Narrow Margins: the criminalisation of trespass, the politics of property, and life on the margins in England
Lead Research Organisation:
Birmingham City University
Department Name: BLSS Sch of Social Sciences
Abstract
Context
In 2019, the Conservative Party's proposals to further criminalise trespass in England went without public debate under the discursive dominance of Brexit. Now, Covid-19 has taken over the agenda, whilst simultaneously revealing the fault lines of our current property and housing system. The steady criminalisation of trespass, through a series of legislation in the UK, has directly impacted on those most marginalised by existing unequal property systems. For some communities, trespass can be the only route to meet fundamental needs, such as shelter, security, and social support networks, as well as finding ways to assert ignored voices in protest or public debate (e.g., through protest and direct action). On a longer historical scale, and mirroring criminalisation, there has also been a formalisation of property, where ownership is increasingly protected through registration and title. This represents a shift away from emphasising 'use' as the basis for legitimate ownership, and towards property 'title', in a way which makes it easier for a polarisation of property use concentrated into fewer and fewer hands. It's on the narrow margins where these twin processes of criminalisation and formalisation are taking their toll, trapping vulnerable communities. Together, the criminalisation of trespass and formalisation of property represent an historically novel intervention by the state in arbitrating legitimate property use, transforming civil law towards a punitive approach that seeks to punish offenders on behalf of owners.
Aims/Objectives
The project aims to explore the steady criminalisation of trespass and its impact upon marginalised communities in England. Research Question (RQ1) asks what the everyday impacts of criminalisation and formalisation are on marginalised communities, with the objective (Obj1) of encouraging debate around property and trespass. This is in direct response to the government's proposals to criminalise trespass in England and will be achieved through building an evidence base which can support marginalised groups and campaigns, as well as inform public debate and policy-making.
RQ2 focuses on the common and contrasting experiences of trespass and property. This will build an intersectional picture of the impact of these trends across groups with different motivations and aims, with the objective (Obj2) of a better empirical understanding of lived experiences of trespass and property on the margins in England. The 4 case studies represent different communities, motivations, and demographics, in order to compare and contrast varied experiences, and advance the visibility of their marginality.
Finally, RQ3 unpacks the assumptions and rationales which underpin moves towards trespass criminalisation, and seeks to explore the geo-historical intersection of property formalisation with colonialism. The objective (Obj3) is to synthesise existing approaches to property and trespass (Social Sciences & Law), with sub-disciplinary approaches to the case studies, and decolonial literature, in order to develop a new conceptual framework for understanding these issues in the UK.
Potential Applications/Benefits
By privileging the lived experiences and voices of trespassers who are simultaneously vilified and squeezed by existing property systems, the collected data will build a picture of everyday impacts of criminalisation and formalisation, working across 4 case studies to develop insights. The project deliverables will support the voices of these communities and partners by providing an evidence base, which can be mobilised in campaigns and used to inform public debate. Scholarly and public understanding of the wider impacts of criminalisation will also be expanded through the project, countering negative stereotypes and misunderstandings of these communities. Finally, the research will inform government decision-making around such policies.
In 2019, the Conservative Party's proposals to further criminalise trespass in England went without public debate under the discursive dominance of Brexit. Now, Covid-19 has taken over the agenda, whilst simultaneously revealing the fault lines of our current property and housing system. The steady criminalisation of trespass, through a series of legislation in the UK, has directly impacted on those most marginalised by existing unequal property systems. For some communities, trespass can be the only route to meet fundamental needs, such as shelter, security, and social support networks, as well as finding ways to assert ignored voices in protest or public debate (e.g., through protest and direct action). On a longer historical scale, and mirroring criminalisation, there has also been a formalisation of property, where ownership is increasingly protected through registration and title. This represents a shift away from emphasising 'use' as the basis for legitimate ownership, and towards property 'title', in a way which makes it easier for a polarisation of property use concentrated into fewer and fewer hands. It's on the narrow margins where these twin processes of criminalisation and formalisation are taking their toll, trapping vulnerable communities. Together, the criminalisation of trespass and formalisation of property represent an historically novel intervention by the state in arbitrating legitimate property use, transforming civil law towards a punitive approach that seeks to punish offenders on behalf of owners.
Aims/Objectives
The project aims to explore the steady criminalisation of trespass and its impact upon marginalised communities in England. Research Question (RQ1) asks what the everyday impacts of criminalisation and formalisation are on marginalised communities, with the objective (Obj1) of encouraging debate around property and trespass. This is in direct response to the government's proposals to criminalise trespass in England and will be achieved through building an evidence base which can support marginalised groups and campaigns, as well as inform public debate and policy-making.
RQ2 focuses on the common and contrasting experiences of trespass and property. This will build an intersectional picture of the impact of these trends across groups with different motivations and aims, with the objective (Obj2) of a better empirical understanding of lived experiences of trespass and property on the margins in England. The 4 case studies represent different communities, motivations, and demographics, in order to compare and contrast varied experiences, and advance the visibility of their marginality.
Finally, RQ3 unpacks the assumptions and rationales which underpin moves towards trespass criminalisation, and seeks to explore the geo-historical intersection of property formalisation with colonialism. The objective (Obj3) is to synthesise existing approaches to property and trespass (Social Sciences & Law), with sub-disciplinary approaches to the case studies, and decolonial literature, in order to develop a new conceptual framework for understanding these issues in the UK.
Potential Applications/Benefits
By privileging the lived experiences and voices of trespassers who are simultaneously vilified and squeezed by existing property systems, the collected data will build a picture of everyday impacts of criminalisation and formalisation, working across 4 case studies to develop insights. The project deliverables will support the voices of these communities and partners by providing an evidence base, which can be mobilised in campaigns and used to inform public debate. Scholarly and public understanding of the wider impacts of criminalisation will also be expanded through the project, countering negative stereotypes and misunderstandings of these communities. Finally, the research will inform government decision-making around such policies.
