New Books In Law

Saving the International Justice Regime: Beyond Backlash against International Courts (Cambridge University Press, 2021) is at the forefront of a new conceptualization of backlash politics. Dr. Courtney Hillebrecht brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges? 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 qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad

Today I talked to Helga Nowotny about her new book In AI We Trust: Power, Illusion and Control of Predictive Algorithms (Polity, 2021). One of the most persistent concerns about the future is whether it will be dominated by the predictive algorithms of AI - and, if so, what this will mean for our behaviour, for our institutions and for what it means to be human. AI changes our experience of time and the future and challenges our identities, yet we are blinded by its efficiency and fail to understand how it affects us. At the heart of our trust in AI lies a paradox: we leverage AI to increase our control over the future and uncertainty, while at the same time the performativity of AI, the power it has to make us act in the ways it predicts, reduces our agency over the future. This happens when we forget that that we humans have created the digital technologies to which we attribute agency. These developments also challenge the narrative of progress, which played such a central role in modernity and is based on

Up to Heaven and Down to Hell (Princeton UP, 2021) is a vivid and sometimes heartbreaking account of what happens when one of the most momentous decisions about the well-being of our communities and our planet--whether or not to extract shale gas and oil from the very land beneath our feet--is largely a private choice that millions of ordinary people make without the public's consent. The United States is the only country in the world where property rights commonly extend up to heaven and down to hell, which means that landowners have the exclusive right to lease their subsurface mineral estates to petroleum companies. Colin Jerolmack spent eight months living with rural communities outside of Williamsport as they confronted the tension between property rights and the commonwealth. In this deeply intimate book, he reveals how the decision to lease brings financial rewards but can also cause irreparable harm to neighbors, to communal resources like air and water, and even to oneself. Up to Heaven and Down to H

Mahatma Gandhi said, “Those who believe religion and politics aren't connected don't understand either.” The relationship between religion and state presents complex challenges to liberal democracies around the world. In this work, Gideon Sapir and David Statman Propose a comprehensive theory about state and religion relations, providing tools to think systematically about questions in this field Use a clear philosophical underpinning for its analysis Offer a detailed case study of the arrangements in Israel which encourages sensitivity to the unique circumstances of different countries State and Religion in Israel: A Philosophical-Legal Inquiry (Cambridge UP, 2019) begins with a philosophical analysis of the two main questions regarding the role of religion in liberal states: should such states institute a 'Wall of Separation' between state and religion? Should they offer religious practices and religious communities special protection? Sapir and Statman argue that liberalism in not committed to Separat

Does ‘citizenship’ exist in a socialist or communist context? If it does, what would this mean in the case of Vietnam? To what extent do the Vietnamese state and Vietnamese citizens perceive citizenship differently? And how are those differences negotiated? Why does the wave of recent popular protests in neighbouring countries concern the Vietnamese government? Two lecturers from the University of Passau, Mirjam Le and Franziska Nicolaisen, share and discuss with Linh Phương Lê their findings on these issues. Mirjam Le is a lecturer and PhD researcher in Southeast Asian Studies at the University of Passau, Germany. Her thesis focuses on small town urbanization and the production of urban space in Vietnam. Her research interests involve urbanization and state-society relations in Vietnam, especially processes of self-organization and citizenship. Franziska S. Nicolaisen is a lecturer and research assistant for the chair of Development Economics at the University of Passau in Germany. Her work focuses on sustai

In this episode, Siobhan talks with Warren Eugene Milteer, Jr. about his book North Carolina’s Free People of Color, 1715-1885 (LSU Press, 2020). He is an assistant professor of history at the University of North Carolina at Greensboro. His publications include two academic books, Beyond Slavery’s Shadow: Free People of Color in the South (UNC Press, 2021) and North Carolina’s Free People of Color, 1715-1885 (LSU Press, 2020), the independently published Hertford County, North Carolina’s Free People of Color and Their Descendants (2016), as well as articles in the Journal of Social History and the North Carolina Historical Review. Milteer was the recipient of the Historical Society of North Carolina’s R. D. W. Connor Award in 2014 and 2016 for the best journal article in the North Carolina Historical Review. In North Carolina’s Free People of Color, 1715–1885, Warren Eugene Milteer Jr. examines the lives of free persons categorized by their communities as “negroes,” “mulattoes,” “mustees,” “Indians,” “mixed-­

Viktoriya Kim, Nelia Balgoa, and Beverley Anne Yamamoto's book The Politics of International Marriage in Japan (Rutgers UP, 2021) provides an in-depth exploration and analysis of marriages between Japanese nationals and migrants from three broad ethnic/cultural groups - spouses from the former Soviet Union countries, the Philippines, and Western countries. It reveals how the marriage migrants navigate the intricacies and trajectories of their marriages with Japanese people while living in Japan. Seen from the lens of ‘gendered geographies of power’, the book explores how state-level politics and policies towards marriage, migration, and gender affect the personal power politics in operation within the relationships of these international couples. Overall, the book discusses how ethnic identity intersects with gender in the negotiation of spaces and power relations between and amongst couples; and the role states and structural inequalities play in these processes, resulting in a reconfiguration of our notions

For the past 30 years, a group of Russian scholars have dedicated themselves to uncovering the crimes of Stalinism. Their organization, Memorial, has in that time made great strides in understanding the scale, nature and history of Stalin's repression. On 28 December 2021, Russia's highest court found that Memorial was in violation of the Russian Federation's law regarding "foreign agents" and ordered it to be closed.   In this interview, I talked with Benjamin Nathans about Memorial's history, work, and the reasons Putin decided to shut it down now. Nathans, a professor of history at the University of Pennsylvania, has worked with and for Memorial since the 1990s. For more about Memorial, go here.  Marshall Poe is the founder and editor of the New Books Network. He can be reached at marshallpoe@newbooksnetwork.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Empires of Vice: The Rise of Opium Prohibition across Southeast Asia (Princeton University Press, 2020) Diana Kim situates the regulation of vice at the heart of colonial state building. Through a layered comparison of opium prohibition in Burma, Malaya and Vietnam she shows how petty bureaucrats told stories to one another about opium that incrementally transformed into official problems, which those same bureaucrats and their successors had to solve. Prohibition did not come through grand decisions and decisive moments in old European metropoles and new international organizations so much as it did via accumulated observations and interpretations by thousands of “bad ethnographers” in the British and French imperial civil services. Empires of Vice won the Giovanni Sartori Best Book Award, Qualitative Methods Section of the American Political Science Association, and got honourable mentions from the committees for the Charles Taylor Book Award, Interpretive Methodologies and Methods section of APSA, and t

For many Americans, the birth certificate is a mundane piece of paper, unearthed from deep storage when applying for a driver’s license, verifying information for new employers, or claiming state and federal benefits. Yet as Donald Trump and his fellow “birthers” reminded us when they claimed that Barack Obama wasn’t an American citizen, it plays a central role in determining identity and citizenship. In The Birth Certificate: An American History (University of North Carolina Press, 2021), award-winning historian Susan J. Pearson traces the document’s two-hundred-year history to explain when, how, and why birth certificates came to matter so much in the United States. Deftly weaving together social, political, and legal history, The Birth Certificate is a fascinating biography of a piece of paper that grounds our understanding of how those who live in the United States are considered Americans. Susan J. Pearson is associate professor of history at Northwestern University and the author of The Rights of the De

In one of the most “exciting and engaging” (Gordon S. Wood) histories of the American founding in decades, Pulitzer Prize–winning historian Joseph J. Ellis offers an epic account of the origins and clashing ideologies of America’s revolutionary era, recovering a war more brutal, and more disorienting, than any in our history, save perhaps the Civil War. For more than two centuries, historians have debated the history of the American Revolution, disputing its roots, its provenance, and above all, its meaning. These questions have intrigued Ellis―one of our most celebrated scholars of American history―throughout his entire career. With this much-anticipated volume, he at last brings the story of the revolution to vivid life, with “surprising relevance” (Susan Dunn) for our modern era. Completing a trilogy of books that began with Founding Brothers, The Cause: The American Revolution and Its Discontents, 1773-1783 (Liveright, 2021) returns us to the very heart of the American founding, telling the military and p

Much has been reported and discussed about the hotly debated issue of immigration enforcement, yet a question is still to be explored: What is the impact of the immigration enforcement on schools and our educational system? In Schools Under Siege: The Impact of Immigration Enforcement on Educational Equity (Harvard Education Press, 2021), Patricia Gándara and Jongyeon Ee addressed this question using rich and comprehensive data from their survey and interview studies. More than 6 million school aged children and youths live in a household in which at least one of their close family members is undocumented. Schools Under Siege sheds light on what the immigration enforcement by US Immigration and Customs Enforcement (ICE) means to these children. The book also explores the multi-faceted consequences, both direct and indirect, for their classmates, educators, schools, and communities. Schools Under Siege found that fear, stress, and trauma invoked by the threat of ICE detention and deportation contribute to incr

On July 17, 2018, starting an unjust war became a prosecutable international crime alongside genocide, crimes against humanity, and war crimes. Instead of collective state responsibility, our leaders are now personally subject to indictment for crimes of aggression, from invasions and preemptions to drone strikes and cyberattacks. Noah Weisbord, The Crime of Aggression: The Quest for Justice in an Age of Drones, Cyberattacks, Insurgents, and Autocrats (Princeton UP, 2019) is Noah Weisbord’s riveting insider’s account of the high-stakes legal fight to enact this historic legislation and hold politicians accountable for the wars they start. Weisbord, a key drafter of the law for the International Criminal Court, takes readers behind the scenes of one of the most consequential legal dramas in modern international diplomacy. Drawing on in-depth interviews and his own invaluable insights, he sheds critical light on the motivations of the prosecutors, diplomats, and military strategists who championed the fledgling

Political Scientist Mark Berlin’s new book, Criminalizing Atrocity: The Global Spread of Criminal Laws Against International Crimes (Oxford UP, 2020), examines the process through which laws against international crimes are established and integrated into the legal regimes of nations. One of the initial questions Berlin hoped to answer with his work was why do countries choose to pass and implement laws about genocide and atrocities—noting that there was no clear tracing of patterns around the world when he first started his research. It becomes clear that there are two prongs to this question, in terms of the answers: how do countries establish and integrate these laws, and why do they choose to do so. Criminalizing Atrocity outlines the answers to these questions, explaining that either countries take up a wholesale reform of their criminal codes, and in the process integrate laws against genocide and atrocities, or countries pass and implement specific laws targeted to atrocities and genocide. Berlin’s res

Seth Barrett Tillman, an associate professor of law at Maynooth University in Ireland, has written two revisionist articles about an incident from 1809 in North Carolina. In November of that year Jacob Henry was re-elected to the lower house of the North Carolina legislature. A fellow legislator moved to have Henry’s seat declared vacant because Henry purportedly failed the state constitution’s religious test. The next day there was a debate and the motion failed, allowing Henry to keep his seat. This unusual event has been cited by historians for different reasons. Some historians have contended that Henry was the victim of antisemitism and the failure to oust him was a sign that religious toleration had increased in the new nation. Whereas others have contended that the fact Henry was challenged at all demonstrates the bigotry of those who supported the challenge to Henry being seated. Tillman contends that recently unearthed newspaper accounts suggest the complexity and potential motives for the events are

The Deportation Express: A History of America Through Forced Removal (University of California Press, 2021) details the history of the United States' systematic expulsion of "undesirables" and immigrants, told through the lives of the passengers who travelled from around the world, only to be locked up and forced out aboard America's first deportation trains.  The United States, celebrated as a nation of immigrants and the land of the free, has developed the most extensive system of imprisonment and deportation that the world has ever known. The Deportation Express is the first history of American deportation trains: a network of prison railroad cars repurposed by the Immigration Bureau to link jails, hospitals, asylums, and workhouses across the country and allow forced removal with terrifying efficiency. With this book, historian Ethan Blue uncovers the origins of the deportation train and finds the roots of the current moment, as immigrant restriction and mass deportation once again play critical and troub

The archives produced by international courts have received little empirical, theoretical or methodological attention within international criminal justice (ICJ) or international relations (IR) studies. Yet, Henry Redwood argues in The Archival Politics of International Courts (Cambridge University Press, 2021), these archives both contain a significant record of past violence, and also help to constitute the international community as a particular reality. As such, this book first offers an interdisciplinary reading of archives, integrating new insights from IR, archival science and post-colonial anthropology to establish the link between archives and community formation. It then focuses on the International Criminal Tribunal for Rwanda's archive, to offer a critical reading of how knowledge is produced in international courts, provides an account of the type of international community that is imagined within these archives, and establishes the importance of the materiality of archives for understanding how

The idea that states share a responsibility to shield people everywhere from atrocities is presently under threat. Despite some early twenty-first century successes, including the 2005 United Nations endorsement of the Responsibility to Protect, the project has been placed into jeopardy due to catastrophes in such places as Syria, Myanmar, and Yemen; resurgent nationalism; and growing global antagonism. In Sharing Responsibility: The History and Future of Protection from Atrocities (Princeton UP, 2021), Luke Glanville seeks to diagnose the current crisis in international protection by exploring its long and troubled history. With attention to ethics, law, and politics, he measures what possibilities remain for protecting people wherever they reside from atrocities, despite formidable challenges in the international arena. With a focus on Western natural law and the European society of states, Glanville shows that the history of the shared responsibility to protect is marked by courageous efforts, as well as t

We often focus on enslaved people of color but Dr. Warren E. Milteer Jr.’s Beyond Slavery's Shadow: Free People of Color in the South (UNC Press, 2021) directs our attention to the people of color who were free -- and the complex web of intersecting values that led to significant inconsistencies in how they were treated and the institutions they built for themselves. Although many white southerners prized the racial hierarchy, Milteer insists that they also recognized other forms of hierarchy such as “gender, wealth, reputation, occupation, and family connections.” Engaging how these other forms of hierarchy intersected with racial categorization creates a rich history of how free people of color in the South negotiated legal regimes, political ideas, and institutions to carve out as much freedom as possible. Rejecting laws and political rhetoric as the only evidence for discerning the viewpoints of everyday people, Beyond Slavery’s Shadows places everyday people in their wider political and social contexts b

Intolerable: Writings from Michel Foucault and the Prisons Information Group (1970-1980) (University of Minnesota Press, 2021), edited by Kevin Thompson and Perry Zurn, is a groundbreaking collection of writings by Michel Foucault and the Prisons Information Group documenting their efforts to expose France's inhumane treatment of prisoners Founded by Michel Foucault and others in 1970-71, the Prisons Information Group (GIP) circulated information about the inhumane conditions within the French prison system. Intolerable makes available for the first time in English a fully annotated compilation of materials produced by the GIP during its brief but influential existence, including an exclusive new interview with GIP member Hélène Cixous and writings by Gilles Deleuze and Jean Genet. These archival documents--public announcements, manifestos, reports, pamphlets, interventions, press conference statements, interviews, and round table discussions--trace the GIP's establishment in post-1968 political turmoil, the