New Books In Law

Miriam Bak McKenna is an Associate Professor at the Department of Social Sciences and Business at Roskilde University (Denmark). Her first monograph, Reckoning with Empire: Self-Determination in International Law (Brill, 2023), adopts a new approach to self-determination’s international legal history, tracing the ways in which various actors have sought to reinvent self-determination in different juridical, political, and economic iterations to create the conditions for global transformation. The value of the book’s approach lies not only in a more nuanced understanding of self-determination’s legal history, but also in excavating the multiple ways in which actors, particularly those from the Global South, have challenged the existing normative and legal structures which rendered them unequal under the European system of international law. Rethinking this process touches on issues that are relevant not only to debates about the enduring legacy of imperialism in our present, but also to contemporary discussion

In recent years the authors of a slew of books and articles have debated whether China is moving toward or away from the rule of law. Against this end-of-history approach to legal inquiry, Ke Li advocates for an approach that attends to the circumstances in which state actors select legal methodologies for the purposes of statecraft, and those in which they prefer nonlegal, extralegal and illegal ones. She demonstrates this approach in Marriage Unbound: State Law, Power, and Inequality in Contemporary China (Stanford University Press, 2022), in which she offers a sophisticated “historically charged, culturalist perspective” of state legal practice in China, worked out over 15 years of immersive research and careful writing. Ke Li joins this episode of New Books in Interpretive Political and Social Science to discuss why research on authoritarian legality fails to give culture its due, the differences between practice-oriented inquiry and studies that concentrate on intersubjective meaning-making, causal infer

In Freedom Seekers: Fugitive Slaves in North America, 1800–1860 (Cambridge UP, 2021), Damian Alan Pargas introduces a new conceptualization of 'spaces of freedom' for fugitive slaves in North America between 1800 and 1860, and answers the questions: How and why did enslaved people flee to – and navigate – different destinations throughout the continent, and to what extent did they succeed in evading recapture and re-enslavement? Taking a continental approach, this study highlights the diversity of slave fight by conceptually dividing the continent into three distinct – and continuously evolving – spaces of freedom. Namely, spaces of informal freedom in the US South, where enslaved people attempted to flee by passing as free blacks; spaces of semi-formal freedom in the US North, where slavery was abolished but the precise status of fugitive slaves was contested; and spaces of formal freedom in Canada and Mexico, where slavery was abolished and runaways were considered legally free and safe from re-enslavement.

Dress codes are as old as clothing itself. For centuries, clothing has been a wearable status symbol; fashion, a weapon in struggles for social change; and dress codes, a way to maintain political control. Dress codes evolved along with the social and political ideals of the day, but they always reflected struggles for power and status. In the 1700s, South Carolina’s “Negro Act” made it illegal for Black people to dress “above their condition.” In the 1920s, the bobbed hair and form-fitting dresses worn by free-spirited flappers were banned in workplaces throughout the United States. Even in today’s more informal world, dress codes still determine what we wear, when we wear it—and what our clothing means. People lose their jobs for wearing braided hair, long fingernails, large earrings, beards, and tattoos or refusing to wear a suit and tie or make-up and high heels. In some cities, wearing sagging pants is a crime. In Dress Codes: How the Laws of Fashion Made History (Simon & Schuster, 2021), law professor a

Jefferson Cowie discusses his book Freedom’s Dominion: A Saga of White Resistance to Federal Power (Basic Books, 2022), beginning with the book’s origin story, and then tracing the use of "freedom" to dominate others in Barbour County, Alabama, from Indian Removal in the 1830s through the Civil Rights Movement in the 1960s. This episode was produced for "Working History," the podcast of the Southern Labor Studies Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Intelligence Quotient is a measure of intelligence that has life-or-death consequences. Should we trust it? GUEST Alan Gouddis is a Partner with Sherman & Sterling. He was recognized by The Legal 500 as a “Leading Lawyer” in M&A Litigation Defense in 2021.   This episode was produced by Andrew Middleton  and Liya Rechtman. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Rohit De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution: The Everyday Life of Law in the Indian Republic (Princeton University Press, 2018) considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship. Rohit De is assistant professor of history at Yale University. Caleb Zakarin is the Assistant Editor of the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Why has Thailand had 20 constitutions since 1932? What accounts for the remarkable veneration Thais often feel towards these short-lived documents? How is that military coups can be viewed as completely legal in Thailand? And what accounts for the leading role prominent legal experts play in Thailand’s political order? In this podcast, Thailand scholar Duncan McCargo talks to Eugénie Mérieau about her wide-ranging new book, Constitutional Bricolage: Thailand's Sacred Monarchy vs. The Rule of Law (Bloomsbury, 2021), which analyses the unique constitutional system in operation in Thailand as a continuous process of bricolage between various Western constitutional models and Buddhist doctrines of Kingship. Reflecting on the category of 'constitutional monarchy' and its relationship with notions of the rule of law, it investigates the hybridised semi-authoritarian, semi-liberal monarchy that exists in Thailand. By studying constitutional texts and political practices in light of local legal doctrine, the book sho

In Hidden Histories of the Dead: Disputed Bodies in Modern British Medical Research (Cambridge University Press, 2021), Dr. Elizabeth T. Hurren maps the post-mortem journeys of bodies, body-parts, organs, and brains, inside the secretive culture of modern British medical research after WWII as the bodies of the deceased were harvested as bio-commons. Often the human stories behind these bodies were dissected, discarded, or destroyed in death. Hidden Histories of the Dead recovers human faces and supply-lines in the archives that medical science neglected to acknowledge. Dr. Hurren investigates the medical ethics of organ donation, the legal ambiguities of a lack of fully-informed consent and the shifting boundaries of life and re-defining of medical death in a biotechnological era. Dr. Hurren reveals the implicit, explicit and missed body disputes that took second-place to the economics of the national and international commodification of human material in global medical sciences of the Genome era. This inter

Why are people judged on whether or not they are compelling? Why isn’t telling the truth enough? What are people really listening for when others share their truths? And how does this harm asylum seekers? Dina Nayeri joins us to share: Why our perceptions of other people’s experiences impact them and us. What makes a “credible” story, and what doesn’t. How her own stories shape her. Why it can be difficult to believe a messy truth. What she had to forgive herself for. The book Who Gets Believed. Today’s book is: Who Gets Believed by Dina Nayeri, which asks unsettling questions about lies, truths, and the difference between being believed and being dismissed. Dina Nayeri begins with asking why are honest asylum seekers dismissed as liars? She shares shocking and illuminating case studies, as the book grows into a reckoning with our culture’s views on believability. From learning the tools of persuasion and performance in her job at McKinsey to struggling to believe her troubled brother-in-law, Nayeri e

Thomas Kuehn, Professor Emeritus at Clemson University talks about his new book, Patrimony and Law in Renaissance Italy (Cambridge University Press, 2022) and share's the knowledge produced in a long and fruitful career. Family was a central feature of social life in Italian cities. In the Renaissance, jurists, humanists, and moralists began to theorize on the relations between people and property that formed the 'substance' of the family and what held it together over the years. Family property was a bundle of shared rights. This was most evident when brothers shared a household and enterprise, but it also faced overlapping claims from children and wives which the paterfamilias had to recognize. Thomas Kuehn explores patrimony in legal thought, and how property was inherited, managed and shared in Renaissance Italy. Managing a patrimony was not a simple task. This led to a complex and active conceptualization of shared rights, and a conscious application of devices in the law that could override liabilities

Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But professionals, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state’s authority over personal law and rejected legal codification by embracing flexibility and possibility. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost, South Asia Digital Librarian for the Center for Research Libraries, rejects narratives of stagnation and decline and shows in Everyday Islamic Law and the Making of Modern South Asia (UNC Press, 2022), how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated

Why have the founding members of the United Nations (the P5) evaded accountability for their crimes of genocide? Jeff Bachman, of the American University School of International Service, provides an answer in his book, The Politics of Genocide: From the Genocide Convention to the Responsibility to Protect (Rutgers UP, 2022). It starts with an analysis of the processes that led to the adoption of the United Nations’ Convention on the Prevention and Punishment of the Crime of Genocide in December 1948. It ends with a call of the “self-perpetuating” implications of Western impunity for genocidal violence, at home and abroad. Bachman narrows in on the five permanent members of the UN Security Council to highlight the structural inequality baked into the Genocide Convention. The result is a cogent and devastating evaluation of the ways in which the Western powers of the P5 -- the US in particular -- are assumed to act in good faith when it comes to preventing and punishing acts of genocide. Susan Thomson is an Ass

In 2021, a famous Vietnamese businesswoman hosted a three-hour long Facebook livestream, in which she named and shamed celebrities for their controversial public behaviours. This formed part of a regular pattern of personal attacks, in which she weaponised livestreaming to denounce media and charity organisations in front of huge online audiences. This case marked a turning point in Vietnam, forcing the government to contend with growing political activity in the online environment, and prompting new digital media regulation. In this episode, Dr Jonathon Hutchinson joins Dr Natali Pearson to discuss this case and other examples of online socio-political activism in Vietnam, reflecting on the tension between social media influencing and digital media regulation, and highlighting its potential positive and negative effects. About Jonathon Hutchinson: Dr Jonathon Hutchinson is a Senior Lecturer in Online Communication and Media at the University of Sydney. He is a Chief Investigator on the Australian Research Co

In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence.  In The Proof: Uses of Evidence in Law, Politics, and Everything Else (Harvard University Press, 2022), preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain in

Stephanie Wolfe and Matthew Kane's In the Shadow of Genocide: Justice and Memory Within Rwanda (Routledge, 2023) brings together scholars and practitioners for a unique inter-disciplinary exploration of justice and memory within Rwanda. It explores the various strategies the state, civil society, and individuals have employed to come to terms with their past and shape their future. The main objective and focus is to explore broad and varied approaches to post-atrocity memory and justice through the work of those with direct experience with the genocide and its aftermath. This includes many Rwandan authors as well as scholars who have conducted fieldwork in Rwanda. By exploring the concepts of how justice and memory are understood the editors have compiled a book that combines disciplines, voices, and unique insights that are not generally found elsewhere. Including academics and practitioners of law, photographers, poets, members of Rwandan civil society, and Rwandan youth this book will appeal to scholars an

In A Lovely Girl: The Tragedy of Olga Duncan and the Trial of California's Most Notorious Killer (Pegasus Crime, 2022), Deborah Larkin tells the incredible story of a 1958 murder that ended with the last woman to ever be executed in California—a murder so twisted it seems ripped from a Greek tragedy. Larkin was only ten years old when the quiet calm of her California suburb was shattered. Thirty miles north, on a quiet November night in Santa Barbara, a pregnant nurse named Olga Duncan disappeared from her apartment. The mystery deepens when it is discovered that Olga’s mother in-law—a deeply manipulative and deceptive woman—had been doing everything in her power to separate Olga and her son, Frank, prior to Olga’s disappearance. From a forged annulment to multiple attempts to hire people to “get rid” of Olga, to a faked excoriation case, Elizabeth seemed psychopathically attached to her son. Yet she denied having anything to do with Olga’s disappearance with a smile. But when Olga’s brutally beaten body is f

"Why do we think about some practices as work, and not others? Why do we classify certain capacities as economically valuable skills, and others as innate characteristics? What, moreover, is the role of law in shaping our answers to these questions?" These are just some of the queries explored by Dr. Zoe Adams's analysis of the legal construction, and regulation, of work, in her book The Legal Concept of Work (Oxford University Press, 2022). Spanning from the 14th century to the present day, the book explores how the role of law and legal concepts comes to consider some forms of human labour as work, and some forms of human labour as non-work. It examines why perceptions of these activities can change over time, and how legal constitution impacts the way in which work comes to be regulated, organised, and valued. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with

Professor Jonathan Herring makes an argument that suicidal people have a right to be protected from committing suicide, and that the state should be under a duty to take reasonable steps to protect them from killing themselves. In The Right to Be Protected from Committing Suicide (Hart, 2022) Herring takes a deep dive into ideas surrounding autonomy and capacity, to draw out the tensions between these concepts and the legal and ethical debates which provide support for non-interventionist argument based on respect for a "right" to commit suicide. Going beyond the usual concerns of Euthanasia, this book challenges readers to examine suicide as a failing of society to offer support to those who need it, as opposed to an individual choice to end one's life.  Professor Jonathan Herring is a Professor of Law at Exeter College in the Faculty of Law at the University of Oxford. He is the author of around 50 solo authored monographs.  Listener note: In this interview, we discuss suicide, which may be upsetting for so

Pegasus: How a Spy in Your Pocket Threatens the End of Privacy, Dignity, and Democracy (Henry Holt, 2023) is the inside story of a worldwide investigation, sparked by the leak which revealed that cyber-intrusion and cyber-surveillance are happening with exponentially increasing frequency, across the globe. Pegasus, it turns out, is less a law enforcement tool than a weapon for hire and not only a threat to privacy but also to democracy, as the most notorious human-rights-violating governments and autocrat-wannabes are licensing and utilizing Pegasus spyware in the most vulnerable democracies in the world. Pegasus follows the personal stories of real victims--intrepid individuals who have spoken truth to some of the most corrupt, risible powers around the globe. Laurent Richard is a Paris-based award-winning documentary filmmaker and journalist who was named the 2018 European Journalist of the Year at the Prix Europa in Berlin. He is the founder of Forbidden Stories, a network of investigative journalists devo