New Books In Law

Inquiries into marital patterns can serve as an effective lens to analyze social structures and material cultures not only on the question of sexuality, but also on the nature of a private citizen’s engagement with state and law. Through ethnographic research in courtrooms, community, and kinship spaces, Rama Srinivasan outlines the transformations in material culture and political economy that have led to renewed negotiations on the institution of marriage in North India, especially in legal spaces. Tracing organically evolving notions of sexual consent and legal subjectivity, Courting Desire: Litigating for Love in North India (Rutgers UP, 2020) underlines how non-normative decisions regarding marriage become possible in a region otherwise known for high instances of honor killings and rigid kinship structures. Aspirations for consensual relationships have led to a tentative attempt to forge relationships that are non-normative but grudgingly approved after state intervention. The book traces this nascent a

Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the “republican form of government” the Constitution requires. Today, courts enforce the constitution as if it had almost nothing to say about this threat. The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) is a bold call to reclaim an American tradition that argues the constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. In this revolutionary retelling of constitutional history, Dr. Joseph Fishkin and Dr. William Forbath show that a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Dr. Fishkin and Dr. Forbath argue that “The constitutional order does rest and depend on a political-economic order. That political-economic order does not maintain itself. It requires action (as we

Slaps in the face, kicks, beatings, and other forms of run-of-the-mill violence were a quotidian part of life in German Southwest Africa at the beginning of the twentieth century. Unearthing this culture of normalized violence in a settler colony, Violence as Usual: Policing and the Colonial State in German Southwest Africa (Cornell UP, 2019) uncovers the workings of a powerful state that was built in an improvised fashion by low-level state representatives. Marie A. Muschalek's fascinating portrayal of the daily deeds of African and German men enrolled in the colonial police force called the Landespolizei is a historical anthropology of police practice and the normalization of imperial power. Replete with anecdotes of everyday experiences both of the policemen and of colonized people and settlers, Violence as Usual re-examines fundamental questions about the relationship between power and violence. Muschalek gives us a new perspective on violence beyond the solely destructive and the instrumental. She overco

In Law and the Economy in a Young Democracy: India 1947 and Beyond (University of Chicago Press, 2022), Dr. Tirthankar Roy and Dr. Anand Swamy present an essential history of India’s economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. They argue that “colonial rule left India a highly unequal society with a complicated structure of land rights, a slow and dysfunctional legal system, and a state that was all powerful in some areas.” Economists have long lamented how the inefficiency of India’s legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Dr. Roy and Dr. Swamy argue that l

Griffin Hardy is the Communications Director for Ministry Against the Death Penalty, founded by Sister Helen Prejean, author of Dead Man Walking. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Chained to History: Slavery and US Foreign Relations to 1865 (Cornell University Press, 2022), Dr. Steven J. Brady places slavery at the centre of the story of America's place in the world in the years prior to the calamitous Civil War. Beginning with the immediate aftermath of the War of the American Revolution, Brady follows the military, economic, and moral lines of the diplomatic challenges of attempting to manage, on the global stage, the actuality of human servitude in a country dedicated to human freedom. Dr. Brady argues that “slavery was defined by policymakers and laypeople alike as central to US interactions with four continents—whether for good or bad. America’s security, prosperity, and geographical and political reach were all connected, in one way or another, with bonded labour. It is no surprise, then, that Americans looked on, and conducted, their relations with the world with a conviction that slavery was central to the nation’s international role.” He argues that this mindset around the

Everyone knows that democracy is in trouble, but do we know what democracy actually is? Jan-Werner Müller, author of the widely translated and acclaimed What Is Populism?, takes us back to basics in Democracy Rules (Farrar, Straus and Giroux, 2021). In this short, elegant volume, he explains how democracy is founded not just on liberty and equality, but also on uncertainty. The latter will sound unattractive at a time when the pandemic has created unbearable uncertainty for so many. But it is crucial for ensuring democracy's dynamic and creative character, which remains one of its signal advantages over authoritarian alternatives that seek to render politics (and individual citizens) completely predictable. Müller shows that we need to re-invigorate the intermediary institutions that have been deemed essential for democracy's success ever since the nineteenth century: political parties and free media. Contrary to conventional wisdom, these are not spent forces in a supposed age of post-party populist leadersh

Scholars Heather Hlavka (Marquette University) and Sameena Mulla (Emory University) have written a new book that examines and interrogates the place and space of the courtroom, the use of expertise, especially scientific expertise, in the adjudicative process, and how this all intersects with race and gender in cases of sexual assault. Bodies in Evidence: Race, Gender, and Science in Sexual Assault Adjudication (NYU Press, 2021) is the result of a long-term ethnographic study of sexual assault cases in the city of Milwaukee, and how those cases, as they come through the legal system, re-animate cultural narratives and re-inscribe the authority associated with law courts and the legal system itself. A key focus of the research was in examining the ways in which medicolegal and forensic evidence was used in the trial process, and how the reliance on these scientific resources and those who narrate and explain these dimensions of evidence and information are often set in contrast with the experiences of the vict

Here is a fun quiz question. What distinction does Charles Carroll (1737–1832) hold in American History? Answer: he was the longest-surviving signer of the Declaration of Independence and the only Catholic to have signed it. And therein lies a tale of religious prejudice against Catholics and the ingenious and determined efforts over decades of leaders like Carroll and the founding family of Maryland, the Calverts, to prove their devotion to their country while not compromising on the tenets of their faith. In his fascinating 2021 book, Our Dear-Bought Liberty: Catholics and Religious Toleration in Early America (Harvard UP, 2021), Michael D. Breidenbach traces in detail the delicate balance Catholics in the period of roughly 1600-1832 had to maintain in order to secure basic civil and property rights in both Britain and the New World colonies while avoiding excommunication by the pope for swearing oaths to British rulers that often entailed denying certain rights the pope claimed. We read in the book about t

In this Pandemic Perspectives Podcast, Ideas Roadshow founder and host Howard Burton talks to Samuel Moyn, Henry R. Luce Professor of Jurisprudence and Professor of History at Yale University, about neoliberalism, human rights and what our collective response to the COVID-19 pandemic reveals about our true values. Ideas Roadshow's Pandemic Perspectives Project consists of three distinct, reinforcing elements: a documentary film (Pandemic Perspectives), book (Pandemic Perspectives: A filmmaker's journey in 10 essays) and a series of 24 detailed podcasts with many of the film's expert participants. Visit www.ideasroadshow.com for more details. Howard Burton is the founder of Ideas Roadshow and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nick Enfield’s book, Language vs. Reality: Why Language is Good for Lawyers and Bad for Scientists (MIT Press, 2022), argues that language is primarily for social coordination, not precisely transferring thoughts from one person to another. Drawing on empirical research, Enfield shows that human lexicons the world over are far more coarse-grained than our perceptual faculties. Yet, at the same time, languages vary in the structure and sophistication of their representations. This means that, for instance, how different languages carve up the world influences not only how their speakers talk about the world, but also how they think about it. The book explores a range of linguistic phenomena, from lexical diversity to linguistic framing to the effects of narrative. As a result of understanding how language shapes our understanding of reality, Enfield argues that we can make more informed—and more ethical—decisions about our own language use, as individuals and communities. Malcolm Keating is Assistant Professo

In the modern world, human trafficking and slavery take various forms: one such example is forced labor. But understanding exactly how and where forced labor might occur has been a challenge for researchers and regulatory authorities. In the third episode of our new themed series In Chains, we speak with Dr. Alexis Aronowitz from University College Utrecht, Utrecht, The Netherlands, who is the author of the article, “Regulating business involvement in labor exploitation and human trafficking”. In her article, Dr. Aronowitz has presented various case studies of labor exploitation in the service industry, such as the cocoa industry in sub-Saharan Africa. In this episode, she further talks about how exploitative labor in businesses can be regulated using various approaches. 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 fall of 2020, Poland’s Constitutional Tribunal decreed that the country’s near-total ban on abortion was too liberal; henceforth, pregnancies could be terminated only in cases of rape, incest, or imminent threat to the mother’s life. The court’s decision triggered a nationwide Women’s Strike, whose social mobilization galvanized reproductive rights advocacy across Europe. In the wake of the Polish mass protests, and in the context of the COVID-19 pandemic, now is a crucial moment to re-visit anthropologist Joanna Mishtal’s ground-breaking book The Politics of Morality: The Church, the State, and Reproductive Rights in Postsocialist Poland (Ohio University Press, 2015). Mishtal recast the decades since communism’s collapse as a time of joint Church-State war on reproductive rights, as well as feminism, which was painted as either a communist legacy or a foreign import. The Politics of Morality examines the contradiction between an emerging democracy on the one hand, and a declining tolerance for women’s

In Half of Faith: American Muslim Marriage and Divorce in the Twenty-First Century, readers find a wide range of texts on Muslim Americans’ experiences with questions of marriage and divorce in an effort to do what is deemed Islamically acceptable. This exciting reader, which brings together previously published as well as new content, includes the broad themes of wedding, marriage, and divorce in the Muslim American experience. More specifically, the reader aims to explore the diversity in Islamic legal and theoretical thought, marriage and divorce practices, marriage contracts, wedding customs, and related issues. In today’s very vibrant and engaging conversation, I speak with Kecia Ali, the editor of the reader, in addition to several contributors, who are Zahra Ayubi, Aminah McCloud, and Asifa Quraishi-Landes. Each scholar speaks on her contribution to the volume—Ayubi on divorce, Quraishi-Landes on marriage contracts and Islamic law, and McCloud on African American Muslim women as they transition to Isla

Andrew Rudalevige, the Thomas Brackett Reed Professor of Government at Bowdoin College, has a new book that examines the processes that transpires in the generation of executive orders—noting that the process itself is not simply done with the stroke of a pen. Rudalevige, an expert on the Office of Management and Budget (OMB) in the Executive Branch, started to pursue this particular research project as a result of some archival work he was doing at OMB. Because executive orders go through OMB, Rudalevige came upon decades of files of different proposed executive orders in his work on the Office of Management and Budget; and what seemed like a kind of side project became an extensive, quantitative, and qualitative study of the process that gives birth to an executive order or that may eventually kill an executive order.  By Executive Order: Bureaucratic Management and the Limits of Presidential Power (Princeton UP, 2021) traces the process that brings together different voices from within the Executive Branch

In his major work, Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue (Vintage, 2017), acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court's long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court's majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions--largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney's opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Uro

Prototype Nation: China and the Contested Promise of Innovation (Princeton University Press, 2020) reveals how a growing distrust in Western models of progress and development, including Silicon Valley and the tech industry after the financial crisis of 2007–8, shaped the vision of China as a “new frontier” of innovation. Author Silvia Lindtner unpacks how this promise of entrepreneurial life has influenced governance, education, policy, investment, and urban redesign in ways that normalize the persistence of sexist and racist violence and various forms of labor exploitation. Silvia Margot Lindtner (she/her) is a writer and ethnographer. She is Associate Professor at the University of Michigan in the School of Information and Director of the Center for Ethics, Society, and Computing (ESC). She is also a PIP (Public Intellectual Program) Fellow with the National Committee on United States-China Relations. Lindtner's research focuses on the cultures and politics of technology innovation, including the labor nec

Many have experienced moments where algorithms have made us uncomfortable or suspicious. In Algorithms and Autonomy: The Ethics of Automated Decision Systems (Cambridge University Press, 2021), Rubel, Phan, and Castro outline the stories of teachers and citizens subject to the criminal justice system who face serious consequences at the hands of algorithms. With a focus on locating the a philosophical touchstone to these harms, the authors look at how ideas of autonomy and freedom are affected by algorithms. When algorithms afford those subject to their decisions no transparency to endorse its use or worse hide responsibility for their decision in a network of actors laundering their own agency, citizens are harmed and democracy is harmed. This book mount a forceful lens of what exactly algorithms in criminal justice, education, housing, elections and beyond can do to autonomy, freedom, and democracy. This title is also available as Open Access on Cambridge Core. Dr. Alan Rubel is Professor and Director of th

Increasingly fraught debates about sex, consent, feminism, justice, law, and gender relations have taken centre stage in academic, journalistic and social media circles in recent years. This has resulted in myriad new theories, debates and mediated movements including #MeToo and #TimesUp. In Sex, Consent, and Justice: A New Feminist Framework (Edinburgh UP), Tina Sikka explores many of the contradictions and tensions that make up these debates and movements. She looks at those that draw together contemporary understandings of justice, violence, consent, pleasure and desire. Louisa Hann recently attained a PhD in English and American studies from the University of Manchester, specialising in the political economy of HIV/AIDS theatres. She has published work on the memorialisation of HIV/AIDS on the contemporary stage and the use of documentary theatre as a neoliberal harm reduction tool. She is currently working on a monograph based on her doctoral thesis. You can get in touch with her at louisahann92@gmail.co

Adopted in 1868, the Fourteenth Amendment profoundly changed the US constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. In The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (Harvard University Press, 2022), Dr. Randy Barnett and Dr. Evan Bernick argue that the Supreme Court has long misunderstood or ignored the original meaning of the amendment’s key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. In fact, they argue that “it is simply not the case that the Court’s current Fourteenth Amendment doctrine gives us everything that the original meaning of the Fourteenth Amendment promises.” Dr. Barnett and Dr. Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum constitution. Antislavery advocates advanced arguments informed by natural rights, the Decla