New Books In Law

In 1863 the French established a protectorate over the kingdom of Cambodia. The protectorate, along with Vietnam and Laos, later became part of the colonial state of French Indochina. Part of the French ‘civilizing mission’ in Cambodia involved reforming Cambodian law and legal processes.  Sally Low’s pioneering study, Colonial Law Making: Cambodia under the French (NUS Press, 2023), tells the story of the encounter between what she calls two different legal and social ‘cosmologies’: Cambodia’s indigenous legal tradition and modern French legal thinking. While the French claimed they were modernizing Cambodian law, in fact they imposed many elements of French law. Initially, they dispossessed the king of much of his judicial authority. But ironically, the French reform of Cambodian law retained the monarchy as the semi-divine source of law, and royal power was subsequently legally embedded into new national institutions, the law, and the constitutions. At independence in 1953, 90 years after the French began

Judgement at Tokyo: World War II on Trial and the Making of Modern Asia (Knopf, 2023), a book ten years in the making, is the definitive account of the postwar trial of Japan’s leaders as war criminals, and the impact it had on the modern history of Asia. Written by Gary Bass, Professor of Politics and International Affairs at Princeton University, the book shines a much-needed spotlight on the International Military Tribunal for the Far East, the criminal process historically overshadowed by its namesake in Nuremberg for the senior leaders of the Nazi regime in the Third Reich. In the weeks after Japan finally surrendered to the Allies to end World War II, the victorious powers turned to the question of how to move on from years of carnage and destruction. To them, it was clear that Japan’s militaristic leaders needed to be tried and punished for their crimes. For the Allied powers, the trials were an opportunity both to render judgment on their vanquished foes and to create a legal framework to prosecute wa

The Politics of Rights and Southeast Asia (Cambridge UP, 2022) offers an empirically-grounded approach to understanding the mobilisation of rights in the region. Instead of deriving definitions of rights from abstract philosophical text, court verdicts or statutes, the book advances a socio-legal approach which considers rights as social practices that take meaning from the various ways in which people enact, mobilise, and practice these rights. In doing so, the book offers a point of view that goes beyond the liberal versus critical rights perspective debate. The book is structured in three sections, with each section focusing on (1) the structural conditions that influence the emergence of rights mobilisation in the region; (2) the various ways in which people mobilise these rights; and (3) the consequences of these mobilisations. It concludes with a call to give rights a chance while embracing its incoherence. Lynette J. Chua is Professor of Law at the National University of Singapore (NUS). Like this inte

Suicide by Proxy became a major societal problem after 1650. Suicidal people committed capital crimes with the explicit goal of “earning” their executions, as a short-cut to their salvation. Desiring to die repentantly at the hands of divinely-instituted government, perpetrators hoped to escape eternal damnation that befell direct suicides.  In Suicide by Proxy in Early Modern Germany: Crime, Sin, and Salvation (Palgrave Macmillan, 2023), Kathy Stuart shows how this crime emerged as an unintended consequence of aggressive social disciplining campaigns by confessional states. Paradoxically, suicide by proxy exposed the limits of early modern state power, as governments struggled unsuccessfully to suppress the tactic. Some perpetrators committed arson or blasphemy, or confessed to long-past crimes, usually infanticide, or bestiality. Most frequently, however, they murdered young children, believing that their innocent victims would also enter paradise. The crime had cross-confessional appeal, as illustrated i

The police response to protests erupting on America's streets in recent years has made the militarization of policing painfully transparent. Yet, properly demilitarizing the police requires a deeper understanding of its historical development, causes, and social logics.  Policing Empires: Militarization, Race, and the Imperial Boomerang in Britain and the US (Oxford UP, 2023) offers a postcolonial historical sociology of police militarization in Britain and the United States to aid that effort. Julian Go tracks when, why, and how British and US police departments have adopted military tactics, tools, and technologies for domestic use. Go reveals that police militarization has occurred since the very founding of modern policing in the nineteenth century into the present, and that it is an effect of the "imperial boomerang." Policing Empires thereby unlocks the dirty secret of police militarization: Police have brought imperial practices home to militarize themselves in response to perceived racialized threats

Civics textbooks focus on how Congress makes policy through the legislative process, but the reality is that members of Congress have limited opportunities to advance their policy priorities. In fact, less than five percent of the bills that are introduced in Congress become law. Even the most tenacious legislators are confronted by bicameralism, partisan gridlock, chamber procedures, leadership's control of the agenda, and the diverse interests of 534 other members of Congress. What strategies do lawmakers have for navigating these challenges? In Backdoor Lawmaking: Evading Obstacles in the US Congress (Oxford University Press, 2023), Dr. Melinda N. Ritchie reveals how members of Congress use the federal bureaucracy as a backdoor for policymaking. Today, more law in the United States is made by unelected bureaucrats through federal agency regulations than with congressional statute. Ritchie argues that the bureaucracy's growing role in policymaking offers lawmakers a discreet way to represent controversial i

Welcome to another episode of New Books in Chinese Studies. I am your host, Julia Keblinska, and I am speaking today to Prof. Tristan Brown about his book, Laws of the Land: Fengshui and the State in Qing Dynasty China (Princeton UP, 2023). Brown’s book considers fengshui, that is, the knowledge of orienting structures, such as graves and houses, in accordance with well-established cosmological principles, as an administrative technology and language of power that was intrinsic to governance through the Qing legal code. Fengshui has long been dismissed as a “superstition” whose historical significance is limited to its obstruction of (narrowly) infrastructural development and (broadly) modernization. Laws of the Land instead pushes us to understand fengshui as a form of knowledge production that allowed the state to govern in an era of increasing resource scarcity and crisis.  The book covers cases related to land use (and misuse) in relation to graves, examination success, and mining concerns. It introduces

Paolo Caroli's book Transitional Justice in Italy and the Crimes of Fascism and Nazism (Routledge, 2022) presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book evaluates the Italian exper

The United States has more guns than people – a condition that is “unprecedented in world history.” Scholars often focus on gun culture, the Second Amendment, or the history of gun safety, duties, and rights. Often, people assume that the number of guns is a natural state – the guns were always there. But were the guns always there? What caused the drastic boom in firearms, and when did it happen? In Gun Country: Gun Capitalism, Culture, and Control in Cold War America (UNC Press, 2023), Dr. Andrew McKevitt investigates how and when the guns arrived – and why so many people bought them. McKevitt argues that what Americans refer to as “gun culture” in the 21st century “emerged out of the intersections of the Cold War and consumer capitalism in the 1950s and 1960s.” A booming consumer market following World War II coupled with a surplus of cheap firearms readily available for American entrepreneurs to resell to citizens laid the groundwork for rampant firearm distribution in the country. War made the United Sta

The end of the nineteenth century saw massive developments and innovations in photography at a time when the forces of Western modernity—industrialization, racialization, and capitalism—were quickly reshaping the world. The Unintended: Photography, Property, and the Aesthetics of Racial Capitalism (NYU Press, 2023) slows down the moment in which the technology of photography seemed to speed itself—and so the history of racial capitalism—up. It follows the substantial shifts in the markets, mediums, and forms of photography during a legally murky period at the end of the nineteenth century. Monica Huerta traces the subtle and paradoxical ways legal thinking through photographic lenses reinscribed a particular aesthetics of whiteness in the very conceptions of property ownership. The book pulls together an archive that encompasses the histories of performance and portraiture alongside the legal, pursuing the logics by which property rights involving photographs are affirmed (or denied) in precedent-setting cour

In The Pirate's Code: Laws and Life Aboard Ship (Reaktion, 2023), Dr. Rebecca Simon presents a rollicking account of pirates’ codes, the strict rules essential for survival at sea. Pirates have long captured the imagination with images of cutlass-wielding swashbucklers, eye patches and buried treasure. But what was life really like on a pirate ship? Piracy was a risky, sometimes deadly occupation, and strict orders were essential for everyone’s survival. These ‘Laws’ were sets of rules that determined everything from how much each pirate earned from their plunder to compensation for injuries, punishments and even the entertainment allowed on ships. These rules became known as the ‘Pirates’ Code’, which all pirates had to publicly swear by. Using primary sources such as eyewitness accounts, trial proceedings and maritime logs, this book explains how these codes were the key to pirates’ success in battle, both on sea and on land. This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses

Today we are joined by Stephanie Convery, inequality editor at Guardian Australia, and author of After the Count: The Death of Davey Browne (Penguin Australia, 2020). In our conversation, we discussed the history of boxing in Australia, the failures that explain Davey Browne’s death in Sydney in 2015, the nature of violence in sport, and the future of boxing. In After the Count, Convery blends the genres of history, reportage, and memoir to explore the death of Davey Browne and shows how this one event illustrates the problems and lacunae inside of Australian men’s boxing. Convery writes from an insider’s perspective – she is a boxer – and her work does not condemn the sport for its brutality but rather asks questions about how to make boxing safer and how to make sure the sport of boxing remains meaningful for its participants. She concludes that some of the same toxic forces that gave boxing its allure now make it hard to regulate and threaten the lives of the people who participate in it. The book moves bo

What is intersex and why does it matter? What is the power of law to disrupt dominant narratives? I had a fascinating conversation with authors Dr Fae Garland and Dr Mitchell Travis about their book, Intersex Embodiment: Legal Frameworks Beyond Identity and Disorder (Bristol UP, 2023). We got into detail about these groundbreaking human rights issues. We spoke about the very real challenges faced in conducting legal research that has meaningful impact for social change. In research spanning many years, Garland and Travis worked directly with intersex people and their parents to produce this nuanced, sensitive and extensively researched book. Their's is a monograph that challenges dominant medical narratives, particularly with regard to the way that gender binaries are demarcated and identities are constructed. The book has power both beyond its subject matter and beyond the academy: it will bring pause for reflection as to the role of researchers and the work that lawyers can do in the pursuit of the acceptan

Was there international law in the Middle Ages? Using treaties as its main source, International Law in Europe, 700-1200 (Manchester University Press, 2022) by Dr. Jenny Benham examines the extent to which such a system of rules was known and followed in the period 700 to 1200. It considers how consistently international legal rules were obeyed, whether there was a reliance on justification of action and whether the system had the capacity to resolve disputed questions of fact and law. The book further sheds light on issues such as compliance, enforcement, deterrence, authority and jurisdiction, challenging traditional ideas over their role and function in the history of international law. International law in Europe, 700-1200 will appeal to students and scholars of medieval Europe, international law and its history, as well as those with a more general interest in warfare, diplomacy and international relations. This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflic

Princeton University Press’ Our Compelling Interests series focuses on diversity, in racial, gender, socioeconomic, religious, and other forms. Some of the titles in this series so far include The Walls around Opportunity: The Failure of Colorblind Policy for Higher Education by Gary Orfield, Out of Many Faiths: Religious Diversity and the American Promise By Eboo Patel, and The Diversity Bonus: How Great Teams Pay Off in the Knowledge Economy, by Scott E. Page. Earl Lewis is the Thomas C. Holt Distinguished University Professor of history, Afroamerican and African Studies, and Public Policy and director of the Center for Social Solutions at the University of Michigan. From March 2013-2018, he served as President of The Andrew W. Mellon Foundation. Nancy Cantor is Chancellor of Rutgers University – Newark. A fellow of the American Academy of Arts and Sciences and member of the National Academy of Medicine, she previously led Syracuse University and the University of Illinois at Urbana-Champaign and was provos

Human trafficking for the sex trade is a form of modern-day slavery that ensnares thousands of victims each year, disproportionately affecting women and girls. While the international community has developed an impressive edifice of human rights law, these laws are not equally recognized or enforced by all countries. Sex Trafficking and Human Rights demonstrates that state responsiveness to human trafficking is shaped by the political, social, cultural, and economic rights afforded to women in that state. While combatting human trafficking is a multiscalar problem with a host of conflating variables, this book shows that a common theme in the effectiveness of state response is the degree to which women and girls are perceived as, and actually are, full citizens. By analyzing human trafficking cases in India, Thailand, Russia, Nigeria, and Brazil, they shed light on the factors that make some women and girls more susceptible to traffickers than others. Heather Smith-Cannoy (PhD, UC San Diego, 2007) is a Profes

The debate about whether mental health law should be abolished or reformed is one that is highly charged and to which there are no easy solutions. In Mental Health Law: Abolish Or Reform? (Oxford UP, 2021), Dr Kay Wilson does not shy away from these controversial debates. Examining the work that dignity can do, she makes the case for an holistic interpretation of the Convention on the Rights of Persons with Disabilities. In thinking about mental health reform, she provides a core framework which may guide support and intervention in a way that compels respect for the dignity of the person. This book makes an important contribution to the literature. Its nuanced approach and fearlessness in delving into the hard issues should be required reading for policy makers, lawyers and mental health practitioners.   Dr Kay Wilson is a postdoctoral fellow at the convenor of The Disability Law Network at Melbourne Law School, University of Melbourne. She is also a co-editor of The Future of Mental Health, Disability and C

How big a problem is torture? Are the right things being done to prevent it? Why does the UN appear at times to be so impotent in the face of it? Tackling Torture: Prevention in Practice (Bristol University Press, 2023) by Malcolm D. Evans tells the story of torture prevention under international law, setting out what is really happening around the world. Challenging assumptions about torture’s root causes, he calls for what is needed to enable us to bring about change. The author draws on over ten years’ experience as Chair of the UN Subcommittee on Prevention of Torture to give a frank account of the remarkable capacities of this system, what it has achieved in practice, or not been able to achieve – and most importantly, why. This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about you

Kicking off our new monthly series on freedom of speech, Keith Whittington and Donald Downs discuss the Princeton Principles for a Campus of Free Inquiry. These principles, outlined by a group of scholars convened by Professor Robert P. George here at the James Madison Program in March 2023, expand on the well-known Chicago Principles in ensuring campus free speech and institutional neutrality. Professors Whittington and Downs are both among the original fifteen participants and endorsers of the Princeton Principles, and played significant roles in drafting the document. Keith Whittington is the William Nelson Cromwell Professor of Politics in the Department of Politics at Princeton University, and the author of Speak Freely: Why Universities Must Defend Free Speech (Princeton UP, 2019). He specializes in public law and American Politics, and will soon join the faculty of Yale Law School. Donald Downs is the Alexander Meiklejohn Professor of Political Science Emeritus at the University of Wisconsin, Madison.

Transgender Refugees and the Imagined South Africa: Bodies Over Borders and Borders Over Bodies (Palgrave MacMillan, 2018) tracks the conceptual journeying of the term ‘transgender’ from the Global North—where it originated—along with the physical embodied journeying of transgender asylum seekers from countries within Africa to South Africa and considers the interrelationships between the two. The term 'transgender' transforms as it travels, taking on meaning in relation to bodies, national homes, institutional frameworks and imaginaries. This study centres on the experiences and narratives of people that can be usefully termed 'gender refugees', gathered through a series of life story interviews. It is the argument of this book that the departures, border crossings, arrivals and perceptions of South Africa for gender refugees have been both enabled and constrained by the contested meanings and politics of this emergence of transgender. This book explores, through these narratives, the radical constitutional-