New Books In Law

Faced with a major terrorist threat, states seem to reach instinctively for the most coercive tools in their arsenal and, in doing so, risk exacerbating the situation. This policy response seems to be driven in equal parts by a lack of understanding of the true nature of the threat, an exaggerated faith in the use of force, and a lack of faith that democratic values are sufficiently flexible to allow for an effective counter-terrorism response. Drawing on a wealth of data from both historical and contemporary sources, Thomas David Parker's Avoiding the Terrorist Trap: Why Respect for Human Rights is the Key to Defeating Terrorism (World Scientific, 2019) addresses common misconceptions underpinning flawed counter-terrorist policies, identifies the core strategies that guide terrorist operations, consolidates the latest research on the underlying drivers of terrorist violence, and demonstrates how a comprehensive and coherent counter-terrorism strategy grounded in respect for human rights and the rule of law i

The Art of Political Control in China (Cambridge University Press, 2019) shows how China's authoritarian state ensures political control by non-violent mechanisms. Daniel C. Mattingly demonstrates how coercive control is achieved through informal means to achieve goals such as land redistribution, the enforcement of family planning policies, and the suppression of protest. He draws on a broad combination of empirical evidence - from qualitative case studies, experiments and national surveys, to challenge conventional understandings of political control. Surprisingly, Mattingly shows that it is strong civil societies which strengthens the state's coercive capacities, while those that lack strong civil societies have the greatest potential to act collectively and spontaneously to resist the state.  The Art of Political Control in China was named one of Foreign Affairs Magazine as one of the best books in 2020. It is important reading for our times to understand how governments - and especially authoritarian gov

Evil is among our everyday moral concepts. It is common to hear politicians and others condemn certain acts, purposes, people, or even populations as evil. But what does it mean to say that something is evil? Is the evil simply the exceedingly wrong? Is evil rather a distinctive kind of wrongness? Is it a kind of wrongness at all? Are acts evil regardless of the motives of those who commit them, or are people the things that are fundamentally evil (or not)? It takes only a few simple questions to complicate our familiar conception of evil. That’s partly the point of Luke Russell’s fascinating book, Being Evil: A Philosophical Perspective (Oxford UP, 2020). In it, he takes the reader through a careful analysis of the concept of evil. Along the way, he develops and defends his own conception of what evil is. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The civil rights movement was among the most important historical developments of the twentieth century and one of the most remarkable mass movements in American history. Not only did it decisively change the legal and political status of African Americans, but it prefigured as well the moral premises and methods of struggle for other historically oppressed groups seeking equal standing in American society. And, yet, despite a vague, sometimes begrudging recognition of its immense import, more often than not the movement has been misrepresented and misunderstood. For the general public, a singular moment, frozen in time at the Lincoln Memorial, sums up much of what Americans know about that remarkable decade of struggle. In The Movement: The African American Struggle for Civil Rights (Oxford UP, 2021), Thomas C. Holt provides an informed and nuanced understanding of the origins, character, and objectives of the mid-twentieth-century freedom struggle, privileging the aspirations and initiatives of the ordinary

Why did the international drug regulatory regime of the twentieth century fail to stop an explosive increase in trade and consumption of illegal drugs? This study investigates the histories of smugglers and criminal entrepreneurs in the Netherlands who succeeded in turning the country into the so-called ‘Colombia of Europe’ or, ‘the international drug supermarket’. Increasing state regulations and interventions led to the proliferation of a ‘hydra’ of small, anarchic groups and networks ideally suited to circumvent the enforcement of regulation. Networks of smugglers and suppliers of heroin, cocaine, cannabis, XTC, and other drugs were organized without a strict formal hierarchy and based on personal relations and cultural affinities rather than on institutional arrangements. These networks created a thriving underground industry of illegal synthetic drug laboratories and indoor cannabis cultivation in the Netherlands itself. Their operations were made possible and developed because of the deep historical soc

Stuart Rees's Cruelty or Humanity: Challenges, Opportunities and Responsibilities (Policy Press, a Bristol University Press imprint, 2020) exposes politicians' fascination with cruelty in their deliberations about policies. Through empirical analysis, human stories and poetic commentary, he identifies non-destructive exercise of power, courageous public action and compelling humanitarian alternatives as the key to achieving a future in which dignity and equality flourish. Documenting case studies from around the world, the book exposes politicians’ cruel motives and the resulting outcomes. Using first-hand observations and insights from international poets, the work argues for courageous action to support non-violence in every aspect of public and private life for the survival of people, animals and the planet. Stuart Rees is Professor Emeritus at the University of Sydney and a human rights activist in several countries. He is regarded as one of Australia’s most consistent campaigners for justice. Bede Haines

How does a specific American religious identity acquire racial meaning? What happens when we move beyond phenotypes and include clothing, names, and behaviors to the characteristics that inform ethnoracial categorization? Forever Suspect, Racialized Surveillance of Muslim Americans in the War on Terror (Rutgers University Press, 2018) provides a nuanced portrayal of the experiences of South Asian and Arab Muslims in post 9/11 America and the role of racialized state and private citizen surveillance in shaping Muslim lived experiences.  Saher Selod, an Associate Professor of Sociology at Simmons University, shares with us her story of growing up in Kansas and Texas and how writing this book helped her reclaim her own racialized experiences as the children of Pakistani immigrants to the US. Saher first began this project as a doctoral student at the University of Texas at Austin. As she returned to the dissertation to craft it into a book, she realized that beyond just race, racism and racialization, surveillan

In 1836, an enslaved six-year-old girl named Med was brought to Boston by a woman from New Orleans who claimed her as property. Learning of the girl's arrival in the city, the Boston Female Anti-Slavery Society (BFASS) waged a legal fight to secure her freedom and affirm the free soil of Massachusetts. While Chief Justice Lemuel Shaw ruled quite narrowly in the case that enslaved people brought to Massachusetts could not be held against their will, BFASS claimed a broad victory for the abolitionist cause, and Med was released to the care of a local institution. When she died two years later, celebration quickly turned to silence, and her story was soon forgotten. As a result, Commonwealth v. Aves is little known outside of legal scholarship. In The Case of the Slave-Child, Med: Free Soil in Antislavery Boston (University of Massachusetts Press, 2019), Karen Woods Weierman complicates Boston's identity as the birthplace of abolition and the cradle of liberty, and restores Med to her rightful place in antislave

For decades, a secret army of tax attorneys, accountants and wealth managers has been developing into the shadowy Wealth Defense Industry. These ‘agents of inequality’ are paid millions to hide trillions for the richest 0.01%. In The Wealth Hoarders: How Billionaires Pay Millions to Hide Trillions (Polity, 2021), inequality expert Chuck Collins, who himself inherited a fortune, interviews the leading players and gives a unique insider account of how this industry is doing everything it can to create and entrench hereditary dynasties of wealth and power. He exposes the inner workings of these “agents of inequality”, showing how they deploy anonymous shell companies, family offices, offshore accounts, opaque trusts, and sham transactions to ensure the world’s richest pay next to no tax. He ends by outlining a robust set of policies that democratic nations can implement to shut down the Wealth Defense Industry for good. This shocking exposé of the insidious machinery of inequality is essential reading for anyone

There are currently eleven million Uyghurs living in China, but more than one million are being held in so-called reeducation camps. A cultural genocide is taking place under the guise of counterterrorism.  In this profound and explosive book, Sean Roberts shows how China is using the US-led global war on terror to erase and replace Uyghur culture and persecute this ethnic minority in what has become the largest program of mass detention and surveillance in the world. In The War on the Uyghurs: China's Internal Campaign Against a Muslim Minority, Roberts contextualises these harms in the PRC's colonial legacy of the region. He demonstrates how the Chinese government was able to brand Uyghur dissent as a dangerous terrorist threat which had links with al-Qaeda. He argues that a nominal militant threat was a 'self-fulfilling prophecy'; the limited response to more than a decade of harsh repression and surveillance.  This is the humanitarian catastrophe that the world needs to know about now. Beyond the destruct

The rise of Neo-Evangelicalism as a social and political American movement accompanied shifting attitudes in broader American criminal justice policies. Religious leaders from Billy Graham to David Wilkerson found growing concerns around juvenile delinquency and general lawbreaking as strategic connection points for their evangelistic message and ministries. In God's Law and Order: The Politics of Punishment in Evangelical America (Harvard UP, 2020), Aaron Griffith explores the rhetoric of crime and punishment in the postwar Evangelical movement. The rhetoric of law and order became deeply enmeshed with religious conservatism, but not without attending efforts at criminal justice reform as growing number of Americans, disproportionately from urban and minority populations, spent years in state incarceration. In this expertly researched volume, Griffith presents a complex and important investigation into a timely subject in the recent past of the history of religion in politics in American society. Find out mo

An Organ of Murder: Crime, Violence, and Phrenology in Nineteenth-Century America (Rutgers UP, 2021) explores the origins of both popular and elite theories of criminality in the nineteenth-century United States, focusing in particular on the influence of phrenology. In the United States, phrenology shaped the production of medico-legal knowledge around crime, the treatment of the criminal within prisons and in public discourse, and sociocultural expectations about the causes of crime. The criminal was phrenology’s ideal research and demonstration subject, and the courtroom and the prison were essential spaces for the staging of scientific expertise. In particular, phrenology constructed ways of looking as well as a language for identifying, understanding, and analyzing criminals and their actions. This work traces the long-lasting influence of phrenological visual culture and language in American culture, law, and medicine, as well as the practical uses of phrenology in courts, prisons, and daily life. Clair

This episode of Ethnographic Marginalia features Dr. Leslie MacColman, a Postdoctoral Scholar in Sociology at The Ohio State University who studies crime and policing in Latin America. Leslie explains how extensive experiences with civil society organizations inspired her move to academia while continuing to inform her research. She then describes research on police reform in Buenos Aires and how a project that centered police experiences grew to include government officials, activists, sex workers, and homeless teens. Leslie tells us how her identity as an American woman affected the way her participants related to her, and how her responsibilities as a mother affected the kind of fieldwork she could do. Finally, she reflects on how recent calls for police reform in the US have affected how her own research is understood. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What does it mean to be an American? The story of the African American past demonstrates the difficulty of answering this seemingly simple question. If being "American" means living in a land of freedom and opportunity, what are we to make of those Americans who were enslaved and who have suffered from the limitations of second-class citizenship throughout their lives? African American history illuminates the United States' core paradoxes, inviting profound questions about what it means to be an American, a citizen, and a human being. Jonathan S. Holloway's The Cause of Freedom: A Concise History of African Americans (Oxford University Press, 2021) considers how, for centuries, African Americans have fought for what the black feminist intellectual Anna Julia Cooper called "the cause of freedom." It begins in Jamestown in 1619, when the first shipment of enslaved Africans arrived in that settlement. It narrates the creation of a system of racialized chattel slavery, the eventual dismantling of that system in t

In this book, Antonio Gasparetto studies in detail the legal history of the state of exception during the First Republic in Brazil (1889-1930).  Atmósfera de plomo: las declaraciones de estado de sitio en la Primera República Brasileña (Tirant lo Blanch, 2019) explores the origins as well as the transnational use of the term in international legislation in order to understand the particularities of the Brazilian case.  Gasparetto studies the use of the state of exception, a measure originally created to defend countries from external threats, but which was eventually used to repress opposition to government measures. The state of exception gradually became a tool for state repression, which in Brazil resulted in the death of about 15,000 people, as well as the exile of many others. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Prison abolition and decarceration are increasingly debated, but it is often without taking into account the largest exodus of people from carceral facilities in the twentieth century: the closure of disability institutions and psychiatric hospitals. Decarcerating Disability (2020, University of Minnesota Press) provides a much-needed corrective, combining a genealogy of deinstitutionalization with critiques of the current prison system. Liat Ben-Moshe (https://www.liatbenmoshe.com/) provides groundbreaking case studies that show how abolition is not an unattainable goal but rather a reality, and how it plays out in different arenas of incarceration—antipsychiatry, the field of intellectual disabilities, and the fight against the prison-industrial complex. Ben-Moshe discusses a range of topics, including why deinstitutionalization is often wrongly blamed for the rise in incarceration; who resists decarceration and deinstitutionalization, and the coalitions opposing such resistance; and how understanding deins

How does individual religious liberty apply to religiously affiliated groups? Edward A. David investigates the polarized ways legal theorists seek to understand group ontology in A Christian Approach to Corporate Religious Theory (Palgrave MacMillan, 2020).  David surveys the merits and pitfalls of prevailing approaches from within and without the Christian tradition. Many legal theorists are deeply skeptical of corporate group ontology, especially as religious groups have sometimes tended to conflate churches proper with religiously affiliated organizations in ways that can set uncomfortable precedents.  This book offers a novel way forward that suggests a retrieval of Saint Thomas Aquinas's theory of coordinated group activity to provide a more salient moral framework to evaluate the liberties and limits of religious groups. You can follow Edward David's work on his website or on Twitter (@edwardinoxford) Ryan David Shelton (@ryoldfashioned) is a social historian of British and American Protestantism and a

The Puritans of Early America did not start out with gendered society and piety. Instead, Monica D. Fitzerald suggests, growing tensions between lay men and clergy over what was perceived as a feminized piety led toward a gradual separation of masculinity and femininity into distinct spheres. In Puritans Behaving Badly: Gender, Religion, and Punishment in Early America (Cambridge UP, 2020), Fitzgerald presents original research in the church disciplinary records of censure cases among Puritan congregations in the first three generations of American Puritanism. The records tell a fascinating story about how, even though the Puritan ministers advocated a holistic spirituality that was at once inwardly pietistic and externally dutiful, the lists of sins and confessions recorded in the chronicles of church discipline cases indicate that only men were being held accountable for sins of duty and honor, and only women for sins of personal spirituality and heart religion. Filled with vivid tales of squabbles, rifts,

The concept of the individual self - a being that is autonomous, rational and largely without vulnerability - shapes current legal frameworks, the power dynamics between individuals, and limits the opportunities of many people who are marginalised to flourish in their own conception of the good life. In his latest book, Professor Jonathan Herring argues for a radical reconceptualisation of the self. One based not on individual rights, but instead which focuses on promoting and protecting caring relationships between people. He argues that the law has the potential to play a powerful role in shaping a relational concept of self, and that this is what it should do. Instead of discriminating against vulnerability, the law should celebrate the universal vulnerabilities of all. Rather than disadvantaging carers, the law has the power to recognise our mutual interdependence and interconnectedness; this will bring about a more equitable society for all, one in which the value and dignity of all variations of what it

On June 4, Federal Police raided the home of Walkley award-winning journalist Annika Smethurst, changing her life forever. The police claimed they were investigating the publication of classified information, her employer called it a 'dangerous act of intimidation'. Annika believes she was simply doing her job. Ms Smethurst became the accidental poster woman for press freedom. Politicians even debated the merits of police searching through her underwear drawer. On Secrets (Hachette, 2020) considers the impact this invasion has had on her life, and examines press freedom. Annika Smethurst is a Walkley award-winning journalist. She is the Daily Telegraph's and Sunday Herald Sun's political editor. Bede Haines is a solicitor, specialising in litigation and a partner at Holding Redlich, an Australian commercial law firm. He lives in Sydney, Australia. Known to read books, ride bikes and eat cereal (often). bede.haines@holdingredlich.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our s