‘The rules are all over the place’: Mass Observation, time, and law in the COVID‐19 pandemic

• Published in: Journal of law and society Vol. 50; no. 3; pp. 369 - 391
• Main Authors: BEYNON‐JONES, SIÂN, GRABHAM, EMILY, HENDRIE, NADINE
• Format: Journal Article
• Language: English
• Published: Oxford Blackwell Publishing Ltd 01.09.2023
• Subjects: Activities of daily living; COVID-19; Criminal liability; Everyday life; Imposition; Law; Law making; Liability; Pandemics; Rule of law; Rules; Tactics; Time
• ISSN: 0263-323X; 1467-6478
• DOI: 10.1111/jols.12446

Abstract This article analyses practices of pandemic time making that surrounded the imposition and communication of laws restricting daily life in parts of the United Kingdom in spring 2020. With colleagues, we commissioned a Mass Observation Project directive in summer 2020, asking contributors about their everyday experience of time during the COVID‐19 pandemic. We analyse how legal temporalities emerge across 228 responses. Initially, law making seemed belated, missing the disruptive temporalities of the pandemic. Once they arrived, pandemic rules were sudden, changeable, and confusing. Mass Observation writers forged clusters of improvised practices – tactics of anticipation – to cope with these unsettling temporalities. Meanwhile, the Hansard Society, the Joint Committee on Statutory Instruments, and legal commentators argued that ‘fast‐track’ pandemic law making was error ridden, putting the public at risk of unwitting criminal liability. Attentive to ‘polyrhythmic’ temporalities operating across fields of experience and action, our study underlines the contradictory qualities of apparently resonant constructions of legal time.