What is law?

Lovely post by Conor Gearty on the British Academy’s blog:

Law is a technical subject, without doubt, but it courses through with large questions about the kind of world we live in and how best to protect the values that we as a society hold dear. The biggest, most extraordinary thing about law is something that we wouldn’t even have remarked upon just a few years ago, but at this time of ‘fake news’ and feelings about stuff driving policy is worth saying – and celebrating. Law is about reason – argument, logic, facts and evidence are its daily bread and butter. Now of course, behind that reason will often be the power of conservative reaction, willing and able to deploy the force of authority to crush dissent. Law will always be, and almost by definition is, wedded to preservation of the status quo. That said, it is surely a wonderful thing that, for all its faults, there is at least one remaining space in our political culture where words still matter and where promises made in the form of written undertakings (‘laws’) have consequences. A society that stops being governed by the authority of law and reverts to that of the ‘populist’, the priest or ‘the people’ is not a place where freedom will long survive.

The Brexit trilemma

Nice analysis of this by Emily Jones and Calum Miller of the Blavatnik School of Government in Oxford. Summary:

The country’s leaders need to accept that the primary objectives of Brexit are, and always have been, mutually incompatible. Sadly, their refusal to acknowledge this is indicative of the kind of leadership that led to the current impasse.

With the European Union’s latest extension of the United Kingdom’s membership in the bloc, onlookers around the world are right to wonder why the Brexit process has proved so intractable. The short answer is that the UK’s government and parliament are trying to achieve three incompatible goals: preserving the country’s territorial integrity, preventing the return of a hard border between Northern Ireland and the Republic of Ireland, and enabling the UK to strike its own trade deals.

The British are finally confronting the fact that only two of these objectives can be met at any one time. This implies that there are three basic scenarios for moving ahead with Brexit…

Worth reading in full.

Lessons of Brexit: a discussion

On March 29 I chaired an event at my college about the lessons we might learn from the Brexit experience. I was lucky to have four stellar panellists — Professors Kenneth Armstrong, Chris Grey, and Aoife O’Donoghue and Dr Julie Smith (Baroness Smith of Newnham). Here’s the video of the discussion.