contributions: doctrinal, normative and conceptual. Doctrinally, it explains that (1) the misuse of private information tort (Privacy) is already understood as a stricter form of liability; (2) that liability under Privacy might be stricter than under breach of confidentiality (from which Privacy sprung) and the justifications for this difference; and (3) Privacy can therefore accommodate viewers’ strict liability for viewing NCII (Part 2). Normatively, it then explains how the concepts of possession, passive behaviour and reliance make viewers’ strict liability to be justified and not excessive (Part 3). Theoretically, it inquires how conceptualizing information as property justifies strict, rather than fault-based, liability for viewing, despite the fact that the act of viewing both misappropriates and destroys value (Part 4); it thus complements the analysis offered in Chapters 4 and 5.
Introduction: Researching Precarious Urbanism and the Displacement–Urbanization Nexus
Authors: Bakonyi Jutta , Chonka Peter
Published: September 2023

This introductory chapter frames the wider book as a critical engagement with the discursive figure of the ‘internally displaced person’ and the use of this label by various actors in the context of conflict-linked migration and urbanization. The chapter presents the methodology that underpinned the research on which its findings are based. It explains and reflects upon the use of narrative interviews, participatory photography and public exhibitions/discussions to generate insight on the nexus of displacement and urbanization from the perspectives and everyday experiences of marginalized populations living in conditions of extreme socio-economic precarity. The concept of precarious urbanism is introduced as the process by which mobile, constantly shifting patterns of arrival, settlement, camp transformation, eviction and resettlement manifest in the morphologies of the four cities under focus and shape trajectories of urban development and ways of living. The chapter explains the thematic structure of the book and the different aspects of this precarious urbanism that are analysed in each.
Studio Time, Drill and the Criminalization of Black Culture
Authors: Alexander James
Published: September 2023

This chapter considers the street culture that evolved on the estate between 2011 and 2020 through discussing the drill music videos produced by those hanging out locally. Drawing artists’ and others in the drill scene’s accounts the chapter considers how the marketing and revenue implications of the attention economy have caught young people in a dynamic where violent online personas influence their offline lives. The chapter shows how young people juggle portraying attention grabbing performative bravado, maintaining a sense of authenticity and the less violent and less clickable elements of their lives. Those who built up a followership by portraying a violent persona needed to keep up this image to maintain their popularity. Some whose violent lyrics express truer to life experiences were usually involved in street level dealing, and the content of their tracks became less explicitly violent as and when they progressed out of street-level drug markets. However, many of those featured in the videos, even those depicting particularly violent personas, were not perpetrators of serious violence. Despite these dynamics, drill videos are often used by the police and the Crown Prosecution Service as evidence of criminal characters, a move that has been criticized for criminalizing artistic expressions of young Black men.
The New Normal: From Gang Violence to Individualized Danger and Child Criminal Exploitation
Authors: Alexander James
Published: September 2023

This chapter draws on young people’s experiences to discuss the impacts of local relational and social dynamics, alongside developments within the youth criminal space. It will shed light on why the current young people’s social environment is often more violent with weapons carrying now pervasive and why they are more vulnerable now than those growing up ten years ago. Here there will be a consideration of how despite the narrative of gang violence, most serious youth violence involves young people who are not gang affiliated, and serious youth violence should not be considered simply a ‘gang’ issue. The analysis will discuss how local drug market saturation and the emergence of county lines means that young people are at increased risk of child criminal exploitation. Those who are exploited are exposed to physical violence, threats and humiliation resulting in more young people becoming victims of violence perpetrated by adults. The chapter concludes by looking at how the experiences of a new emerging group is leading to them showing signs of desensitization associated with long-term exposure to violence. This has resulted in more young people carrying weapons, inter-friendship group violence and a lowering of the threshold of when a weapons should be used. As such the environment that young people grow up in today appears less safe than ten years ago,
Conclusion: Better Support but the Violence Remains
Authors: Alexander James
Published: September 2023

This chapter synthesizes what has been discussed throughout the book, and shows that although there have been many developments in the way concerns about youth safety are addressed. The public health approach has seen a greater focus on some of the underlying causes of youth violence, Yet some other risk factors remain. Too many young people are still growing up oppressed, in deprivation and subject to racism, whether this be as a result of over policing or through going to failing schools. The chapter concludes that unless the structural oppression is addressed, young people will always find themselves at risk of exposure to violence,
Do No Online Harm: Balancing Safeguarding with Researchers and Participants in Online Research with Sensitive Populations
Authors: Storrod Michelle Lyttle
Published: September 2023

This chapter provides a detailed reflexive account of my research process for ‘Digital Artefact vs Digital Fingerprint: An Ethnography of Gangs Online’ to problematise the concept of ‘do no harm’ for the digital child and the digital researcher. This chapter draws from a digital ethnography which used publicly available data, triangulated with eight expert interviews and participant observation in 12 focus groups about gangs and social media. Research was conducted in secondary schools located in a borough identified as having high levels of serious youth violence. I demonstrate how child protection frameworks ultimately placed limits on children’s voices, which resulted in my becoming a covert researcher, ‘lurking’ online, as sanctioned and deemed preferable by the ethics committee. The concept of ‘do no harm’ and the ethics associated therewith had underestimated the child’s life and potential harm online. Covert online research made defensible to protect ‘offline children’ exposed me to high levels of trauma. This chapter critically explores how we, as researchers, can respond to research trauma. I highlight why I will never ‘lurk’ again and how we can move forward with online research with vulnerable populations by applying feminist methodologies.
Responding Reflexively, Relationally, and Reciprocally to Unequal Childhoods
Authors: Sinha Pallawi
Published: September 2023

This chapter discusses childhood and research with children, particularly those living in peripheral countries or contexts of multiple disadvantages. It centres on reflexivity as a tool for diminishing barriers of research, whether power, privilege, or binaries of us–them. The chapter acknowledges childhood essentialisms reproduced by dominant traditions and agendas, and calls for a shift in the ‘gaze’ on childhood. The discussion outlines the unequal contexts of the indigenous Sabar community as the focus of the study, upon which reflexive discussions are based. Observing research as a ‘site for reflexivity’, the chapter elucidates the reflexive strategies (such as reciprocity and relationality) adopted to emphasise the invisibilised voice of the Sabar children and adults. In doing so, it undertakes an examination of how reflexivity may respond to children’s ontological realities, epistemological differences, or ‘ways of being, knowing and doing’. This chapter contributes to a call for a methodological and ethical ‘turn’ in research, in order to engage peripheral childhoods. In concluding, the chapter discusses the possibilities of reflexivity moving beyond researcher positionality and structural negotiations, to the ontological, methodological, and epistemic framings of research. It proposes that such a reflexive ‘turn’, in acknowledging other-ness, can decentre dominant discourses, knowledge production, and dissemination.
Owning Our Mistakes: Confessions of an Unethical Researcher
Authors: Montgomery Heather
Published: September 2023

This chapter is a reflection on the methods and ethics of doing fieldwork with highly vulnerable children. Fired up with good intentions, a knowledge of children’s rights, and a belief in the necessity of child-focused anthropology, a quarter of a century ago I went to Thailand with the aim of working with child prostitutes. My naive intention was to explore the children’s lives and suggest solutions to the problems they faced. I found the reality very different from my expectations, and therefore this chapter looks at the lacuna between my theoretical knowledge of ethics and the difficulties I had making sense of them on the ground. Here I discuss how my feelings about this work have changed over time and I interrogate the mistakes I made during both fieldwork and ‘writing up’. The chapter looks at the strengths and weaknesses of child-centred anthropology, raising questions about how to interpret children’s voices when they do not fit with one’s own worldview or morality. In doing so it looks at the lifelong impacts such research can have on both researcher and researched and questions the purpose of such research and whose needs it fulfils
‘Wandering Throughout Lives’: Outlining Forms and Impacts of Torture
Authors: Canning Victoria
Published: September 2023

The chapter moves to outline forms of torture documented historically, and how torture (in its narrowest definitional sense) is documented. This primarily considers two substantial works: Torture and Democracy by Darius Rejali, and This Side of Silence by Tobias Kelly. It outlines physical inflictions such as electrotorture, waterboarding, prolonged bath submersion and near-drowning, prodding, beating, induced stress positions and tortures such as noise, light and mock execution. Importantly, Rejali’s work has been fundamental in exploring the silencing effects of ‘clean’ torture – that is, torture which is inflicted in more subtle ways through stealth that become difficult or impossible to physically evidence. As Kelly went on to highlight, this has significant implications for survivors of torture who are seeking asylum, as well as obtaining justice for their subjections, since evidence is diminished and thus so is the burden of proof. From this, we look at the forms of torture identified by practitioners working with survivors of torture and/or sexualized violence. This chapter broadens the scope of practitioner narratives included to draw correlations between forms of violence documented as torture, and those which are not. The latter part of this chapter shifts focus to look at the consequences and impacts of torture. It is important to highlight the complex specificities of these impacts here, so we can later draw correlations and distinctions in other chapters, as we then shift away from narrow definitions and towards the conceptualization of torturous violence in a broader and more experiential sense.
Addressing and Responding to Torture and Torturous Violence
Authors: Canning Victoria
Published: September 2023

This book has sought to provide a lens which transcends disciplines and perspectives, incorporating intersectional feminism, and a zemiological approach to do so. By now, you may agree with some of the objectives, or disagree with the overall ethos of transcending the definitional boundaries of torture that underpins the central argument. It is an intervention which aims to draw debate rather than situate narrow or polarizing views, and hopefully it does so. However, while all these aspects have been important, so too is considering responses to survivors. In undertaking interviews, I asked all practitioners across all projects to outline examples of best practice in working with survivors of violence, torture or with refugees (some worked across all these, some with one or two), and to consider what changes could be made to facilitate them to undertake their roles as well as possible. Similarly, as well as observing clear gaps – sometimes voids – in support in asylum centres and immigration detention, I also often asked people seeking asylum what would best support them. This chapter outlines some of these responses. It draws out key issues and barriers to support in the aftermath of torture, torturous violence, sexualized torture and sexualized torturous violence. It does not seek to provide psychological or therapeutic answers to these questions: that is the role of psychologists, counsellors and psychotraumatologists, and I am none of these. Moreover, there are a plethora of texts, and the Istanbul Protocol (2004), which do this, developed by people with the expertise to do so, and for this there is a suggested reading list at the end of the chapter.