The Opposite of Custom

Fifteenth-century Italian urban and ecclesiastical authorities sought to regulate the laity’s conspicuous consumption of dress, sometimes resulting in canon law petitions for exemption on the grounds of custom. By exploiting an ambivalent definition of custom according to status, wealthy men and especially women successfully sidestepped regulation. Critics of luxury such as the Franciscan Observants, who encountered similar arguments in confession, countered this permissive understanding of custom with alternate criteria for determining proper dress tied to the morality of the economic behavior that made luxurious dress possible. Overlapping definitions of custom drawn from canon law and moral theology thus provided both fashionable people and their confessors a way to negotiate and contest their status.

Bad Customs, Civic Ordinances, and “Customary Time” in Medieval and Early Modern English Urban Law

This article examines 45 preambles in collections of urban customary law (called custumals) from 32 premodern towns in England between the twelfth and sixteenth centuries. Urban custom was the local law of English towns, and constituted traditions and privileges that gained legal force over time. How lawmakers conceived of “bad” custom—that is, the desuetude or corruption of custom—was crucial to the intellectual framework of urban law. Evidence from preambles shows that lawmakers rooted the legitimacy of their laws in “customary time,” which was the period from the supposed origins of their customs to their formalization in text. Lawmakers’ efforts to reinforce, ratify, and revise urban customs by making new custumals and passing ordinances were attempts to broaden their autonomy and respond to the possibility of “bad” custom.

Bad Custom

The place and function of custom as a species of law—distinguished from custom as simply polite manners or cherished cultural traditions—has long been a source of research and debate among legal theorists and historians. One school of thought, reflecting the authority of written statute in modern jurisprudence, has relegated custom in a juridical sense to “primitive” societies, whereas proper law belongs to a world of state sovereignty. Other scholars have revisited the continuing validity of custom, including a trenchant body of work on the use (and manipulation) of custom in modern colonial regimes. At the same time, some have seen benefits in the acknowledgment of custom as a source of norms. A 2006 collection of articles, for instance, explored ways in which customary law might serve as a better foundation for the sustainable development of natural resources. As David Bederman has written, “Custom can be a signal strength for any legal system—preliterate or literate, primitive or modern.”

Scandal of the Church, Prison of the Soul

This article explores “bad custom” (prava consuetudo) in Latin-Christian church law of the twelfth and thirteenth centuries. Drawing chiefly on papal decretal letters and the statutes of local and regional synods, it discusses the theoretical debates over bad custom, how customs came to be regarded as evil, and what prava consuetudo meant in practice. While many usages were labeled “bad,” especially troubling were those that threatened clerical status by implying lay claims to authority in the church, blurring the distinction between laity and clergy, or humiliating the professed religious. The article also asks whether legal concerns over such collective behavior that brought scandal upon the church may have been provoked by a moral discourse over prava consuetudo as sinful conduct endangering the individual soul.

Mala consuetudo

Le concept de coutume est une création des juristes occidentaux permettant de convertir les usages autochtones dans les termes de l’ordre juridique dominant. Si la contrainte de l’État est décisive dans la formulation de la coutume, faut-il penser qu’en Europe aussi elle fut une création étatique, les peuples ne participant guère à son épanouissement ? La mala consuetudo médiévale témoigne d’un rapport de force si bien qu’il faut restituer la pratique des usages, l’action du peuple dans la redéfinition des coutumes. L’article considère le contenu de l’expression médiévale comme une catégorie de pensée et la transpose dans l’Antiquité romaine afin de revenir sur le processus de création des consuetudines. Si la consuetudo romaine est bien une création du pouvoir, les communautés auxquelles elle s’applique parviennent aussi à contenir son périmètre. Sa pérennité tient sans doute en partie au fait qu’elle a été perçue ensuite comme un privilège communautaire.The concept of custom is a creation of Western lawyers allowing for the conversion of indigenous uses into the terms of the dominant legal order. If the State’s constraint is ultimately decisive in the formulation of custom, does that mean in Europe too it was essentially a State creation, with the peoples hardly participating in its existence? The mala consuetudo is a matter of power relations, so that it is necessary to emphasize the impact of practices, of popular action on the shaping of customs. This article considers the content of the medieval expression as a category of thought and transposes it to Roman antiquity in order to reconsider the development of consuetudines. If the Roman consuetudo was indeed a creation of power, the communities to which it applied managed to contain its perimeter. Its durability is probably due in part to the fact that it was perceived as a community privilege.

“To Tell It as We Know It”

This article takes Beverley Bryan, Stella Dadzie, and Suzanne Scafe’s The Heart of the Race (1985) as an invitation to consider the conditions that routinely mark formulations of Brexit Britain as they operated in the lives of Black women in Britain during the early 1980s. It explores how the text engages Black women’s lives as an index of how the welfare state was both structured and experienced in such a way that demarcated racialized internal borders of Britishness, citizenship, and belonging. It also argues for the importance of embedding Black women’s narratives into histories of Brexit’s unfolding.

Machiavellian Moments and the Exigencies of Leaving

J. G. A. Pocock’s magnum opus, The Machiavellian Moment, seems an unlikely contender as an intimation of Brexit. Published in 1975, his study of the revival of classical Republicanism in Renaissance Italy and the struggle to uphold a universal ideal of active citizenship could not be further removed from Britain’s departure from the European Union forty-five years later. But the wider production context suggests that it might be worth probing the possible connections. This article examines Pocock’s protracted reckoning with Britain’s entry into the European Economic Community in the early 1970s amid the ruptures of empire’s end. It seeks to tease out the existential underpinnings not only of the latter-day exigencies of leaving but also of the persistent habit of harnessing that ambition to a reimagining of Britain’s global coordinates.

Introduction

This introductory article lays out the stakes of thinking through the temporalities of Brexit history across multiple fields of vision. It makes the case for books as one archive of Brexit subjects and feelings, and it glosses all the articles in the special issue.

Brexit, Erewhon, and Utopia

Viewing Brexit as part of a longer history of Anglo-Saxon racial and cultural exceptionalism, this article reflects on what Samuel Butler’s satirical novel Erewhon, or Over the Range (1872) can tell us about the utopian impulses informing Brexit’s neoimperialist ideology and hence about British identity politics today. Set in an inward-looking, socially homogeneous, and postindustrial society somewhere in the colonial southern hemisphere, Erewhon provides an anachronistic simulacrum of both an isolationist “Little England” and an imperial “Global Britain,” critiquing the idea of the self-sufficient, ethnonationalist “island nation” by demonstrating the extent to which it relies on the racial logic of White utopianism, as well as on a disavowal of the non-British labor that supports and sustains it.

Postimperial Melancholia and Brexit

The lead-up to and the aftermath of the 2016 referendum on the United Kingdom’s membership in the European Union have been characterized by particular psychic reactions and affective states: shock, perplexity, anxiety, guilt, paranoia, anger, depression, delusion, and manic elation. The debate over Brexit has played out largely in an affective register. Scholars and journalists in search of explanations have reached for psychological concepts such as amnesia and have cited feelings, specifically nostalgia and anger, as major factors. Paul Gilroy’s Postcolonial Melancholia provides a more useful analytical framework for constructing histories of Brexit beyond the usual narratives of reversal, unexpected rupture, or liberation, and for unearthing the psychic attachments and affective dynamics underlying such narratives. Gilroy’s conception of postimperial melancholia allows us to see the links between Brexit, anti-immigrant racism, and the obsession with national identity, and the unacknowledged and ongoing legacies of empire and decolonization in contemporary Britain.