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What’s missing from legal geography and materialist studies of law? Absence and the assembling of asylum appeal hearings in Europe

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posted on 2025-08-01, 10:01 authored by N Gill, J Allsopp, A Burridge, D Fisher, M Griffiths, J Hambly, N Hoellerer, N Paszkiewicz, R Rotter
There is an absence of absence in legal geography and materialist studies of the law. Drawing on a multi‐sited ethnography of European asylum appeal hearings, this paper illustrates the importance of absences for a fully‐fledged materiality of legal events. We show how absent materials impact hearings, that non‐attending participants profoundly influence them, and that even when participants are physically present, they are often simultaneously absent in other, psychological registers. In so doing we demonstrate the importance and productivity of thinking not only about law's omnipresence but also the absences that shape the way law is experienced and practiced. We show that attending to the distribution of absence and presence at legal hearings is a way to critically engage with legal performance.

Funding

ES/J023426/1

Economic and Social Research Council (ESRC)

European Research Council (ERC)

StG-2015_677917

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© 2020 The Authors. Transactions of the Institute of British Geographers published by John Wiley & Sons Ltd on behalf of Royal Geographical Society (with The Institute of British Geographers). This is an open access article under the terms of the Creative Commons Attribution License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Notes

This is the final version. Available on open access from Wiley via the DOI in this record Data availability statement: Due to the ethical and legally sensitive nature of the research, ethnographic notes taken in court could not be made openly available. Appellant interviewees were not asked for their permission to share their interview transcripts in an online open archive because of concerns that they could misunderstand what was being asked for, or feel obliged to agree but subsequently feel less able to conduct free conversation in research interviews as a result, thereby negatively impacting on the quality of the data generated. Additional details relating to, and data resulting from, to a survey taken during observations of British asylum appeals between 2013 and 2016 are available from the UK Data Archive (persistent identifier: 10.5255/UKDA-SN-852032).

Journal

Transactions of the Institute of British Geographers

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Wiley

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  • Version of Record

Language

en

FCD date

2020-07-09T10:33:43Z

FOA date

2020-09-03T11:08:53Z

Citation

Published online 1 July 2020

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