New Books in Law

Criminal responsibility is a key-organizing concept of the criminal law, but Arlie Loughnan argues that it needs re-examination. Focusing on the Australian experience, Self, Others and the State: Relations of Criminal Responsibility (Cambridge University Press, 2020) questions assumptions about the rise and prominence of criminal responsibility from the late colonial period until recent times. The focus on significant events since the turn of the twentieth century draws out the complexity of criminal responsibility and how its assumed neutrality obscures dynamics of subjectivity, rationality and power in the criminal system. This book will be of interest to a broad range of scholars. Anyone interested in legal philosophy, Australian history, criminal law and also discrimination will find this book invaluable. Self, Others and State will make you question what you know about the law and reveal your own assumptions about its doctrines and principles. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality and criminal law. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong protests. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What is the connection between the movement for death penalty abolition and the anti-slavery movement? In Slavery and the Death Penalty: A Study in Abolition (Routledge, 2018), Bharat Malkani, Senior Lecturer in Law at Cardiff University, explores this question. Beginning with an acknowledgment that the death penalty in the United States of America has long been shaped by the country’s history of slavery and racial violence, Malkani considers the relationships between the two abolitionist movements. He explains how historical and conceptual links between slavery and capital punishment have both helped and hindered efforts to end capital punishment. Using the history of slavery and abolition, Malkani argues that anti-death penalty efforts should be premised on the ideologies of the radical slavery abolitionists, offering lessons for how death penalty abolitionism should proceed in future. Antonia Layard is a professor in Law at the University of Bristol Law School Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On this episode of the New Books Network, Lee Pierce (s/t interviews Shiu-Yin Sharon Yam of University of Kentucky on the new book, Inconvenient Strangers: Transnational Subjects and the Politics of Citizenship (Ohio State University Press, 2019), which explores how intersecting networks of power—particularly race and ethnicity, gender, and social class—marginalize transnational subjects who find themselves outside a dominant citizenship that privileges familiarity and socioeconomic and racial superiority. In this study of how neoliberal ideas limit citizenship for marginalized populations in Hong Kong, Shui-yin Sharon Yam examines how three transnational groups—mainland Chinese maternal tourists, Southeast Asian migrant domestic workers, and South Asian permanent residents—engage with the existing citizenry and gain recognition through circulating personal narratives. Coupling transnational feminist studies with research on emotions, Yam analyzes court cases, interviews, social media discourse, and the personal narratives of Hong Kong’s marginalized groups to develop the concept of deliberative empathy—critical empathy that prompts an audience to consider the structural sources of another’s suffering while deliberating one’s own complicity in it. Yam argues that storytelling and familial narratives can promote deliberative empathy among the audience as both a political and ethical response—carrying the affective power to jolt the dominant citizenry out of their usual xenophobic attitudes and ultimately prompt them to critically consider the human conditions they share with the marginalized and move them toward more ethical coalitions. I hope you enjoy listening as much as I enjoyed chatting with Sharon about this fascinating book. Connect with me on Twitter, Instagram, and Facebook for interview previews, the best book selfies, and new episode alerts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Brian Greene is a Professor of Mathematics and Physics at Columbia University in the City of New York, where he is the Director of the Institute for Strings, Cosmology, and Astroparticle Physics, and co-founder and chair of the World Science Festival. He is well known for his TV mini-series about string theory and the nature of reality, including the Elegant Universe, which tied in with his best-selling 2000 book of the same name. In this episode, we talk about his latest popular book Until the End of Time: Mind, Matter, and Our Search for Meaning in an Evolving Universe (Random House, 2020) Until the End of Time gives the reader a theory of everything, both in the sense of a “state of the academic union”, covering cosmology and evolution, consciousness and computation, and art and religion, and in the sense of showing us a way to apprehend the often existentially challenging subject matter. Greene uses evocative autobiographical vignettes in the book to personalize his famously lucid and accessible explanations, and we discuss these episodes further in the interview. Greene also reiterates his arguments for embedding a form of spiritual reverie within the multiple naturalistic descriptions of reality that different areas of human knowledge have so far produced. John Weston is a University Teacher of English in the Language Centre at Aalto University, Finland. His research focuses on academic communication. He can be reached at [email protected] and @johnwphd. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When we think of democracy, we typically think of voting; and when we think of voting, we ordinarily have elections and campaigns in minds. In this intuitive sense, voting is a matter of casting a ballot. After Election Day, votes are counted, and, typically, the majority rules. But things really aren’t so simple. For one thing, citizens bring differing levels of information and ignorance into the voting booth. What’s more, famous mathematical analyses cast doubt on the very idea of a majority will. Given this, what are we to make of democracy? In Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, 2020), Ilya Somin defends the idea that foot voting is an essential element of political freedom and democratic governance. Foot voting is the capacity of individuals to move to the jurisdiction or nation whose government most suits their preferences, or to select their favoured providers of various services. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A stark disparity exists between black and white youth experiences in the justice system today. Black youths are perceived to be older and less innocent than their white peers. When it comes to incarceration, race trumps class, and even as black youths articulate their own experiences with carceral authorities, many Americans remain surprised by the inequalities they continue to endure. In Presumed Criminal: Black Youth and the Justice System in Postwar New York (NYU Press, 2019), Carl Suddler brings to light a much longer history of the policies and strategies that tethered the lives of black youths to the justice system indefinitely. The criminalization of black youth is inseparable from its racialized origins. In the mid-twentieth century, the United States justice system began to focus on punishment, rather than rehabilitation. By the time the federal government began to address the issue of juvenile delinquency, the juvenile justice system shifted its priorities from saving delinquent youth to purely controlling crime, and black teens bore the brunt of the transition. In New York City, increased state surveillance of predominantly black communities compounded arrest rates during the post–World War II period, providing justification for tough-on-crime policies. Questionable police practices, like stop-and-frisk, combined with media sensationalism, cemented the belief that black youth were the primary cause for concern. Even before the War on Crime, the stakes were clear: race would continue to be the crucial determinant in American notions of crime and delinquency, and black youths condemned with a stigma of criminality would continue to confront the overwhelming power of the state. Adam McNeil is a PhD Student in History at Rutgers University-New Brunswick. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Statelessness and Contemporary Enslavement (Routledge, 2020) bridges current policy debates around citizenship, states, and nations, and theoretical analysis of issues of belonging, consent, and freedom. Jane A. Gordon, Director of Graduate Studies and Associate Professor of Political Science at the University of Connecticut, weaves together the complexities of statelessness, emphasizing that those who are often stateless are so within the nation in which they live, and contemporary enslavement, which is often connected to and the result of labor exploitation and neoliberal economic shifts. These two frameworks of vulnerability are also woven together through changes in western approaches to political and economic policies, the results of which have led to more pronounced precarity and inequality. Gordon’s analysis digs into the concept of exclusion, and through this lens, she is able to consider these parallel but distinct positions in which individuals find themselves. For the stateless, the issue is often that a nation has changed or shifted policies that then create stateless individuals of those who had been citizens. Refugees and immigrants are also part of this analysis, but Gordon highlights the particular difficulty of those who experience a change in their status within their home country, thus leaving them stateless and vulnerable to exploitation. Contemporary enslavement, which follows and mirrors the global political economy, is coupled with statelessness in Gordon’s analysis because these same forces that create statelessness also provide opportunities to exploit equally vulnerable individuals, often entrapping and enslaving them for their labor. Statelessness and Contemporary Enslavement explores the intersectionality of those most often found to be enslaved or stateless: women, and racial and ethnic minorities. This book helps to guide the reader through political theory and political economy to understand the current situations and to unpack the policy changes—both public and private—in the global north and west that gave rise to these conditions. The analysis of both statelessness and enslavement compels us to consider the concept of consent—a fraught idea which is itself controversial in so many contemporary conversations—which should be the foundation of our thinking of constructive alternatives, especially institutions of political belonging. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When Britain went to war in 1914, policemen throughout Great Britain found themselves called upon to perform an ever-increasing range of new tasks that reflected the expanded power of the British state in wartime. In Policing the Home Front, 1914-1918: The Control of the British Population at War (Routledge, 2018), Mary Fraser details the challenges these officers faced and how they worked to carry out their increased responsibilities in straitened circumstances. As Fraser notes, the war imposed new burdens upon the police from the start, as many men quit their posts in order to enlist in the armed forces. To compensate for their absence, auxiliaries were enlisted and women found themselves employed in policing for the first time. These officers were needed as the police were expected to perform a number of new duties, from the administration of wartime separation allowances to dealing with the expanded problems of prostitution, alcohol regulation and youth crime, many of which reflected an expectation by the government that the police could fill much of the void created by the absence of so many men who were serving at the front. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The areas of the Law and psychoanalysis overlap in interesting and compelling fashion in the new book, Psychoanalysis, Law, and Society (Routledge, 2019) edited by Adrienne Harris and Plinio Montagna. The book is far reaching and covers where the law and psychoanalysis intersect in diverse areas such as family dynamics, feminism, philosophy and the environment. The authors included here are international experts with experience with the law and the consulting room. In this interview I was able to speak with several of them, Harris, Montagna, Laura Orsi and Elizabeth Allured, and we engaged in a lively discussion that also addresses the current Covid-19 crisis. This is a relevant book that will help therapists to incorporate legal ideas and philosophy into their everyday clinical practice. You can reach Christopher Bandini at @cebandini. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Adam M. Sowards is professor of history at the University of Idaho and a leading environmental historian. His new book, An Open Pit Visible from the Moon: The Wilderness Act and the Fight to Protect Miners Ridge and the Public Interest (University of Oklahoma Press, 2020), builds on his recent biography of Supreme Court Justice William O. Douglas to describe what happened when a major copper corporation set out its plans to establish a massive mine in Washington state. With the Wilderness Act (1964) unable to protect this area of outstanding beauty, conservationists set out to apply moral rather than legal strategies of resistance. This excellent new book shows how ordinary citizens banded together to achieve what the law could not – and how market forces ultimately worked to save Miners Ridge. Crawford Gribben is a professor of history at Queen’s University Belfast. His research interests focus on the history of puritanism and evangelicalism, and he is the author most recently of John Owen and English Puritanism (Oxford University Press, 2016). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Yaacov Yadgar discusses his new book, Israel’s Jewish Identity Crisis: State and Politics in the Middle East (Cambridge University Press, 2020) with Peter Bergamin. An important and topical contribution to the field of Middle East studies, this innovative, provocative, and timely study tackles head-on the main assumptions of the foundation of Israel as a Jewish state. Theoretically sophisticated and empirically rich, Yaacov Yadgar provides a novel analysis of the interplay between Israeli nationalism and Jewish tradition, arriving at a fresh understanding of the Israeli-Palestinian conflict through its focus on internal questions about Israeli identity. By critiquing and transcending the current discourse on religion and politics in Israel, this study brings to an international audience debates within Israel that have been previously inaccessible to non-Hebrew speaking academics. Featuring discussions on Israeli jurisprudence, nation-state law, and rabbinic courts, Israel's Jewish Identity Crisis will have far-reaching implications, not only within the state of Israel but on politics, society and culture beyond its borders. Yaacov Yadgar is the Stanley Lewis Professor of Israel Studies at the University of Oxford. He has written extensively on matters of Jewish identity, nationalism, secularism, modernity and tradition in Israel. He is the author of Sovereign Jews: Israel, Zionism, and Judaism (2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Political Fallout: Nuclear Weapons Testing and the Making of a Global Environmental Crisis (Stanford University Press, 2020), Toshihiro Higuchi presents a history of the 1963 Partial Test Ban Treaty, by which the then-nuclear powers, US, USSR, and UK, agreed to cease, among other things, the atmospheric testing of nuclear weapons, largely moving such tests underground (the Chinese and French continued atmospheric tests in subsequent decades). Higuchi examines the development of knowledge about nuclear fallout, the dissemination and often suppression (mostly by governments of the nuclear powers) of that knowledge during the eighteen years book-ended by the 1945 Trinity Test and the signing of the 1963 Treaty. Political Fallout also considers the legacy of the Partial Test Ban Treaty, which reduced fallout but was followed by an accelerated arms race and buildup of nuclear arsenals. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today’s right wing media has a long history that is largely unknown to its current listeners. In The Radio Right: How a Band of Broadcasters Took on the Federal Government and Built the Modern Conservative Movement (Oxford University Press, 2020), Paul Matzko details its emergence in the 1950s and the response to its rise by some of the leading political and religious institutions of the era. As Matzko explains, the origins of postwar conservative media lay in the broader changes taking place in broadcasting in 1950s. As the major networks shifted their focus from radio to television, local radio stations were eager to find programmers willing to pay to put programs on the air. This gave conservative religious broadcasters such as Carl McIntire and Billy James Hargis an opportunity to spread their message to a nationwide audience. Fearing the growing influence of commentators organizing against their policies, the Kennedy administration sought to use such means as the previously underdeveloped Fairness Doctrine to constrain it. Working in conjunction with the National Council of Churches, they placed growing pressure on the broadcasters – particularly the acerbic McIntire – in an ultimately successful effort to undermine their nationwide stature. Yet while McIntire’s radio ministry was gone by the early 1970s, his example was followed a decade later by others who took advantage of broadcast deregulation in the late 1970s and 1980s to launch the modern era of conservative broadcasting. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

John Hervey Wheeler (1908–1978) was one of the civil rights movement's most influential leaders. In articulating a bold vision of regional prosperity grounded in full citizenship and economic power for African Americans, this banker, lawyer, and visionary would play a key role in the fight for racial and economic equality throughout North Carolina. Utilizing previously unexamined sources from the John Hervey Wheeler Collection at the Atlanta University Center Robert W. Woodruff Library, Brandon K. Winford's John Hervey Wheeler, Black Banking, and the Economic Struggle for Civil Rights (University Press of Kentucky, 2019) explores the black freedom struggle through the life of North Carolina's most influential black power broker. After graduating from Morehouse College, Wheeler returned to Durham and began a decades-long career at Mechanics and Farmers (M&F) Bank. He started as a teller and rose to become bank president in 1952. In 1961, President Kennedy appointed Wheeler to the President's Committee on Equal Employment Opportunity, a position in which he championed equal rights for African Americans and worked with Vice President Johnson to draft civil rights legislation. One of the first blacks to attain a high position in the state's Democratic Party, Wheeler became the state party's treasurer in 1968, and then its financial director. Wheeler urged North Carolina's white financial advisors to steer the region toward the end of Jim Crow segregation for economic reasons. Straddling the line between confrontation and negotiation, Wheeler pushed for increased economic opportunity for African Americans while reminding the white South that its future was linked to the plight of black southerners. Today I talked to Brandon K. Winford Dr. Brandon K. Winford is an assistant professor of history at the University of Tennessee. He is a historian of the late-nineteenth and twentieth-century United States and African American history with areas of specialization in civil rights and black business history. Adam McNeil is a PhD Student in colonial and revolutionary-era Black women’s history. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In One Mighty and Irresistible Tide: The Epic Struggle Over American Immigration, 1924–1965 (W. W. Norton & Company, 2020), Jia Lynn Yang recounts the personalities and debates that brought about the 1965 Immigration and Nationality Act, which forms the foundation for modern U.S. immigration policy. Undoing the xenophobic national origins quotas enshrined in the 1924 Immigration Act required an epic, forty-year struggle against nativist concerns about the economy and national security, as well as racist and anti-Semitic impulses that continue to plague American society today. Drawing on key scholarly monographs as well as her own research in archives like the LBJ Presidential Library and the Library of Congress, Yang’s narrative is full of larger-than-life characters. Some, like Lyndon B. Johnson and John F. Kennedy, will be familiar with readers. Others, like Congressman Emmanuel Celler of New York and Japanese American Citizens League national secretary Mike Masaoka, are well-known but less well understood. By following their negotiations through the halls of Congress and the White House, Yang captures the contingency that shows how difficult and improbable immigration reform was to achieve. Yang concludes by issuing a call for immigrants and their descendants to “articulate a new vision for the current era, one that embraces rather than elides how far America has drifted from its European roots.”. Jia Lynn Yang is the deputy national editor at The New York Times. Ian Shin is assistant professor of History and American Culture at the University of Michigan. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What do you think about these days when you hear the words, “Supreme Court?” Salacious news coverage of the confirmation hearings of Brett Kavanaugh? Gushing profiles of feminist icon Ruth Bader Ginsburg? High school and vaguely recalled lectures about cases the details of which you dutifully read (or didn’t and flunked the test on) like McCulloch v. Maryland or Marbury v. Madison? Or, in this age on the Coronavirus and the sudden need to determine as a citizen what the respective powers of governors and presidents are in times of crisis, are you suddenly aware that a grasp of seemingly arcane terms like “enumerated powers” is imperative for each and every one of us and not just constitutional scholars? Are you suddenly out of a job and thinking now of attending law school and are not sure you could master the material? Have you suddenly found yourself homeschooling a bright late adolescent in need of a text and an associated online resource about the key legal cases that have determined our destiny as a nation and affect virtually every aspect of our individual lives? Do you simply want a solid but approachable book that provides vignettes of crucial moments of American legal, social and political history? Want to know under what pretexts a local government can seize your house? Have I got the book and online study guide for you: An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know (Wolter Kluwer, 2019) by Josh Blackman and Randy E. Barnett—published in 2019. Randy Barnett is one of the leading constitutional scholars of our time. He and his co-author Blackman have boiled down to a handy hundred what they believe are the cases that most matter—some of which are notorious (or what they term, “anti-canonical”). Let’s see if you agree with their picks. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sonali Chakravarti, Associate Professor of Political Science at Wesleyan University, has written a thoughtful analysis of the role of the jury in American democracy, with specific attention to the way that the jury experience can provide the structure for more substantive civic engagement. Part of the impetus for this study comes out of the more recent controversial decisions made by juries in a variety of high-profile cases in the United States. The research also evolved out of Chakravarti’s earlier work on the South African Truth and Reconciliation Commission and how citizens were incorporated into the process of transitional justice and engagement in democratic spaces. In Radical Enfranchisement in the Jury Room and Public Life (University of Chicago Press, 2020), Chakravarti argues that the jury room is an important democratic space that is generally ignored as an opportunity to engage citizens in active participation in and with the law. Because we generally are not trained or taught about the actual process we will encounter as jurors, outside of popular culture renderings, we rarely enter into the process with knowledge about either the law itself, or the role that juries can play in their decisions, not only with regard to the case in front of them but also in regard to the legitimacy of the laws themselves. Chakravarti follows up on Alexis de Tocqueville’s praise of the American jury system, while pushing beyond Tocqueville’s admiration to suggest that the jurors themselves can be radically enfranchised as citizens on the jury. Jurors can be better prepared to serve and thus can more fully engage this democratic space if they had more education about the process itself and their capacities inside the jury room. Chakravarti charts both the history of the jury process in the United States, and the various ways that juries have changed how they operate and behave within the parameters of the legal system. This is a fascinating examination of an often obscured but important democratic space. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Consider a couple with an infant (or two) whose lives have become so harried and difficult the marriage is falling apart. Would it be ethical for them to take oxytocin to help them renew their emotional bonds, or would this be an unethical evasion of the hard work that keeping a marriage going requires? What if someone has sexual desires that they consider immoral – should they be able to take a drug to suppress those desires, or alternatively can society force them to? Debates about the ethics of using drugs for enhancement rather than treatment usually focus on the individual, such as doping in sports. In Love Drugs: The Chemical Future of Relationships (Stanford University Press, 2020), Brian Earp and Julian Savulescu consider the case for using drugs to alter our love relationships. Earp, who is Associate Director of the Yale-Hastings Program in Ethics and and Health Policy at Yale University, and Savulescu, the Uehiro Chair in Practical Ethics at the University of Oxford, note that drugs that alter sexual desire and attachment are already available, although are restricted or illegal. What is needed, they argue, is more research into the interpersonal effects of drugs, and more discussion of the ethics of their use for non-medical purposes. Let’s turn to a fascinating interview on a complex topic with no easy answers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his book Fatal Love: Spousal Killers, Law, and Punishment in the Late Colonial Spanish Atlantic (Stanford University Press 2016), Victor Uribe-Urán compares the cases of Spain, and the late-colonial societies of Mexico and Colombia, in a historical moment characterized by corporate patriarchy and enlightened punishment. Focusing on crimes of spousal murders, Uribe-Urán asks intriguing questions: who were the men and women that committed these crimes, and what were their reasons for doing so? How did the law, both royal and ecclesiastical, responded to such murders? In which instances did the monarch decide to forgive or show leniency, and when did justice opt for harsher punishment? In answering these questions, Uribe-Urán challenges some traditional notions of how honor is supposed to work in Iberian societies. Also, he contributes to a growing scholarship that demonstrates that far from being secluded in their homes, women in colonial Spanish America had active public lives. This book is a fascinating read for those interested in Atlantic history, and also, for those who want to understand the long history of domestic and gender violence. As Uribe-Urán tells us by the end, domestic violence is the most widespread human right’s violations today; histories of this phenomenon, widespread and pervasive, are necessary for our contemporary quest for truly making domestic violence the serious crime that it really is. Lisette Varón-Carvajal is a PhD student at Rutgers University-New Brunswick. You can tweet her and suggest books at @LisetteVaron Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Hong Kong in 2019 was a city on fire. Anti-government protests, sparked by an ill-fated extradition bill sparked seven months of protest and civil unrest. Protestors clashed with police in the streets, in shopping malls, in residential buildings. Driven by Hong Kong’s young people with their ‘Be Water!’ strategy, the pro-democracy movement grew into a massive force, receiving support from all demographics – from the ‘silver-hairs’, to mothers, from healthcare workers, to journalists and bankers, the ongoing protests polarized the community and changed the urban city space, likely forever. In City on Fire: The Fight for Hong Kong (Scribe, 2020), Antony Dapiran builds on his previous work City of Protest. He explores the 2019 protest movement, how it has changed the city and what Hong Kong means for the world. Dapiran gets you as close to the action as you can be, without having to experience the direct effects of being tear-gassed. This is a must read for anyone interested Hong Kong, China, democracy and human rights. It is a lesson in policing, in protest, and the power of political mobilization. It is a page turner that is essential to understanding Hong Kong’s ‘revolution of our times.’ Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality and criminal law. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong protests. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In German law, a person strongly suspected of having committed a crime can be placed in pretrial detention; but a certain percentage of such people are ultimately acquitted. In this podcast, Dr. Jorg Kinzig, Director of the Institute of Criminology, University of Tubingen, discusses his explorations of why this is. What do acquittals entail? Does Germany need a system and policy change? Dr. Kinzig speaks based on his paper “The Acquittal (After Pretrial Detention)—a Rare but Fascinating Phenomenon of the Criminal Justice System”, published in Brill’s European Journal of Crime, Criminal Law, and Criminal Justice. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Punjab was the arena of one of the first major armed conflicts of post-colonial India. During its deadliest decade, as many as 250,000 people were killed. This book makes an urgent intervention in the history of the conflict, which to date has been characterized by a fixation on sensational violence—or ignored altogether. In her book Faith, Gender, and Activism in the Punjab Conflict: The Wheat Fields Still Whisper (Palgrave Macmillan, 2019), Mallika Kaur unearths the stories of three people who found themselves at the center of Punjab’s human rights movement: Baljit Kaur, who armed herself with a video camera to record essential evidence of the conflict; Justice Ajit Singh Bains, who became a beloved “people’s judge”; and Inderjit Singh Jaijee, who returned to Punjab to document abuses even as other elites were fleeing. Together, they are credited with saving countless lives. Braiding oral histories, personal snapshots, and primary documents recovered from at-risk archives, Kaur shows that when entire conflicts are marginalized, we miss essential stories: stories of faith, feminist action, and the power of citizen-activists. Sneha Annavarapu is a doctoral candidate in the Department of Sociology at the University of Chicago. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

As British colonial rulers expanded their control in South Asia legal resolutions were increasingly shaped by the English classification of social life. The definitional divide that structured the role of law in most cases was the line between what was deemed religious versus secular. In Governing Islam: Law, Empire, and Secularism in Modern South Asia (Cambridge University Press, 2018), Julia Stephens, Assistant Professor in the Department of History at Rutgers University, examines how Islam and Muslims were regulated within legal domains that managed various spheres of life. British rule determined that religious laws were most effective in governing family affairs but secular laws would govern markets and transactions. What complicated this simple binary was that Islamic “personal law” was very often bound up with economic issues. In our conversation we discuss British notions of “secular governance,” marriage and women’s property, the role of custom in legal reasoning, rulings around ritual and challenges to conformity, the construction of “personal law,” the relationships between colonial judges and Muslim legal scholars, how colonial law contributed to women’s economic marginalization, the relationship between gender and Islamic law, tensions between Hindus and Muslims, and how South Asia’s past can help us think about the present. Kristian Petersen is an Assistant Professor of Philosophy & Religious Studies at Old Dominion University. You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Sexual States: Governance and the Struggle over the Antisodomy Law in India (Duke UP, 2016), Jyoti Puri tracks the efforts to decriminalize homosexuality in India to show how the regulation of sexuality is fundamentally tied to the creation and enduring existence of the state. Since 2001 activists have attempted to rewrite Section 377 of the Indian Penal Code, which in addition to outlawing homosexual behavior is often used to prosecute a range of activities and groups that are considered perverse. Having interviewed activists and NGO workers throughout five metropolitan centers, investigated crime statistics and case law, visited various state institutions, and met with the police, Puri found that Section 377 is but one element of how homosexuality is regulated in India. Through a cleverly conceptualized multi-sited ethnography and rigorous historical analysis, Puri masterfully shows how the hypervisibility of Section 377 has consequences for the ways in which sexuality, and the regulation of sexuality, is imagined and reproduced in rationalities of governance.This statute works alongside the large and complex system of laws, practices, policies, and discourses intended to mitigate sexuality's threat to the social order while upholding the state as inevitable, legitimate, and indispensable. By highlighting the various means through which the regulation of sexuality constitutes India's heterogeneous and fragmented "sexual state," Puri provides a conceptual framework to understand the links between sexuality and the state more broadly. That it does so in the context of a postcolonial state like India makes the conceptual framework even more vibrant and provocative. This book is an invaluable contribution to the existing literature that delves into the paradoxes and possibilities of law, biopolitics, and state power and authority in everyday life. Sneha Annavarapu is a doctoral candidate in the Department of Sociology at the University of Chicago. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Cars are among our most ubiquitous technologies; one could say that the cultural lore of the postwar United States is written in tire marks. But as much as they have been a vehicle for liberation and expression, historian Lee Vinsel argues that automobiles have been shaped by government regulation through and through. In Moving Violations: Automobiles, Experts, and Regulations in the United States (Johns Hopkins University Press, 2019), Vinsel combats the free market doctrine that auto regulation is fundamentally opposed to innovation. In part, he does this by historicizing the animus against regulation and the “innovation speak” that emerged in its wake. But the book itself makes a compelling argument for how the automobile has always been perceived by voluntary associations and governing bodies as a risk in need of taming. These shifting perceptions formed the basis for infrastructures that made the car into a more dependable, safer, and cleaner technology. Vinsel’s engaging narrative provides a model for studying technology and governance in the postwar U.S. in which policy instruments, built environments, and constructions of the human subject all share the road. Mikey McGovern is a PhD candidate in Princeton University’s Program in the History of Science. He is writing a dissertation on how people used discrimination statistics to argue about rights in 1970s America, and what this means for histories of bureaucracy, quantification, law, politics, and race. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Beginning with Etan Patz's disappearance in Manhattan in 1979, a spate of high-profile cases of missing and murdered children stoked anxieties about the threats of child kidnapping and exploitation. Publicized through an emerging twenty-four-hour news cycle, these cases supplied evidence of what some commentators dubbed "a national epidemic" of child abductions committed by "strangers." In Stranger Danger: Family Values, Childhood, and the American Carceral State (Oxford University Press, 2020), Paul M. Renfro narrates how the bereaved parents of missing and slain children turned their grief into a mass movement and, alongside journalists and policymakers from both major political parties, propelled a moral panic. Leveraging larger cultural fears concerning familial and national decline, these child safety crusaders warned Americans of a supposedly widespread and worsening child kidnapping threat, erroneously claiming that as many as fifty thousand American children fell victim to stranger abductions annually. The actual figure was (and remains) between one hundred and three hundred, and kidnappings perpetrated by family members and acquaintances occur far more frequently. Yet such exaggerated statistics-and the emotionally resonant images and narratives deployed behind them-led to the creation of new legal and cultural instruments designed to keep children safe and to punish the "strangers" who ostensibly wished them harm. Ranging from extensive child fingerprinting drives to the milk carton campaign, from the AMBER Alerts that periodically rattle Americans' smart phones to the nation's sprawling system of sex offender registration, these instruments have widened the reach of the carceral state and intensified surveillance practices focused on children. Stranger Danger reveals the transformative power of this moral panic on American politics and culture, showing how ideas and images of endangered childhood helped build a more punitive American state. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Howard Friedman's new book Ultimate Price: The Value We Place on Life (University of California Press, 2020) should be required reading for anyone sitting down to watch the evening news. The Covid-19 crisis is, unfortunately, a new broad-based instance in the valuation of human life. And I do mean value: in terms of cash dollars. Ultimate Price covers the ways that companies, courts, nations, and individuals have come to put a price tag on individual existence. While the book was written prior to the current situation, it provides an excellent starting point to understand what we are observing as governments, companies, healthcare providers, and individuals make life-and-death decisions. Daniel Peris is Senior Vice President at Federated Investors in Pittsburgh. Trained as a historian of modern Russia, he is the author most recently of Getting Back to Business: Why Modern Portfolio Theory Fails Investors. You can follow him on Twitter @HistoryInvestor or at http://www.strategicdividendinvestor.com Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

“Never again!” This was the rallying cry, seemingly universal and unanimous, among liberal nation-states as they formed the United Nations (UN) in 1945 and later signed the UN Declaration on Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide in 1948. Emerging from the ashes of a global war that took some 60 million lives, and after witnessing the atrocities of Nazi Germany, a worldwide community appeared resolute in its commitment to not only condemn, but to also strive to prevent future “crimes against humanity.” In The Refugee Challenge in Post-Cold War America (Oxford University Press, 2017), María Cristina García evaluates how the end of the Cold War brought new and unanticipated challenges to upholding this commitment from 1989 to the present. Through nine case studies that examine the central actors, debates, policies, and conflicts that have shaped the U.S. response to humanitarian crises in the post-Cold War era, Dr. García explains the tensions that exist between different branches of government, the increasing importance of advocacy work by the humanitarian community, and the emergence of a deeply complicated asylum bureaucracy. Weighing the competing forces of fear and advocacy, García skillfully demonstrates the obsoleteness of the current definition of “refugee” in US statute. In its place, she argues for historically informed policies that address the realities of displacement in today’s world. David-James Gonzales (DJ) is Assistant Professor of History at Brigham Young University. He is a historian of migration, urbanization, and social movements in the U.S., and specializes in Latina/o/x politics. Follow him on Twitter @djgonzoPhD. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Incivility in our public discourse is limiting our ability to get things done as a nation and preventing us from expressing ourselves in workplaces and classrooms for fear of offending those with real or imagined historical grievances or even merely strongly held views. If you agree with that, then Adam J. MacLeod’s book The Age of Selfies: Reasoning About Rights When the Stakes Are Personal (Rowman & Littlefield, 2020) is the book for you. Alternatively, if you think such fears are overblown and just a nefarious argument advanced by a self-serving elite to justify a return to establishment rule this is likewise the book for you. Why both audiences? Because this important volume is all about how to go about thinking and reasoning and the role morality plays in those processes. In his book, MacLeod argues that due to the decline in moral education young people he dubs “selfies” have entered academia and the workplace without moral cores and are so riven with narcissism and a sense of entitlement that they are unable to think of the common good and are quick to take umbrage at any sort of questioning of their own personal preferences. According to MacLeod, a return to a larger place for openly moral arguments will enrich American life and enhance governance. To MacLeod, the misguided view of past decades that morality should play no part in policy making and that strict neutrality should be observed in the public square has only resulted in an acrimony-generating impoverishment of ideas and options. He suggests that the legal and philosophical concept of natural law can heal the ailing body politic and help soften divisions--or at least clarify, in a civilized way, what is at stake. In short, he wants us to learn how to “disagree well.” Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The ubiquity of technology that collects massive volumes of all kinds of data lends itself to one overarching question: “What?” As in what is the purpose(s) of this collection? What are the benefits? And, what are the impacts? In his new book, Too Smart: How Digital Capitalism is Extracting Data, Controlling Our Lives, and Taking Over the World (MIT Press, 2020), Jathan Sadowski explores this question and those related in an investigation of the expansion of “smart” technologies – networked devices enabling automated data collection and use. In exploring the interests inherent in the design and deployment of smart technology, Sadowski, a Research Fellow in the Emerging Technologies Research Law at Monash University, investigates the political economy of digital capitalism, and the implications of continued reliance on and permeation of smart technology. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Have you ever thought about how much energy goes into avoiding sexual violence? The work that goes into feeling safe goes largely unnoticed by the women doing it and by the wider world, and yet women and girls are the first to be blamed the inevitable times when it fails. We need to change the story on rape prevention and ‘well-meaning’ safety advice, because this makes it harder for women and girls to speak out, and hides the amount of work they are already doing trying to decipher ‘the right amount of panic’. With real-life accounts of women’s experiences, and based on the author’s original research on the impact of sexual harassment in public, this book challenges victim-blaming and highlights the need to show women as capable, powerful and skillful in their everyday resistance to harassment and sexual violence. In this interview, Dr. Fiona Vera-Gray and I discuss the fear of crime paradox, factors that contribute to fear of crime, the concept of safety work, and how we can move forward in combating sexual harassment and violence against women. I recommend this book for anyone interested in gender, victimology, women’s practices of safety work and experiences with sexual harassment and sexual violence. I thoroughly enjoyed our conversation about such important work. Dr. Fiona Vera-Gray, author of The Right Amount of Panic: How Women Trade Freedom for Safety (Polity Press, 2018). Dr. Vera-Gray is a researcher based at Durham University working on violence against women and girls. She has over a decade of frontline experience in sexual violence and has written widely on the topics of sexual violence, sexual harassment, women’s safety work, and sexual violence prevention. You can find her on Twitter at @VeraGrayF. Krystina Millar is a PhD student in the Department of Sociology at Indiana University. Her research interests include gender, sociology of the body, and sexuality. You can find her on Twitter at @KrystinaMillar. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What happens when a court tries to become a “new” court? What happens to the many artifacts of its history—previous laws and jurisprudence, the building that it inhabits, the people who weave in and out of it? This is the question that grounds Alex Jeffrey’s new book, The Edge of Law: Legal Geographies of a War Crimes Court (Cambridge University Press, 2020), which explores the making of the Court of Bosnia and Herzegovina. Through extensive engagements with the different actors working in and around the Court, as well as with the Court itself, Jeffrey shows how the law is productive of many different edges, which are themselves both practical (in the sense that they reflect real-world conditions) and idealized (in the sense that they allow the law to take responsibility for some things but not others). By looking at the ways that a court that is imagined to be above the small concerns of the world that it inhabits must, in fact, encounter those small concerns, Jeffrey is able to shine light on the ways that courts, too, are socialized. Dino Kadich is a PhD student at the University of Cambridge. You can follow him on Twitter, @dinokadich. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Slavery and the University: Histories and Legacies (University of Georgia Press, 2019), edited by Leslie M. Harris, James T. Campbell, and Alfred L. Brophy, is the first edited collection of scholarly essays devoted solely to the histories and legacies of this subject on North American campuses and in their Atlantic contexts. Gathering together contributions from scholars, activists, and administrators, the volume combines two broad bodies of work: (1) historically based interdisciplinary research on the presence of slavery at higher education institutions in terms of the development of proslavery and antislavery thought and the use of slave labor; and (2) analysis on the ways in which the legacies of slavery in institutions of higher education continued in the post–Civil War era to the present day. The collection features broadly themed essays on issues of religion, economy, and the regional slave trade of the Caribbean. It also includes case studies of slavery’s influence on specific institutions, such as Princeton University, Harvard University, Oberlin College, Emory University, and the University of Alabama. Though the roots of Slavery and the University stem from a 2011 conference at Emory University, the collection extends outward to incorporate recent findings. As such, it offers a roadmap to one of the most exciting developments in the field of U.S. slavery studies and to ways of thinking about racial diversity in the history and current practices of higher education. Today I spoke with Leslie Harris about the book. Dr. Harris is a professor of history at Northwestern University. She is the coeditor, with Ira Berlin, of Slavery in New York and the coeditor, with Daina Ramey Berry, of Slavery and Freedom in Savannah (Georgia). Adam McNeil is a History PhD student at Rutgers University-New Brunswick. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

"Man is born free, and everywhere he is in chains." The opening sentence of 18th century philosopher Jean-Jacques Roussau's The Social Contract poses a central question for all of us. Why do we live under conditions of inequality, violence, dependency and general unhappiness (just look on twitter!) if society is made by us and for us? Why does it seem that modern human beings are not liberated but in fact subjugate themselves voluntarily to a system that robs them off their freedom? Rousseau's thought has informed much of modern political theory and philosophy and inspired people everywhere to think about the balance between individual liberty and collective existence. In order to understand better the lasting influence of Rousseau and his current significance, I spoke with Melissa Schwartzberg, who is Silver Professor of Politics at New York University and a specialist in political theory. Melissa's research is in the historical origins and normative logic of democratic institutions. This means she examines the principles underlying democracies and also the way democratic practices, from constitutions to elections, work out today. Professor Schwartzberg is the author of several books: Counting the Many: The Origins and Limits of Supermajority Rule, and Democracy and Change (Cambridge University Press, 2013). Uli Baer is a professor at New York University. He is also the host of the excellent podcast "Think About It" Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We live in an interconnected world. People, goods, and services leap across borders like never before. Terrorist organizations, like al-Qaida, and digital platforms, like Facebook, have gone global. But, if problems straddle different national jurisdictions, how do regulation and enforcement even happen? Of Privacy and Power: The Transatlantic Struggle over Freedom and Security (Princeton University Press, 2019) is a timely and wise analysis of globalization and how it has fundamentally transformed governance. Digging into transatlantic relations, Abraham Newman and Henry Farrell show how American and European businesses, activists and policymakers have fought over and decided security and data policy. The book is also a call to action for their fellow IR scholars to study, what Newman and Farrell call, “the international politics of information.” Given the significance of data politics and misinformation campaigns to our present moment, I hope they listen. Dexter Fergie is a PhD student of US and global history at Northwestern University. He is currently researching the 20th century geopolitical history of information and communications networks. He can be reached by email at [email protected] or on Twitter @DexterFergie. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The myth of Jews killing Christian children emerged in 1144 CE, with the death of a boy named William in Norwich, England. Over the course of several centuries, this myth gained traction and became firmly rooted throughout medieval and early modern Europe. In Blood Libel: On the Trail of an Antisemitic Myth (Harvard University Press, 2020), Magda Teter traces the history of this myth and analyzes how accusations of ritual murder have followed Jews from the 12th century to the contemporary period. Magda Teter is Professor of History and Shvidler Chair in Judaic Studies at Fordham University. Lindsey Jackson is a PhD student at Concordia University in Montreal, Canada. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Obedience is integral to the military, to society, and to communities. To bring individuals together to work cohesively and successfully towards a common goal, be it seizing an objective on the battlefield, creating an enduring political or social project, or simply running a local soup kitchen, obedience must be present. But how many of us, whether soldiers or civilians, ever stop to consider just what obedience is? Is obedience a core military virtue? Is it a core civilian virtue, and if so why? Why should soldiers or citizens be obedient? When should they be disobedient? And how might or should conflicting or overlapping obediences influence the conduct of modern American citizen-soldiers? These questions are the driving force behind Pauline Shanks Kaurin's nuanced, insightful meditation on the nature of obedience, On Obedience: Contrasting Philosophies for the Military, Citizenry, and Community (Naval Institute Press, 2020). Dr. Kaurin convincingly argues that our current understanding of obedience is incomplete. While legal and pragmatic definitions abound, few have substantively addressed obedience's moral dimensions. Kaurin offers a welcome corrective to this oversight, forcefully advocating for the cultivation of "critical obedience" in the military, in civil society, and in our communities. An important wok in the field of military ethics, On Obedience provides a robust framework for thinking not only about our future as soldiers and citizens, but about how obedience, as a social and cultural factor, shaped our shared political and military past. Pauline Shanks Kaurin holds a PhD in Philosophy from Temple University, with a specialization in military ethics, just war theory, and applied ethics. Currently, she is a Professor of Professional Military Ethics at the US Naval War College. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Franz Neumann was a member of a generation that saw the end of the Kaiserreich and the beginnings of a democratic republic carried by the labor movement. In Neumann's case, this involved a practical and professional commitment, first, to the trade union movement and, second, to the Social Democratic Party that gave it political articulation. For Neumann, to be a labor lawyer in the sense developed by his mentor, Hugo Sinzheimer, was to engage in a project to displace the law of property as the basic frame of human relations. The defeat of Weimar and the years of exile called many things into question for Neumann, but not the conjunction between a practical democratic project to establish social rights and an effort to find a rational strategy to explain the failures, and to orient a new course of conduct. David Kettler and Thomas Wheatland's new book Learning from Franz L. Neumann (Anthem Press, 2019) pays special attention to Neumann's efforts to break down the conventional divide between political theory and the empirical discipline of political science. Neumann was a remarkably effective teacher in the last years of his life, but he was also a gifted learner, whose negotiations with a series of forceful thinkers enabled him to work toward a promising intellectual strategy in political thinking. Marshall Poe is the editor of the New Books Network. He can be reached at [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her latest book, In Search of Criminal Responsibility: Ideas, Interests, and Institutions (Oxford University Press, 2016), Nicola Lacey brings together philosophical, historical and socio-legal methods to give an account of the ever changing notion of responsibility in criminal law. She distinguishes between ideas of responsibility, which she argues are founded in notions of character, psychological capacity, the causation of harmful outcomes and the presentation of risk. The book draws links between these ideas of responsibility; of the institutions that produce them, and the interests that have shaped both doctrines and institutions. In her analysis of responsibility over time, Nicola demonstrates the functions that criminal law and punishment have been required to perform at different periods in history. Criminal law has moved from notions of character and outcome responsibility in the eighteenth century, through a period dominated by capacity responsibility, which has become established as central in criminal law. More recently, character responsibility is remerging, in combination with a new discourse that is founded in risk. In this discussion, as in her book, Nicola Lacey builds on her previous analysis in Women, Crime and Character (2008) and traces how the criminal law and the notion of responsibility has been gendered throughout history. Responsibility is contextualized in its role as to how it provides legitimation of state power, and also in its role for coordination of social behavior. Responsibility, and the criminal law more broadly, is historically, socially and politically contextualized in terms of practices of criminalization and the social functions that law plays. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality and criminal law. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong protests. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the late nineteenth century, Italians and Eastern European Jews joined millions of migrants around the globe who left their countries to take advantage of the demand for unskilled labor in rapidly industrializing nations, including the United States. Many Americans of northern and western European ancestry regarded these newcomers as biologically and culturally inferior--unassimilable--and by 1924, the United States had instituted national origins quotas to curtail immigration from southern and eastern Europe. In her new book Unwanted: Italian and Jewish Mobilization against Restrictive Immigration Laws, 1882–1965 (UNC Press, 2020), Maddalena Marinari examines how, from 1882 to 1965, Italian and Jewish reformers profoundly influenced the country’s immigration policy as they mobilized against the immigration laws that marked them as undesirable. Strategic alliances among restrictionist legislators in Congress, a climate of anti-immigrant hysteria, and a fickle executive branch often left these immigrants with few options except to negotiate and accept political compromises. As they tested the limits of citizenship and citizen activism, however, the actors at the heart of Marinari’s story shaped the terms of debate around immigration in the United States in ways we still reckon with today. This episode is part of a series featuring legal history works from UNC Press. Support for the production of this series was provided by the Versatile Humanists at Duke program. Maddalena Marinari is Assistant Professor in History; Gender, Women and Sexuality Studies; and Peace Studies at Gustavus Adolphus College. She has published extensively on immigration restriction and immigrant mobilization. Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In early 2019, freshman representative Alexandria Ocasio Cortez and Senator Ed Markey proposed a bold new piece of legislation, now very well known as the Green New Deal. Intended as a means of combating climate change, it stunned a number of people due to its enormous ambition, including massive overhauls of our energy systems, as well as providing housing and healthcare for everyone. Naturally a piece of legislation this large raised a number of questions, which is what my guests today are here to discuss. I recently had the pleasure of talking with Kate Aronoff, Alyssa Battistoni, Daniel Aldana Cohen and Thea Riofrancos, the authors of ​A Planet to Win: Why We Need a Green New Deal​ (Verso, 2019). The book is short and accessible, written for everyone interested in understanding this vital piece of legislation, so if you are like me and you don’t understand the fine details of climate economics, you can still pick this up and gain a sense of what is to be done. The book also features a short forward by Naomi Klein, who has been tracking the relationship between economic and climate politics for some time. Kate Aronoff (@KateAronoff) is a fellow at the Type Media Center and a Contributing Writer at the ​Intercept​. She is the co-editor of ​We Own the Future​ and author of ​The New Denialism​. Her writing has appeared in the ​Guardian​, ​Rolling Stone​, ​Harper’s​, ​In These Times​, and ​Dissent​ Alyssa Battistoni (@alybatt) is a postdoctoral fellow at Harvard University and an editor at Jacobin.​ Her writing has appeared the ​Guardian,​ ​n+1​, ​The Nation​, ​Jacobin,​ ​In These Times​, Dissent​, and the ​Chronicle of Higher Education.​ Daniel Aldana Cohen (@aldatweets) is an assistant professor of sociolgy at the University of Pennsylvania, where he directs the Socio-Spatial Climate Collaborative. His writing has appeared in the ​Guardian​, ​Nature,​ ​The Nation​, ​Jacobin​, ​Public Books​, ​Dissent​, and ​NACLA.​ Thea Riofrancos (@triofrancos) is an assistant professor of political science at Providence College, and is the author of ​Resource Radicals.​ Her writing has appeared in the ​Guardian​, ​n+1​, Jacobin,​ the ​Los Angeles Review of Books​, ​Dissent,​ and ​In These Times​. She serves on the steering committee of DSA’s Ecosocialist Working Group. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Cassia Roth's new book A Miscarriage of Justice: Women’s Reproductive Lives and the Law in Early Twentieth-Century Brazil (Stanford University Press, 2020) examines women's reproductive health in relation to legal and medical policy in Rio de Janeiro, Brazil. After the abolition of slavery in 1888 and the onset of republicanism in 1889, women's reproductive capabilities―their ability to conceive and raise future citizens and laborers―became critical to the expansion of the new Brazilian state. Analyzing court cases, law, medical writings, and health data, Cassia Roth argues that the state's approach to women's health in the early twentieth century focused on criminalizing fertility control without improving services or outcomes for women. Ultimately, the increasingly interventionist state fostered a culture of condemnation around poor women's reproduction that extended beyond elite discourses into the popular imagination. By tracing how legal thought and medical knowledge became cemented into law and clinical practice, how obstetricians, public health officials, and legal practitioners approached fertility control, and how women experienced and negotiated their reproductive lives, A Miscarriage of Justice provides a new way of interpreting the intertwined histories of gender, race, reproduction, and the state―and shows how these questions continue to reverberate in debates over reproductive rights and women's health in Brazil today. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Katherine Franke’s ambitious new book challenges Americans to face our collective responsibility for ongoing racial inequality. Rather than fall back on what Franke calls a “palliative history” that emphasizes granting freedom and rights after the Civil War, Franke insists that Americans acknowledge the failure to provide any meaningful reparation to formerly enslaved people in the 1860s. That failure has ongoing structural effects today. The book replots this history through archival research on two post-war communities in which property ownership produced increased autonomy for freed people. Franke contrasts free and freed – and calls this the dangling ‘d’ the residue of enslavement. Using a myriad of primary documents from the Sea Islands of South Carolina and Davis Bend, Mississippi, Franke details the successes and failures of these communities as they governed and organized their land. Repair demonstrates how government officials recognized the need for reparations (a term they used) and repair in the form of land ownership – an approach later reversed by President Johnson. Repair: Redeeming the Promise of Abolition (Haymarket Books, 2020) reflects on these radical examples of 19th-century reparations in order to contribute to the modern call for reparations. For Franke, the atrocity of slavery is a festering national wound and the examples of history suggest ways in which we might funnel national wealth (though estate taxes) to a fund to empower black ownership and citizenship. Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Most Americans have a limited understanding of the history of segregation in the United States. While many are taught that segregation was as an institution of social control that dominated Southern society, economics, and politics from the late nineteenth century to the middle of the twentieth century, a much smaller proportion realize that Jim Crow policies and practices existed in cities throughout the north and west. In Strategies of Segregation: Race, Residence, and the Struggle for Educational Equality (University of California Press, 2018), David G. García makes a substantial contribution to the history of segregation in the US by examining its implementation and preservation in the city of Oxnard, California from 1903 to 1974. Located about an hour north of Los Angeles, García explains how the “white architects” of Oxnard instituted segregationist policies in housing and education during the initial decades of the twentieth century, which ultimately shaped life chances and outcomes for Mexican Americans. Although de jure segregation of ethnic Mexicans was not permitted in California schools, García uncovers four strategies implemented by local power brokers to accomplish just that. One of the unique features of segregation in Oxnard involved the “school-within-a-school model of racial separation” that was employed by city and district officials in three elementary campuses from 1903-1939. Blurring the distinction between de jure and de facto segregation, García argues that the “systematic subordination” of ethnic Mexicans in Oxnard was accomplished through daily acts of “mundane racism” at the individual and institutional level. Despite efforts to normalize their marginalization, Mexican Americans did not stand idle. Rather, partnering with African Americans in a “shared struggle” against the district’s segregationist policies, parents and community activists filed and won a class-action lawsuit (Soria v. Oxnard School Board of Trustees, 1974) that proved the school board was guilty of intentional de jure segregation and ordered immediate and affirmative remedies to achieve a racially balanced school system. David-James Gonzales (DJ) is Assistant Professor of History at Brigham Young University. He is a historian of migration, urbanization, and social movements in the U.S., and specializes in Latina/o/x politics. Follow him on Twitter @djgonzoPhD. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Defence lawyers in adversarial legal systems are obligated to remain loyal to their clients, irrespective of the client or the crime. In such cases, lawyers are expected to manage inappropriate emotions to ensure conformity to the emotional regime of law, thereby making the job emotionally demanding. Lisa Flower from Lund University, Sweden, in her study titled “Emotional Defence Lawyers”, published in Brill’s Emotions: History, Culture, Society, analyzes how defence lawyers employ emotion management strategies to perform their duty of loyalty and how this plays a role in the construction of justice. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The fear of campus sexual assault has become an inextricable part of the college experience. Research has shown that by the time they graduate, as many as one in three women and almost one in six men will have been sexually assaulted. But why is sexual assault such a common feature of college life? And what can be done to prevent it? Drawing on the Sexual Health Initiative to Foster Transformation (SHIFT) at Columbia University, the most comprehensive study of sexual assault on a campus to date, Jennifer S. Hirsch and Shamus Khan present an entirely new framework that emphasizes sexual assault’s social roots—transcending current debates about consent, predators in a “hunting ground,” and the dangers of hooking up. Sexual Citizens: A Landmark Study of Sex, Power, and Assault on Campus (Norton, 2020) is based on years of research interviewing and observing college life—with students of different races, genders, sexual orientations, and socioeconomic backgrounds. Hirsch and Khan’s landmark study reveals the social ecosystem that makes sexual assault so predictable, explaining how physical spaces, alcohol, peer groups, and cultural norms influence young people’s experiences and interpretations of both sex and sexual assault. Through the powerful concepts of “sexual projects,” “sexual citizenship,” and “sexual geographies,” the authors offer a new and widely-accessible language for understanding the forces that shape young people’s sexual relationships. Empathetic, insightful, and far-ranging, Sexual Citizens transforms our understanding of sexual assault and offers a roadmap for how to address it. In this interview, Dr. Hirsch, Dr. Khan, and I discuss three concepts that are central to their argument regarding the prevalence and prevention of sexual assault: Sexual projects, sexual citizens, and sexual geographies. Hirsch and Khan argue that sexual assault is connected to features of the university setting (e.g., alcohol, Greek life), race, class, and gender, and (mis)understandings of sex and consent. Additionally, the authors go on to discuss their research methods and how schools, parents, administrators, and other members of the campus community can take active steps to address and prevent sexual assault on college campuses. I highly recommend this book for both a general audience and those with a scholarly interest in sexual violence and/or elite educational institutions. Sexual Citizens would be a great book for undergraduate or graduate courses related to gender, gender-based violence, sexual assault, and organizations. Jennifer S. Hirsch is a professor of sociomedical sciences at the Mailman School of Public Health at Columbia University, and codirects SHIFT, the Sexual Health Initiative to Foster Transformation, at Columbia University. Shamus Khan is a professor of sociology at Columbia University, where he is the chair of the department. He writes on culture, inequality, gender, and elites. He was a co-Principal Investigator of SHIFT, a multi-year study of sexual health and sexual violence at Columbia University. Krystina Millar is a PhD student in the Department of Sociology at Indiana University. Her research interests include gender, sociology of the body, and sexuality. You can find her on Twitter at @KrystinaMillar. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The right to decision making is important for all people. It allows us to choose how to we our lives – both on a daily basis, and also in terms of how we wish to express ourselves, to live in accordance with our values and desires. However, the right to make decisions has been, and continues to be, routinely denied to people with disabilities – sometimes by family members and carers, or by institutions and courts. In this conversation, Anna Arstein-Kerslake discusses situations where people with cognitive impairments are unjustifiably denied the right to make their own choices. She shares her own experiences to demonstrate how this unjustifiably and unnecessarily discriminates against people with disabilities. But it need not be this way; both in Restoring Voice to the People with Cognitive Disabilities (Cambridge University Press, 2017), and in this episode, Anna takes us through examples of how bringing greater equality for people with cognitive impairments can be of benefit to the entire community. Her book provides a roadmap for the future to bring greater equality for all. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality and criminal law. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong protests. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

After the Second World War, an Australian diplomat was one of eight people to draft the U.N. Declaration of Human Rights. And in the years that followed, Australians of many different stripes—including activists fighting for Aboriginal rights and women’s rights, communists, and even anticommunists—invoked human rights in their respective political struggles. Yet, despite these Australians’ embrace of human rights, the Australian government didn’t sign the Declaration of Human Rights until 1972, and then it took even longer to ratify it. Australia’s ambiguous relationship with human rights is precisely what Jon Piccini untangles in his fascinating, deeply researched book, Human Rights in Twentieth-Century Australia (Cambridge University Press, 2019). By exploring these many different groups’ invocation of human rights, Piccini, a faculty member at the Australian Catholic University, is able to show how ideas and language can circulate even across ideological divisions. This book should be read by those interested in the global history of ideas and human rights, Australian political and social historians, along with those like me, who know little about Australia but would like to learn a lot more. Dexter Fergie is a PhD student of US and global history at Northwestern University. He is currently researching the 20th century geopolitical history of information and communications networks. He can be reached by email at [email protected] or on Twitter @DexterFergie. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

"Most lawyers, most actors, most soldiers and sailors, most athletes, most doctors, and most diplomats feel a certain solidarity in the face of outsiders, and, in spite of other differences, they share fragments of a common ethic in their working life, and a kind of moral complicity." – Stuart Hampshire, Justice is Conflict. There are many more examples of professional solidarity, however fragmented and tentative, sharing the link of a common ethic that helps make systems, and the analysis of them, possible in the larger political economy. Writing from a law professor’s vantage point, Katharina Pistor, in her new book, The Code of Capital: How the Law Creates Wealth and Inequality (Princeton University Press, 2019) explains how even though law is a social good it has been harnessed as a private commodity over time that creates private wealth, and plays a significant role in the increasing disparity of financial outcomes. As she points out in this interview, and her chapter ‘Masters of the Code’, it is ‘critical to have lawyers in the room’, and they clearly have the lead role in her well-researched and nuanced thesis centered on the decentralized institution of private law. Professor Pistor builds on Rudden’s ‘feudal calculus’ providing the long view of legal systems in maintaining and creating wealth and draws on historical analogies including the enclosure movements as she interweaves her analysis of capital asset creation with a broader critique of professional and institutional agency. Polanyi and Piketty figure into Pistor’s analysis among many others, as does the help of the state’s coercive backing as she draws on the breadth of her own governance research and analysis of the collapsed socialist regimes in the 1990s, and a research pivot toward western market economies following the 2008 Global Financial Crisis. Professor Pistor is a comparative scholar with a keen interdisciplinary eye for the relationship between law, values, and markets, dovetailing larger concepts with detailed descriptions of the coding of ‘stocks, bonds, ideas, and even expectations—assets that exist only in law.’ All of which informs her inquiry into why some legal systems have been more accommodating to capital’s coding cravings and others less so, as she describes the process by which capital is created. She moves beyond legal realism’s less granular critiques, and as reviewers such as Samuel Moyn have suggested – this book ‘deserves to be the essential text of any movement today that concerns itself with law and political economy’. Katharina Pistor is the Edwin B. Parker Professor of Comparative Law, and the Director of the Center on Global Legal Transformation at Columbia Law School. Keith Krueger lectures at the SHU-UTS Business School in Shanghai. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Paradox is a sophisticated kind of magic trick. A magician's purpose is to create the appearance of impossibility, to pull a rabbit from an empty hat. Yet paradox doesn't require tangibles, like rabbits or hats. Paradox works in the abstract, with words and concepts and symbols, to create the illusion of contradiction. There are no contradictions in reality, but there can appear to be. In Sleight of Mind: 75 Ingenious Paradoxes in Mathematics, Physics, and Philosophy (MIT Press, 2020), Matt Cook and a few collaborators dive deeply into more than 75 paradoxes in mathematics, physics, philosophy, and the social sciences. As each paradox is discussed and resolved, Cook helps readers discover the meaning of knowledge and the proper formation of concepts―and how reason can dispel the illusion of contradiction. The journey begins with “a most ingenious paradox” from Gilbert and Sullivan's Pirates of Penzance. Readers will then travel from Ancient Greece to cutting-edge laboratories, encounter infinity and its different sizes, and discover mathematical impossibilities inherent in elections. They will tackle conundrums in probability, induction, geometry, and game theory; perform “supertasks”; build apparent perpetual motion machines; meet twins living in different millennia; explore the strange quantum world―and much more. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law