Tag Archives: law

Law on Trial 2023: free, public talks based on topical themes

Professor Adam Gearey is a Professor of Law at Birkbeck’s Department of Law. In this blog, Professor Gearey explores this year’s themes of Law on Trial, the School of Law’s annual week of free, public events taking place from Monday 19 to Friday 23 June.

This year’s Law on Trial takes place at a special time. We are celebrating the 200th anniversary of Birkbeck, University of London and the 30th anniversary of Birkbeck’s Law School. It is also more or less 191 years to the day that the legal philosopher John Austin finished his lectures on jurisprudence, the philosophy and theory of law, at the University of London, and in a fit of melancholy, immediately left for France. It might seem a little strange to link these two moments together. But perhaps George Birkbeck, John Austin, and Sarah Austin did share a similar concern. The education of the working classes.

John and Sarah, like George, worried that the multitude were condemned to their own “doom” (Austin 1986). Compelled to earn a “precarious livelihood” they could not develop their “childish and imbecilic intellects” (Austin 1986). More worryingly, rather than obedience to the law, the working class appeared to be sympathetic to criminals and were bent on causing trouble (Austin 1986). It was imperative that the “multitude” should grasp the “leading principles” of the moral sciences and apply them to the conditions of their own lives. Only then would the masses be willing to accept the “authority of others” (Austin 1986).

No doubt George Birkbeck did not share all these sentiments. He probably disagreed with Austin’s bizarre idea that teaching jurisprudence would provide the very “rationale” of the law that would legitimise authority to those who were all but ready to tear it all down.

Which, by an interesting coincidence, is almost the title of a Dexys Midnight Runner’s song. A song that, one might think, is the opposite of John Austin’s stuffy defence of the establishment. Kevin Rowland’s ‘Burn it Down’ is a call to be creative: to think, to act differently. Perhaps things now are not that different from 1831: the precarious are required to accept their precarity. However, an education in soul music, rather than jurisprudence, might now be the key to the moral sciences.

Indeed, if there was a “wild philosophy” that so upset Austin, you will find it in the panels and talks that will take place in Law on Trial 2023. Law on Trial kicks off on the 19th June. The first panel is an engagement with intellectual property (creations of the mind). Tattoos and patent drawings will be discussed by Fiona Macmillan, Henrique Carvalho and Guido Comparato. The next panel, on the 20th, celebrates 30 years of Birkbeck graduates. Daniel Monk will chair a panel tracing the diverse paths taken by Birkbeck students from the classroom to practice. On the 21st June, the panel on the social and political lives of trials, reminds us that the old order is very much in place: disciplining bodies and minds. As Allison Tait, Mayur Suresh and Basak Ertur will remind us: what else can you do but resist injustice? Just after the solstice, on the 22nd June, Alex Sharpe summons the presence of the great David Bowie for a spirited discussion about the three love lessons apparent in Bowie’s work. Finally, on the 23rd June, ecological destruction and climate litigation are put on trial by Stewart Motha and Fleur Ramsay. A fitting conclusion for a panel taking place as London heats up for the hottest summer since 1884.

Further information

References

John Austin, The Province of Jurisprudence Determined (London: Hackett, 1986) Pages 64, 65, 66, 70.

Dexys Midnight Runners, Burn it Down, on Searching for the Young Soul Rebels, EMI/Parlophone, 1980.

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“A year into my degree I fell pregnant and experienced numerous complications during and after my pregnancy – the support I received from Birkbeck was second to none.”

Ella Michalski graduated this month with an LLB Law degree after becoming pregnant with twins during her degree and her daughters experiencing many health complications. Ella persevered with her degree throughout this traumatic time, even studying from hospital. This is her #BBKgrad story.

Ella Michalski with her family on her graduation day

Ella Michalski with her family on her graduation day

I spent my teenage years in the care system with a local authority. When I entered my early twenties I was desperate to travel, so I used my savings from various hospitality and retail jobs I’d had to travel around the world. I returned from travelling aged 25. I had an amazing few years but I was ready to return to normality again and wanted to settle in one place.

My late twenties soon came around and I decided I wanted to enter higher education to pave and develop my career, but I wanted to find a way of studying that meant I could keep my daytime commitment of working in retail. I knew I wanted to study law, with criminal justice being a huge interest of mine.

I came across Birkbeck after friends recommended it to me – studying in the evenings provided the perfect solution. I signed up for a Birkbeck open day, and after attending I just knew Birkbeck was where I wanted to go. It had a real feel, straightaway, of a strong student community. Despite having no previous legal experience, I took a deep breath and enrolled onto the LLB Law degree.

A year into my degree, when I was aged 29, I became pregnant. Unfortunately, I experienced numerous complications during my pregnancy, and at 12 weeks into my pregnancy I was told with near-certainty I would lose my twins. I spent 14 weeks on bedrest in hospital. The Wellbeing Team at Birkbeck were so supportive with finding me alternative ways to study in hospital, and despite being in such a traumatic situation, studying really helped give me escapism from my difficult reality at that time.

When I gave birth, my twins were born with chronic lung disease. They spent three months in intensive care, with multiple medical difficulties whilst they were there. I spent my days visiting the hospital in the day and studying in the evening. Knowing that I could tell my daughters about how I studied for a degree kept me going as I knew how proud of me they’d be one day.

When my daughters were finally discharged from hospital, they were on oxygen 24-hours-a-day for a whole year. Despite their severe health needs during this time, I continued with my degree. It was certainly hard but Birkbeck ensured I had the support in place, and with my strong network of family and friends I was able to persevere and eventually complete my degree.

Reflecting on my Birkbeck experience as a whole, it’s provided me with skills that I didn’t even know existed and given me so much more than I ever anticipated. The skills I’ve gained will stay with me forever and go far beyond just academic skills. My degree has propelled my confidence – it’s made me believe in myself a million more times more than I ever thought possible. When I was able to attend lectures in person, I found the teaching incredible. The lectures were always so informative and inclusive with students in the room, and questions were really encouraged. I’d describe the learning experience at Birkbeck as gentle and encouraging. I particularly enjoyed group work – I found it brought people together and the Library facilities were brilliant as we could book group areas easily to work together.

Thankfully, my daughters are now well and thriving. In the future, I plan to pursue a career in criminal justice. I’m hoping to volunteer for the Innocence Project soon, which aims to free innocent people from incarceration. I also enjoy being an ambassador for the Rainbow Trust Children’s Charity, which provided invaluable support for my family and I through our challenging times.

I’d 100% recommend studying at Birkbeck to anyone – the level of education, flexibility and support I received was second to none.

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“Age is just a number – but studying keeps the mind active”

Ghana born Anthony Mensah is graduating with an LLM Human Rights aged 78, and plans to devote his time and energy to fighting Female Genital Mutiliation (FGM) in sub-Saharan Africa.

Anthony with Professor Bill Bowring

I am originally from Ghana but came to the UK in 1966 as a trainee accountant, and am now a British citizen.

Sometime in 2011, I saw a newspaper advert for Birkbeck for a two year diploma course in Law. I applied, and was sent a problem question in the post to answer. I answered it to the best of my ability, and was invited to interview at the School of Law by the Dean at the time, Professor Patricia Tuitt. She was impressed with my performance, and I was thrilled when she invited me to enrol on the LLB course instead of the diploma.

My first and second years were a bit of a struggle, and a stark contrast between my professional accountancy course. Patricia Costall, an Academic Support Tutor, helped me understand how to write an academic essay and properly reference my work – I am very grateful for her help during my course and I know a lot of other students will agree with me that she was very helpful. I really enjoyed the lectures from most of my tutors; Fred Cowell, Piyel Halder, Adam Gearey, Leslie Moran and Patricia Tuitt, to name a few; and I had good relationships with my classmates.

My wife, Emma, was very excited for me throughout my studies. She gave me lots of good advice and encouragement.  I owe her an immeasurable debt of gratitude for the support and encouragement she has given me. Without her, I don’t think I would have got the marks in my LLB that I needed to proceed onto my LLM in Human Rights.

I decided to enrol on the LLM because I am passionate about tackling the complex Human Rights issues in Sub-Saharan Africa, where I am from. In particular, in the future I intend to lead a crusade against Female Genital Mutilation which is common practice in almost all countries on the continent.

I didn’t think about my age when I was applying. Age is just a number. However studying later in life is good for exercising the brain. So I would advise anyone thinking about starting a degree to start looking into it and making enquiries. You will feel so confident in yourself when you complete it.

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“The more I learn, the more I want to learn” – from ‘left behind’ to law degree

Firhana wasn’t sent to school as a child and only learnt to read and write at 15. With years of hard work, persistence and dedication, she’s achieved the extraordinary feat of gaining a master’s degree in Law – and now has plans for a PhD.

Growing up, the idea of studying for a degree wasn’t even on Firhana’s radar. She was raised in Oxford with her parents and five siblings but was never enrolled in school – something that only came to light when a doctor made a home visit and found that at 12 years old, Firhana wasn’t able to write a simple sentence. When asked why they didn’t send their daughter to school, her parents said, “in our culture, the daughters get married, have children, and run the household.”

She strongly believes her parents did their best for her within the cultural context that they knew, but going to school for the first time was very difficult. “I was quite severely bullied because I didn’t know how to read and write,” Firhana remembers. “A lot of the children at school obviously thought that if I was born in England, why couldn’t I read or write? Eventually I had a one-to-one tutor who went through letters and phonics with me. I mastered my alphabet at the age of 15, and slowly learnt how to read and write.”

“To be honest with you, I didn’t really understand what I was reading at first. I used to look at the pictures and try to make out the story as I was going along. I didn’t really try to help myself because I had missed so much so I thought there was no point. Eventually, when I was about 19, I finished the Lion, the Witch and the Wardrobe. That was my favourite book.”

After she had her own daughters in her twenties, she knew she wanted to get a proper education to help her children get ahead in life. Today, after years of hard work and close, careful guidance from dedicated teachers, she is graduating with a master’s degree in Law from Birkbeck, University of London with merit, after gaining a 2.1 in her bachelor’s degree in 2012. Next, she plans to apply for a PhD looking into sexual violence in Asian communities. “Who would have thought there was going to be degree after degree for a typical Pakistani housewife who missed out on most of her primary and secondary education?!” she laughed.

Firhana is a passionate advocate for women and girls in Asian communities, and wrote her master’s dissertation on the grooming gangs in Cowley, Oxford where she grew up. “If I had any power,” she says, “I would ask the government to look at legislation which deals with violence towards women, especially women of colour. I feel like there’s not enough said or done because people are culture sensitive. I think the government should also aim to get women over 30 or 40 back into education. I think a lot of women in my era missed out and they feel like they don’t have the opportunities.”

Birkbeck’s evening study model suited Firhana, who was able to combine her studies with working and family life. Her daughter, Aisha, was starting her A levels at the same time as Firhana started university – “we were study buddies!” she said. “Today my daughter is an A level teacher in a really good school, and she’s also doing her master’s at Birkbeck. My other daughter is studying English Literature and Creative Writing, and my son’s at grammar school preparing for his GCSEs. He plans to go on and study Medicine.”

“Birkbeck has changed my life and my family’s life for the better. It has just had such a massive impact. What we show our children is what they will follow. I showed mine love for books and education because my teachers showed me their love for books. Now I feel like I have been empowered with the gift of knowledge. I am on a journey of learning more and more every day, because the more I learn the more I want to learn.”

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