Interview with Jeremy Horder, the New Head of LSE Law LSE Law Ranked
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2015/16 Interview with Jeremy Horder, the new Head of LSE Law LSE Law ranked first among UK law schools Damian Chalmers on An Open Europe Contents 2 3 FACULTY INSIGHTS 3 LLM Graduate Laila Hamzi Selected for Coveted ICJ Traineeship Lunch with the Editor 37 3 Interview with Jeremy Horder, LSE Wins Jessup Cup 2015 Head of Department, LSE Law 38 Number 1, Again! Taylor Wessing 8 LSE Law’s REF results 40 Commercial Challenge An Open Europe: interview LLB and LLM Prizes 10 with Damian Chalmers 42 One minute in the mind of... 16 Veerle Heyvaert PHD PROFILES 44 Lewina Coote: On Secret Justice 18 Finance Officer... and the 44 Department’s “Butterfly” Constituent power and social Obituary: 46 justice in postcolonial India: 20 Mike Redmayne my intellectual journey so far Appointments, Tackling Your Topic 24 Awards and Staff Changes 50 and Yourself New books The Lake Home 27 52 LSE Ratio is published by LSE Law at the London School of Economics and Political Science, Houghton Street, London WC2A 2AE. Tel: +44 (0)20 7955 7688. PhD Completions Email: [email protected] STUDENT NEWS 28 56 Executive Editor: Bradley Barlow. General Editor: Tom Poole. Let Us Learn: campaigning Contributing Editors: Devika Hovell, Jo Murkens, Chris Thomas, Emmanuel Voyiakis. EVENTS 58 Art and design: Jonathan Ing, LSE Design Unit. 28 for equal access Photography: Guy Jordan and Nigel Stead, LSE School Photographer. Illustrations: Jonathan Ing, Elizabeth Mosley, Ailsa Drake. LSE Design Unit. Leaving the EU? A Year in the Sun LSE holds the dual status of an exempt charity under Section 2 of the Charities Act 30 58 1993 (as a constituent part of the University of London), and a company limited by guarantee under the Companies Act 1985 (Registration no. 70527). Human Shield Pro Bono Matters – Copyright in editorial matter and in the magazine as a whole belongs to LSE ©2015. Copyright in individual articles belongs to the authors who have asserted a new Postgraduate 61 32 their moral rights ©2015. Group at LSE Law We Are The Guerrillas All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior permission Access to Justice after the 64 in writing of the publisher, nor be issued to the public or circulated in any form of Lunch with the Editor Legal Aid Cuts binding or cover other than that in which it is published. 34 Greece: The Future of Europe? Requests for permission to reproduce any article or part of the magazine should be Professor Jeremy Horder, Head of Department, LSE Law sent to the editor at the above address. New Centre for Women, Peace 68 In the interests of providing a free flow of debate, views expressed in this magazine In Conversation with Professor Thomas Poole, Ratio Editor are not necessarily those of the editor, LSE Law or LSE. and Security launched at LSE 36 Legal Biography Project Although every effort is made to ensure the accuracy and reliability of material 71 published in this magazine, LSE Law or LSE accepts no responsibility for the veracity Welcome to “Lunch with the Editor”. And congratulations, first of all, on of claims or accuracy of information provided by contributors. Freedom of thought and expression is essential to the pursuit, advancement and Forthcoming Events dissemination of knowledge. LSE Law seeks to ensure that intellectual freedom and becoming Head of LSE Law. You’re joining a distinguished line of predecessors – 72 freedom of expression within the law is secured for all our members and those we invite to the School. Hugh Collins, Martin Loughlin and Emily Jackson – who have among other things led LSE Law twice to RAE/REF success. Are you ready for the job? Jeremy Horder: One of the things you them, for instance, whereas those on learn about scholarly life is that whatever benefit are hardly likely to do that. you do you always have to negotiate with “One of the things you learn I am also doing, for the first time on people far smarter than yourself. If you my own, a new edition of Ashworth about scholarly life is that have any pretentions to being better or 4 and Horder’s Principles of Criminal 5 better informed or superior then you whatever you do you always Law, adding a historical chapter as well are doomed to failure. I’ve become as redoing the existing chapters. This have to negotiate with people accustomed to this over a period of time. needs to be done by the end of the So that in itself won’t be a problem. But far smarter than yourself.” summer – so I had better get my in a broader sense it is fantastic to be skates on! working with such great scholars. The quality of the place is such that it almost Your scholarship is somewhat unusual deterred me from a applying for the in that it combines research into be guilty of murder whether or not position of a Law Professor here! contemporary English criminal law – you intended the death. That rule I including law reform, about which more attributed to a mistake, basically, made We’ll talk in more detail later about your in a moment – with a real interest in the by Lord Coke in his Institutes, where new role. But before that, I’d like to history of the subject. he confused two different cases and concentrate on your background came up with the rule. As a result of and interests, starting with your JH: Yes, that’s right. In fact, I’ve just this error, not only were hundreds of research. What are you working on completed something on corruption people executed in this country on the at the moment? and misconduct in the public office in back of the rule, but of course the rule the late eighteenth century. Most of was also exported to the United States JH: I’ve just given a Current Legal it is purely historical, but it includes where they continue to execute people Problems lecture at University College a final section which compares and under it. London on the subject of benefit contrasts attitudes towards state assets, offending – basically about how the so to speak, that were common in Speaking of your time as a Law state treats people on benefits who the eighteenth century compared to Commissioner, you were there for are trying to make their way through the attitudes on display in the recent five years, I believe. I’m interested in lots of different claims. The problem Parliamentary expenses scandal. hearing about your experience in that is that there are a lot of offences now, Essentially the difference is that role. What major projects did you work applying to all walks of life, concerned modern politicians are very aware about on while you were at the Commission? with the failure to provide the proper what they are meant to say in public. So And what did you achieve while you information. A very large bulk of English when they behave in an inappropriate were there? criminal law is comprised of these kinds way, there is then a kind of hypocrisy JH: What you achieve is very often of offences. The theory that I tested – a difference between their words a matter of chance at the Law out – it’s commonsense in a way – is and their behaviour – whereas in Commission. Sometimes your projects that the less well-educated you are, or the eighteenth century there wasn’t only come through long after you if you’ve got problems with disability or really that gap because people were leave. There’s the example of the other problems, it is going to be harder less concerned about pretending to Commissioners who recommended for you to fill in these forms and to be one thing and being another; they in 1975 that blasphemy should be get the information right. This will be essentially just did and said what abolished as a crime, a proposal that particularly true in the area of benefit they thought. didn’t come through for about 30 offences, where Government has been years. While I was there, the main Do you find generally that your cracking down very hard on what they task we had was to work on the law of historical work impacts on or influences take to be benefit abuse. So the lecture homicide, murder in particular, and your study of the criminal law today? was really about whether we need a defences to murder, which is an area different type of regulatory approach JH: It can do, certainly. When I was at I had previously written about. Here depending on what the target audience the Law Commission we did a historical we were partially successful, in the is, if you like. Taxpayers, for example: study of what was called the “felony sense that there was some revision of perhaps we can expect a bit more of murder rule”, whereby if you kill the defences, some of it based on Law them in terms of what they can put into someone in the course of any crime of Commission recommendations. But this. They can employ advisers to help any seriousness you would automatically probably the most successful project arose as a result of political changes of Do you think it is important for law I was going to ask you more directly You were Chair of the Oxford Law have gone fully down this road. They They also know that universities game circumstance, and that was our work academics to take part in public debate about your experience at other Faculty for some time.