Writing in the Postcolonial: Postcolonial Legal Scholarship

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9. A paradox, a paradox, a most ingenious paradox89

We finish with some interesting paradoxes. The Augustan age, which was the site of so determined a struggle to attain peace through restraint and politeness, ended in what many regarded as another civil war – the American rebellion. This same era, which characterized itself in what Roy Porter has called the ‘sedative rhetoric’ of constitutionalism, government based on the gradually changing customs of the governed, was90, as the work of Thompson and Linebaugh demonstrate, undermining the customs of the poor with coercive and immiserating consequences by the end of the century91. In this sense, the first empire is the foundation of the second. As Hay and Rogers put it:

‘In the food riots in the Midlands at the end of the century, magistrates were often not to be found residing for many miles around the most populous industrial areas. The letters from the few who did, beseeching the government to send troops, sound like the voices of colonizers surrounded by dangerous and dangerously unknown, foreign tribes’.92
Postema’s characterization of the shading of eighteenth century law into morality - the absence of that boundary between them of the kind Bentham was to insist was necessary to maintain - ‘because ... there is no sharp line between them in the community governed by that law’ may tell a story that he does not himself have the intent to tell.93 The morality and the pragmatism of the rich and polite were what they used in their navigation of the law in the direction they wanted to go. The Englishman is important here: the constitution on which both Parliament and common law are based rests on ‘the peculiar circumstances, occasions, dispositions and moral, civil and social habitudes of the people which disclose themselves only in a long space of time’94. But it is the Burkean Englishman95 to whom these circumstances, occasions and habitudes are disclosed and given meaning. ‘I cannot indeed take it upon myself to say that I have the honour to follow the sense of the people. The truth is, I met it on the way, while I was pursuing their interests according to my own ideas’96.
Wes Pue makes two excellent points of relevance here97. The first is that the old view of law as based upon the sentiment of the people as mediated by the gentleman survived the repressions of the Napoleonic period. Even John Austin, whose legal positivism forms the ideological basis of much of the current common law, came to hold it. The reason is that its counterpart, the Benthamite conviction that:
‘law may be said to be an assemblage of signs declarative of a volition conceived or adopted by the sovereign in a state concerning the conduct to be observed in a certain case by a certain person or class of persons who, in the case in question are, or are supposed to be subject to his power’98.
invests too much untrammelled power in the sovereign99. The lessons for the landholding elite who continued to govern Britain until the end of the century, repeated since 1789, were that sovereignty is often in danger of becoming popular sovereignty, and in the mid-nineteenth century it was too early to gauge the success of the courts in restraining democracy in the United States.
Pue’s second point is that the old view that the basis of law is the habits and dispositions of the people subject to it, while, he would, I think, agree, implausible when articulated with liberal assumptions of nation-state homogeneity, is not necessarily obsolete, and need not rely on social exclusions as it did for much of 18 century England. For while many of Bentham’s disciples were, like the later Bentham, in favour of a much broader franchise for Britain than its contemporary basisth, many of them, as well as fellow-traveller optimists for progress, like Macaulay were true Englishmen of the empire of conquest. Their plans for India became the recipe for reform and for dealing with discontent in Britain100. The natives everywhere, brown people, working class and female people and children, were to be free when they were reasonable: Bentham’s ‘object, as he put it at the start of his main work, An Introduction to the Principles of Morals and Legislation, ‘is to rear the fabric of felicity by the hands of reason and of law’101. Law was simply a tool, the lawyer merely a skilled technician, the free citizen an appropriately disciplined subject.
None of this should be a surprise. Locke, often seen as the progenitor of liberalism and advocate of law as a technical tool preconditional for a commercial society, at whose doctrines of consent and resistance Blackstone affected a shudder, repudiates the patriarchal basis for a ruler’s power in his First Treatise of Government, the doctrine which Filmer had opposed to the doctrine of consent as ground of political authority. But consent, Uday Mehta reminds us:
‘As Locke makes explicit in the chapter ‘of Paternal Power’ in the Second Treatise and elaborated in ... Thoughts Concerning Education, requires parental interdiction. Reason may be in a Lockean view a natural capacity, but the specific form in which it services a liberal program requires an elaborate pedagogical scheme.. (T)he distinction between the power of fathers and monarchs is never quite as stable or absolute as the Second Treatise would lead us to believe’102.
Whether we think of Macaulay’s advice to the House of Commons to fund schooling on the ground that the state, which has the duty to punish incivility has also the duty to teach civility103, of Matthew Arnold’s comparison of elementary schools and prisons – both operate for the ‘protection of society’ and the maintenance of order104 - of Robert Lowe’s injunction during the 1867 Reform Bill debates to ‘prevail on our future masters to learn their letters’105 or of Mill’s preconditions for self-rule – ‘training the people in what is specifically wanting to render them capable of a higher civilization’106 – we find an intimate connection between training and order, discipline and law. The pedagogical narrowing of focus among lawyers under the influence of the positivists may seem curious in an era whose leading non-legal thinkers clearly linked order and culture. As late as 1921 – and we have seen, as late as 1965 or even 2000 – legal order and constitutional change are connected in directly imperial language107.
It is, perhaps to be explained, in the empire of conquest, by the culture of hierarchy and top-down ordering that prevailed. In the Augustan period, hardly an egalitarian moment in practical terms, the emphasis on conversation, sensitivity (as that term was used) and understanding as the necessary underlay of order and law, led to serious explorations of non-sectarian egalitarian thought in writers such as Paine, Godwin and Wollstonecraft, and provides us now with flexible forms of social thought capable of recognizing and accepting non-hierarchical notions of social difference. The imperial mission to make the parochial universal required training rather than dialog, paternalism rather than equality, and, when socialism threatened the order of things, expertise and bureaucracy rather than participation. As Adrian Sinfield observed the welfare state was the price the imperial order had to pay to survive the radical demands generated by World War II.108 Its administration, remote from those by whom it was called into existence, was conceptually defended in the ‘séance of self-designating officials’109 found recognizing their own paramount legitimacy in the jurisprudence of HLA Hart.110 We now have to heed Sinfield’s warning, that ‘if welfare capitalism does not work, we are back to the situation (where) the governing elite maintains itself and the forces and relations of production by repression.’.111 Imperialism, with its new wars, on drugs, terrorism, ‘rogue states’ and axes of evil, provides both a cultural and legal vocabulary for the production of repression, but also, to return to Grbich, as scholars we can find in the study of imperial practices a scholarly terrain on which to conduct the struggle against oppression.

See Spivak, Gayatri Chakravotry (1988) ‘Can the Subaltern Speak ?’ In Nelson, Cary and Grossberg, Lawrence (eds) Marxism and the Interpretation of Culture (London: Macmillan), for a complex exploration of the difficulties, but, she argues, the occasional necessities of doing so.

2 Cooper, Simon (2002) ‘Introduction’. In Cooper, Simon, Hinkson, John and Sharp, Geoff (eds) Scholars and Entrepreneurs: The Universities in Crisis (Melbourne: Melbourne Arena Publications). I do not believe it to be true, and I think what lies behind this kind of assertion is the reason for, on the one hand, the nostalgic insistence on the decline in educational standards connected to an assumed need to return to a lost a-political high culture, and, on the other hand, the need asserted by corporate politics afraid of criticism for universities to become technical colleges. Institutions that seem to presage informed political analysis by the masses have in any event always been discouraged. See Carey, John (1992). The Intellectuals and the Masses: Pride and Prejudice among the Literary Intelligentsia 1880-1939 (London: Faber and Faber); and Calder, Angus (1969) The People’s War: Britain 1939-1945 (London: Panther) on Churchill’s reservations about the British Army’s education programme.

3 Barzun, Jacques (1993) The American University: How it Runs, Where It Is Going (Chicago: University of Chicago Press), ch 7.

4 Readings, Bill (1996) The University in Ruins, (Cambridge MA: Harvard University Press) explores this aspect, at least of the European and US university.

5 Grbich, Judith (1990) ‘Feminist Jurisprudence as Women’s Studies in Law’ in Arnaud, AJ and Kingdom, E (eds), Women’s Rights and the Rights of Man (Aberdeen: Aberdeen University Press), p 85.

6 A friend and a noted university scholar responded to an evening’s being told by a middle-aged male barrister that academics do not live in the real world by finally asking him if he picked his own children from school, thereafter postponing his work till after their bed time, tended them when sick, washed his own and their clothes, cleaned his own house, or entertained occasional real fears that the house might be re-possessed if the repayments could not be met because he might lose his job. Real worlds are negotiated, but effectively only among subjects who receive as well as transmit.

7 Or, again, we could easily imagine many practices indistinguishable in this regard from the academic.

8 Sofia, Zoe (1993) ‘Position Envy and the Subsumption of Feminism’ Arena Magazine 4, p 36.

9 See Thornton, Margaret (1994). ‘Discord in the Legal Academy: The Case of the Feminist Scholar’ Australian Feminist Law Journal 3, pp 53, 60.

th Foucault, Michel (1980) Power/Knowledge: Selected Interviews and Other Writings, 1972-1977 ed Gordon, C (Brighton:Harvester Press).

10 Spivak, Gayatri Chakravorty (1988) ‘Introduction’ In Guha, Ranajit and Spivak, Gayatri Chakravorty (eds) Selected Subaltern Studies (New York: Oxford University Press), p 20.

11 Greenblatt, Steven and Gunn, Giles (1992) ‘Introduction’ In Greenblatt, Steven and Gunn, Giles (eds) Redrawing the Boundaries: The Transformation of English and American Literary Studies (New York, Modern Languages Association of America), pp 4-5.

12 See, for example, Threadgold, Terry (1999) ‘Law As/Of Property’, International Journal of the Semiotics of Law `12, p 369, who describes scholarship that fails to acknowledge such multiplicities as ‘homosocial, homosexual discourse, a conversation among men, the economy of the same … which reduces sexuality to one sex, humanity to one colour and class, and constitutes the proper limits of law in its white, masculine image’, p 375.

13 Silverman, Kaja (1983) The Subject of Semiotics, New York, Oxford University Press.

14 Pue, W Wesley (2001) ‘Globalization and Legal Education’, International Journal of the Legal Profession 8, pp 87, 98.

15 Guha, Ranajit (ed) (1997) Subaltern Studies Reader 1986-1995 (Minneapolis: University of Minnesota Press), pp xiv, xv.

16 Rhydwen, Mari (1996). Writing on the Backs of Blacks: Voice, Literacy and Community in Kriol Fieldwork (Brisbane: University of Queensland Press), p 7.

17 Loomba, Ania (1998) Colonialism/Postcolonialism (London: Routledge), p 20.

18 Wilson, Kathleen (1995) The Sense of the People: Politics, Culture and Imperialism in England 1715-1785 (Cambridge: Cambridge University Press); McClintock, Anne (1995) Imperial Leather: Race, Gender and Sexuality in the Colonial Contest (New York: Routledge) connects imperialism and the social manifestations of the intimate. Cannadine, David (2001) Ornamentalism: How the British saw their Empire (London: Allen Lane) Important collections are Hall, Catherine (ed) (2000) Cultures of Empire: Colonizers in Britain and the Empire in the Nineteenth and Twentieth Centuries (New York: Routledge); Burton, Antoinette (ed) (2001) Politics and Empire in Victorian Britain (New York: Palgrave).

19 Harlow, Vincent (1952) The Founding of the Second British Empire 1763-93 Vol 1: Discovery and Revolution (London: Longmans). See now Marshall, PJ (1999) ‘The First British Empire, and CA Bayly, The Second British Empire’ In Winks, Robin (ed) The Oxford History of the British Empire Vol 5: Historiography (Oxford: Oxford University Press); Marshall, PJ (1998) ‘Britain without America: A Second Empire?’ in PJ Marshall (ed), The Oxford History of the British Empire Vol 2: The Eighteenth Century (Oxford: Oxford University Press).

th Schama, Simon (2001) A History of Britain, Vol 2: The British Wars 1603-1776 (London, BBC), p 401.

20 Colley, Linda (1992) Britons: Forging the Nation 1707-1837 (New Haven: Yale University Press)

21 Clarke, Jonathan (1985) English Society 1688-1832 (Cambridge: Cambridge University Press, p 74

22 Zinn, Howard (1980) A People’s History of the United States (New York: Harper and Row)

th Jones, Kathleen (1998) The Sense of the People: Politics, Culture and Imperialism in England, 1715-1785 (Cambridge: Cambridge University Press).

23 Bailyn, Bernard (1967) The Ideological Origins of the American Revolution (Cambridge MA: Harvard University Press), ch IV: after 1763 ‘the colonists… saw what appeared to be evidence of nothing less than a deliberate assault launched surreptitiously by plotters against liberty both in England and in America’. America was only the most visible manifestation of an attack on the British constitution.

th Harlow, Vincent (1952) The Founding of the Second British Empire 1763-1793 Vol 1: Discovery and Revolution (London: Longmans), p 527.

24 ‘He’ seems appropriate here, for although Macaulay writes of the task of creating English ‘persons’, but for their colour and blood, we know from James Fitzjames Stephen’s judgment in the Lady Sandhurst case, that well into the Victorian era, a woman is not a person. See Sachs, Albie ‘The Myth of Judicial Neutrality’ In Carlen, Pat (ed) (1976) The Sociology of Law, Sociological Review Monograph 23 University of Keele, p 115.

25 Easthope, Anthony (1999) Englishness and National Culture London, Routledge, p 55.

26 Lloyd, David and Thomas, Paul (1998) Culture and the State (New York: Routledge), p 47.

27 David was my headmaster, and Shipman was in my year at his school.

28 Davies, Harold (1965) Culture and the Grammar School (London: RKP).

29 Ibid, 2, my emphasis.

30 Ibid, 159, my emphasis. See Foucault, Michel ‘The Ethics of Concern for Self as a Practice of Freedom’ in Dreyfus, Hubert and Rabinow, Paul (eds) Michel Foucault: The Essential Works Vol 1, p 291: ‘if I am interested in how the subject constitutes itself in an active fashion through practices of the self, these practices are nevertheless not something invented by the individual himself. They are models that he finds in his culture and are proposed, suggested, imposed on him by his culture, his society, his social group’.

31 Whittle, Biran and Ritchie, Jean (2000) Prescription for Murder: The True Story of Mass Murderer Dr Harold Frederick Shipman (London: Warner Books).

32 See Drabble, Margaret (1989) The Radiant Way (Harmondsworth: Penguin) and its sequels.

33 Whittle and Richie, op cit p 72.

34 Op cit p 161. The comment by a policewoman involved in searching Shipman’s home, that she need to wipe her feet on her way out was quoted in Whittle and Ritchie and in the later television dramatization of the case.

35 Op cit p 123.

36 ‘Shipman was quite clearly an evil man and it is extremely difficult to legislate against evil’: Coroner Pollard, John, quoted in Whittle and Ritchie, op cit p 361.

37 See Teltscher, Kate (2000) ‘Maidenly and Well-Nigh Effeminate: Constructions of Hindu Masculinity in Seventeenth Century English Texts’ Postcolonial Studies 3, p 159.

38 Hurley, Kelly (1996) The Gothic Body: Sexuality, Materialism and Degeneration at the Fin de Siecle (Cambridge: Cambridge University Press).

39 Foucault, Michel (1999), quoted in Stoler, Ann Laura (1999) Race and the Education of Desire: Foucault’s History of Sexuality and the Colonial Order of Things (Durham, NC: Duke University Press), p 75.

40 Op cit, p 83.

41 Gandhi, Leela (1998) Postcolonial Theory: A Critical Introduction (Sydney: Allen and Unwin)

42 Macaulay, TB (1907) ‘Essay on Lord Clive (1840) In TB Macaulay: Critical and Historical Essays Vol 1 (London: Everyman): ‘Every sepoy knows that the promise of the Company will be kept; he knows that if he lives a hundred years, his rice and salt are as secure as the salary of the Governor-General’ p 517.

43 Macaulay, TB (1833) ‘Speech to the House of Commons, 10 July 1833’. In Ellis, TF (ed) (1889), Macaulay’s Miscellaneous Letters and Speeches (London: Longmans Green), p 572.

44 Macaulay, quoted in Clive, John (1987) Macaulay: The Shaping of the Historian (Cambridge MA: Harvard University Press), p 376.

45 Bloom, Harold (1995) The Western Canon: The Books and Schools of the Ages (London, Macmillan).

46 Leavis, FR (1962) The Two Cultures ? The Significance of CO Snow (London: Chatto and Windus); McKillop, Ian (1995). FR Leavis: A Life in Criticism (London: Penguin).

47 Said, Edward (1989) ‘Yeats and Decolonization’ In Kruger, Barbara and Mariani, Phil (eds) Remaking History: Discussions in Contemporary History (Seattle, Bay Press), p 8.

48 Bloom, op cit p 519.

49 Op cit p 527.

50 Stokes, Eric (1959) The English Utilitarians and India (Oxford: Oxford University Press).

51 As the prison populations in the Anglo-American world indicate, the role of panopticism is far from diminishing.

52 Bentham, Jeremy (ed) (1970). Of Laws in General (1782) Hart, HLA (ed) (London: Athlone Press).

53 Hill, Christopher (1997). Liberty Against the Law (London: Penguin).

54 Ashcraft, Richard (1986) Revolutionary Politics and Locke’s Two Treatises of Government (Princeton: Princeton University Press), p xiv. See also Wilson, Kathleen (1992) ‘A Dissident Legacy’ In Jones, JR Liberty Secured? Britain Before and After 1688 (Stanford, Stanford University Press)

th Phillipson, Nicolas (1989) Hume (London: Weidenfeld and Nicolson).

55 He was of course an empiricist, but in his empiricism sense-data from the past allowed no inference concerning the future. See Appleby J, Covington E, Hoyt D,Latham M and Sneider A (eds) Knowledge and Postmodernism in Historical Perspective (New York: Routledge).

56 Hume, David (1902) Enquiries Concerning the Understanding and Concerning the Principles of Morals (1748/1977) Selby-Bigge (ed), p 37.

57 Hume, David (1978) A Treatise of Human Nature: Being an Attempt to Introduce the Experimental Method into Reasoning into Moral Subjects (1738/9) Nidditch, PH (ed), pp 268-9.

58 Inquiry Sect VII Part II.

59 Treatise, p 253.

60 Op cit, pp 74, 196.

61 Op cit, Book I Part III Sect XII.

62 Op cit, p 649.

63 Inquiry, p 228.

64 Hume, David (1985) ‘Of the Original Contract’ In Miller, Eugene (ed) (1985) Essays Moral, Political and Literary (Indianapolis: Heritage Press), p 486.

65 Hume, David (1985) ‘Of the First Principles of Government’ In Miller, Eugene (ed) Essays Moral, Political and Literary (Indianapolis: Heritage Press), p 32.

66 Phillipson, op cit, p 136.

67 Phillipson, Nicolas op cit, p 47; and see Salber Phillips, Mark (2000) Society and Sentiment: Genres of Historical Writing in Britain, 1740-1820 (Princeton: Princeton University Press).

68 Phillipson, op cit, p 50, quoting Treatise, p 558.

69 Hume, David ‘The British Government’, op cit, p 49. He does, of course, concede that change is unlikely to be early, and comments with characteristic irony on the hazards of predictions by reference to Harrington’s conviction that ‘it (would be) impossible ever to re-establish the monarchy in England. But his book was scarcely published when the king was restored’, p 47.

70 Brewer, John (1997) The Pleasures of the Imagination: English Culture in the Eighteenth Century, (London: Harper Collins), pp 101, 103.

71 Porter, Roy (2000) The Creation of the Modern World: The Untold Story of the British Enlightenment (New York: Norton), pp 21-22, parenthesis mine.

72 Porter, op cit, p 19.

73 Brewer, op cit, p 39.

74 Viswanathan, Gauri (1997) ‘Currying Favor: The Politics of British Educational Policy in India, 1813-54’,In McClintock, Mufti, Aamir and Shohat, Ella (eds) Dangerous Liaisons: Gender, Nation and Postcolonial Perspectives (Minneapolis: University of Minnesota Press).

75 Brewer, p 476.

76 Thompson, EP (1991) Customs in Common (London: Merlin Press)

77 Neeson, JM (1993) Commoners: Common Right, Enclosure and Social Change in England 1700-1820 (Cambridge: Cambridge University Press; Linebaugh, Peter (1991) The London Hanged: Crime and Civil Society in the Eighteenth Century (London, Allen Lane)

78 Blackstone, William (1765) Commentaries on the Laws of England I (Oxford: Oxford University Press), p 156.

79 Op cit, p 44.

80 Op cit, p 150.

81 Op cit, p157.

82 Burke, Edmund (1790) Reflections on the Revolution in France (London: Everyman) (1910).

83 Cone, Carl (1957) Burke and the Nature of Politics: The Age of the American Revolution (Lexington, KY, University of Kentucky Press, p 16.

84 McLoughlin, TO and Boulton, James The Writings and Speeches of Edmund Burke Vol 1: The Early Writings (Oxford: Oxford University Press), p 323, quoting from Burke, An Essay Towards an Understanding of the Laws of England

85 Op cit, p 324.

86 Op Cit, p325.

87 Quoted in Hoffman, Ross and Levack, Paul (eds) (1967) Burke’s Politics: Selected Writings and Speeches of Edmund Burke on Reform, Revolution and War (New York: Knopf), p 96.

88 Op cit, p 255.

89 Gilbert and Sullivan (1879) The Pirates of Penzance, or, The Slave of Duty.

90 Porter, Roy (1990) English Society in the Eighteenth Century (Harmondsworth: Penguin), Conclusion.

91 See also Hay, Douglas and Rogers, Nicholas (1997) Eighteenth Century English Society (Oxford, Oxford University Press), chs 6 and 7.

92 Hay and Rogers, p 148.

93 Postema, Gerald (1986) Bentham and the Common Law Tradition (Oxford: Oxford University Press), p 38.

94 Burke, Edmund (1782) ‘Speech on the Representation of the Commons in Parliament’ In Stanlis, Peter (ed) (1963) Edmund Burke: Letters and Speeches (New York: Regnery Publishing), p 328

95 I am grateful to John Harrington for reminding me that Burke was, of course, Irish, the son of a convert to Protestantism, and that his orotund English style is florid to the point of hamming.

96 Burke, Edmund ‘Speech on Economic Reform’, quoted in White, RJ (1968) Waterloo to Peterloo (Harmondworth: Penguin), p 109, emphasis in original.

97 Pue, Wes ‘Educating the Total Jurist’ Unpublished Draft.

98 Bentham, Jeremy (1970) Of Laws in General (1782) Hart, HLA (ed) (London, Athlone Press), p 1.

99 Duncanson, Ian (2000) ‘Colonialism’s Law, Professionalism’s Discipline’ Postcolonial Studies 3, p 191; Duncanson, Ian (2000) ‘Scripting Empire: The ‘Englishman’ and Playing for Safety in Law and History’ Melbourne University Law Review 24, p 952.

th Lively, Jack and Rees, John (eds) (1986) Utilitarian Logic and Politics: James Mill’s ‘Essay on Government’ Macaulay’s Critique and the Ensuing Debate (Oxford: Oxford University Press). But the earlier Bentham, Ross Harrison in Harrison, Ross (1985) Bentham (London: RKP) reminds us, looked to Catherine the Great to implement his reform proposals.

100 Duncanson, Ian (1997) ‘Colonialism’s Law’; Duncanson, Ian (1997) ‘Cultural Studies Encounters Legal Pluralism: Certain Objects of Order, Law and Culture’ Canadian Journal of Law and Society 12, p 115.

101 Quoted in Harrison, Ross, op cit.

102 Singh, Uday Mehat (1999) Liberalism and Empire: A Study in 19th Century British Liberal Thought (Chicago, University of Chicago Press)

103 Macaulay, TB (1847) ‘Speech to the House of Commons 18th April 1847’ In Ellis, TF (ed), op cit, p 734.

104 Quoted in Baldick, Chris (1983) The Social Mission of English Criticism (Oxford: Oxford University Press), p 34.

105 Quoted in Woodward, Llewllyn (1962) The Age of Reform (Oxford: Oxford University Press), p 184.

106 Mill, John Stuart (1991) Considerations on Representative Government (1861) (New York: Prometheus Books), pp 345-6. He is writing here about India, but earlier he writes about Britain, that ‘universal teaching must precede universal enfranchisement, p 175.

107 I discuss the 1921 Newbolt Report on the teaching of English in schools in Duncanson, Ian ‘Cultural Studies Encounters Legal Pluralism’, op cit, p 137.

108 Sinfield, Adrian (1997) Literature, Politics and Culture in Postwar Britain (London, Athlone Press).

109 Duncanson, Ian (1982). ‘Jurisprudence and Politics’ Northern Ireland Legal Quarterly 33, pp 1, 18.

110 Hart, HLA (1961) The Concept of Law (Oxford: Oxford University Press. On the imbrication of legal positivism and labour-style socialism, see Edgeworth, Brendan (1989) ‘HLA Hart, Legal Positivism and Postwar British Labourism UWA Law Review , Vol 19, p 275; Fitzpatrick, Peter (1992) The Mythology of Modern Law (London: Routledge) describes beautifully the fit between imperialist and Hartian legal positivist thought.

111 Sinfield, op cit, p 21.
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