A conversation
Thomas N. Corns

Although socially and culturally Milton and Winstanley perhaps appear improbable bedfellows, this essay begins by reviewing possible interconnections through the intermediary context of the London radical scene in the mid-1640s. It goes on to consider their contrasting achievements as arguably the most creative and innovative interpreters of the Edenic myth in the early-modern literary tradition. Winstanley’s ‘man called Adam, that disobeyed about 6000 years ago’ and Milton’s ‘Offspring of heaven and earth, and all earth’s lord’ go head-to-head in a comparative analysis designed to refine our understanding of the heterodoxy of both authors.

in Insolent proceedings
Rupali Bansode

Several critiques have pointed out that #MeToo in India often erased the experiences of Dalit women, even as anti-caste feminists made questions of caste privilege core to these new technologies of resisting sexual harassment. In underscoring the routine nature of sexual violence against Dalit women, this chapter shows how their testimonies were not always legible under #MeToo, even in the hands of anti-caste feminists. It builds on the legal battle of one victim of caste-based sexual violence, Satyabhama, to throw light on such endemic violence in India, generally understood as the violence committed by upper-caste men against lower-caste women, politically and socially identified as Dalit women. Even when women like Satyabhama moved court and publics to name the injustice metered onto them, their voice – as with Dalit women’s testimonies of sexual violence more generally – tend to be sidelined, erased or concealed, in both intentional and unintentional ways. The chapter asks whether the urban MeToo movement was able to do a better job of foregrounding the voices and claims of marginalised women like Satyabhama. The chapter concludes that even as India’s #MeToo movement was initiated by the Dalit-Bahujan feminists, it ultimately offered limited prospects and space for engaging the phenomenon of caste-based sexual violence perpetrated against women from the marginalised sections of society.

in Intimacy and injury
Parliament and electoral corruption in the nineteenth century
Kathryn Rix

Despite hopes that the 1832 Reform Act had ushered in a new era of electoral purity in Britain, bribery and other forms of corruption remained persistent problems at elections in subsequent decades. Historians have tended to focus their attention on the major reforms intended to curtail electoral malpractice in the nineteenth century, notably the 1854 and 1883 Corrupt Practices Acts and the 1872 Ballot Act, neglecting the wider trajectory of legislative proposals to improve electoral morality. This chapter aims to redress this gap, demonstrating the ongoing extent of contemporary concerns about this issue by considering the amount of parliamentary time it occupied, both in the Commons chamber and in the committee rooms. It explores the wide range of potential remedies which legislators discussed, including the disenfranchisement of constituencies, curbing election spending by candidates and reforming the system of election petitions, and it reassesses the rationales shaping MPs’ priorities and concerns in their often abortive attempts at reform. It argues that for MPs grappling with this problem, the growing demands on their own pockets due to their constituents’ expectations regarding election spending – corrupt or otherwise – served as a crucial incentive to take decisive action on this question, with the landmark 1883 Corrupt Practices Act eventually tackling the twin evils of electoral corruption and excessive election spending.

in The many lives of corruption
Conservatives at the Foreign Office, 1858–9
Geoffrey Hicks

The complexities of the mid-century reform agenda articulated by the 1854 Northcote–Trevelyan Report have been much discussed. These complexities, however, have rarely been explored in the context of particular departments, or in relation to Conservative ministries. This chapter makes up for this neglect and does so by considering the Conservative administration of Lord Derby (February 1858–June 1859) and its uneasy relationship with reform of the Foreign Office and the ‘corruption’ associated with nepotism. In this era, incoming ministries attempted to get supporters into diplomatic jobs and eject opponents, both to shore up domestic support and to ensure that foreign policy was enacted by sympathetic representatives. The professionalisation of the diplomatic corps gradually changed matters, as competitive examinations arrived. Yet, as this chapter will suggest, the process of change was neither as smooth nor as unchallenged as it might appear. Both Derby and his Foreign Secretary, Lord Malmesbury, had a sense of the requirements of public service; but they were also confronted with a diplomatic service dominated by Whigs, apparently set on a new course in the wake of reforms by Palmerston and Clarendon. They sought to rebalance it; and, as will be suggested, their administration represents a microcosm of a mid-century struggle to achieve equilibrium between nepotism on the one hand and disinterested standards on the other, though such standards were by no means as self-evident as they might now appear.

in The many lives of corruption
An introduction

Many parts of the ocean are badly polluted and suffering from a serious loss of biodiversity as a result of human activities. After outlining the causes of this state of affairs, this chapter explains the framework of international law that has been designed to protect the marine environment. It discusses the approach of the UN Convention on the Law of the Sea to controlling pollution, including its definition of marine pollution, and to conserving marine biodiversity. The chapter also introduces other global treaties for protecting the marine environment and various regional treaties, including those developed under the UN Environment Programme’s Regional Seas Programme. The detailed provisions of all these treaties are examined in the following two chapters. In this chapter attention is also drawn to the fact that international human rights law is beginning to be used to protect the marine environment. In addition, the chapter considers a number of principles that have been developed by the international community to guide environmental policy-makers and legislators. They include: the no harm principle; environmental impact assessment; the precautionary principle; the polluter pays principle; sustainable development; the ecosystem approach; co-operation; and the principle of common but differentiated responsibility.

in The law of the sea
Controlling marine pollution

The UN Convention on the Law of the Sea identifies six sources of marine pollution. They are: pollution from ships (such as discharges of oil, noxious chemicals, sewage, garbage and ballast water containing invasive species); the dumping of waste by ships and aircraft; pollution resulting from exploitation of the continental shelf for petroleum and minerals; pollution resulting from the exploitation of the mineral resources of the Area, that is the seabed beyond the continental shelf (see further chapter twelve); pollution from sources on land; and pollution from or through the atmosphere. The Convention itself contains no detailed measures to control pollution from the six sources that it identifies. Instead, the international community has adopted a substantial network of global and regional treaties for this purpose, including treaties designed to curb emissions of greenhouse gases The latter are causing the oceans to warm, sea water to become more acidic and sea levels to rise, all of which are harming the marine environment. This chapter outlines the standards to control marine pollution that have been set by the various treaties for each source of pollution; explains how they are implemented and enforced; and assesses how effective they have been. The chapter also considers the response required of States where a pollution incident has occurred, as well as the question of compensation for damage caused by marine pollution.

in The law of the sea
Conserving marine biodiversity

The decline in marine biodiversity and the reasons for it were outlined at the beginning of chapter fifteen. This chapter is concerned with analysing, and assessing the effectiveness of, the large number of treaties and other measures adopted by the international community designed to conserve marine biodiversity. Some of these instruments focus on protecting habitats or conserving particular species, while others seek to do both by taking a more holistic approach. Among the latter examined in this chapter are the UN Convention on the Law of the Sea (including the mining code for the Area being elaborated by the International Seabed Authority), the Convention on Biological Diversity and regional marine environmental treaties. The chapter also looks at the establishment of marine protected areas; other area-based measures, such as the International Maritime Organization’s particularly sensitive sea areas; and the ongoing UN negotiations to develop a legally binding instrument to conserve biodiversity (including marine genetic resources) in areas beyond national jurisdiction. The remainder of the chapter considers treaties to protect habitats (focusing on the Ramsar Wetlands Convention and the UN Educational, Scientific and Cultural Organization (UNESCO)’s World Heritage Convention) and to conserve species, especially those concerned with migratory species, cetaceans, sharks and seabirds. The chapter concludes that while there have been some successes, international law has so far failed to conserve marine biodiversity adequately.

in The law of the sea
A reconsideration
Craig Smith

Since the work of J. G. A. Pocock, the tension between commerce and virtue has been a prominent analytic framework for understanding the Scottish Enlightenment. A large literature has developed that stresses the tensions in the social and political thought of the period, and places thinkers such as Adam Smith, David Hume and Adam Ferguson on a spectrum ranging between civic republicanism and commercial liberalism. This chapter reassesses the usefulness of this approach as a lens for interpreting the thought of the period. It does so by focusing on the analysis of corruption and the defence of public service provided by Adam Ferguson. Ferguson is often seen as the foremost Scottish sceptic of commerce, whose analysis of corruption serves as a foil for Hume and Smith’s more optimistic view. However, such readings often fail to consider the fact that Ferguson was broadly favourable towards commerce and had a developed theory of public service and education that he regarded as a suitable palliative for the corruption of eighteenth-century Britain. By grasping this we get a very different view of the Scottish Enlightenment’s attitude to virtue and corruption in a commercial society.

in The many lives of corruption
The case of Thomas Bakewell
Elliot Vernon

This chapter focuses upon the polemical career of Thomas Bakewell, a baker and Presbyterian ruling elder of middling wealth who traded from a shop in Hanging Sword Court, just off London’s Fleet Street. Like the more famous Thomas Edwards studied in Ann Hughes’ works, Bakewell was a devout religious Presbyterian whose commitment to Reformed ‘orthodoxy’ led him into a series of disputes with Antinomians, Separatists, Baptists, Congregationalists to Fifth Monarchists that formed part of the struggle to demarcate the boundaries of religious ‘orthodoxy’ and ‘heterodoxy’ during the period. Bakewell’s mid-seventeenth-century printed polemics, however, were grounded in the face-to-face experience of oral and private lay religious disputation dating back to the early 1630s and his narratives illustrate another dimension of the struggles of the Puritan underground to maintain orthodoxy identified in the recent work of Peter Lake, David Como and Ann Hughes. The chapter will analyse the engagements between Bakewell and his opponents to gain an understanding of the ‘rules’ of lay religious debate and polemic. In addition it focuses upon how originally oral debates between disputants who were known to each other on a face-to-face basis within the relatively small geographical area of mid-seventeenth-century London were expressed in print and how this ‘lived experience’ structured the literary forms, and genre experimentation, used to communicate religious disputation to a wider audience. As such, the chapter builds on Ann Hughes’ contribution to this area of historiography and thus, I hope, presents a fitting tribute to her work as a historian.

in Insolent proceedings
Jaya Sharma

This chapter focuses on concerns about the nature of the online discourse related to #MeToo in India. It draws upon interviews with ten feminists based in New Delhi, the majority of whom identified as queer. The concerns shared include the limits of the digital space with respect to enabling healing, the focus on retributive and not restitutive justice, aggression among feminists targeting those not ‘with us’ as being ‘against us’, and the lack of space for views outside of the binary. Concern was also expressed about how the discourse on consent did not recognise that desires can be messy, changeful and interact with power in very specific ways. The overarching concern was the perceived contradictions with feminism, including with queer feminism, which draw upon the experience with (in)justice experienced by queer people. The analysis of responses undertaken in the chapter draws upon Lacanian psychoanalysis. The possibilities explored include how the binary nature of the digital space might serve the (collective) psyche’s need for certainty, particularly given the messy nature of our desires. There is also an exploration of whether narcissism might help understand the online aggression among feminists, helped by the possibility offered by the digital to create private/public conclaves of those who think exactly like us. Might it also be that the ideology of feminism gives us permission to break prohibitions against online aggression and that at the intersection of permission and prohibition lies the erotic charge of jouissance?

in Intimacy and injury