New Books in Law

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Victoria Canning and Steve Tombs, "From Social Harm to Zemiology: A Critical Introduction" (Routledge, 2021) Jun 18, 2021

Show notes

Victoria Canning and Steve Tombs' book From Social Harm to Zemiology: A Critical Introduction (Routledge, 2021) outlines key developments in understanding social harm by setting out its historical foundations and the discussions which have proliferated since. It examines various attempts to conceptualise social harm and highlights key sites of contestation in its relationship to criminology to argue that these act as the basis for an activist zemiology, one directed towards social change for social justice. The past two decades have seen a proliferation of debate related to social harm in and around criminology. From climate catastrophe and a focus on environmental harms, unprecedented deaths generating focus on border harms and the coronavirus pandemic revealing the horror of mass and arguably avoidable deaths across the globe, critical studies in social harm appear ever more pressing.

Drawing on a range of international case studies of cultural, emotional, physical and economic harms, From Social Harm to Zemiology locates the study of social harm in an accessible fashion. In doing so it sets out how a zemiological lens can moves us beyond many of the problematic legacies of criminology. This book rejects criminologies which have disproportionately served to regulate intersectional groups, and which have arguably inflicted as much or more harm by bolstering the very ideologies of control in offering minor reforms that inadvertently expand and strengthen states and corporations. It does this by sketching out the contours, objects, methods and ontologies of a disciplinary framework which rejects commonplace assumptions of 'value freedom'. From Social Harm to Zemiology advocates social change in accordance with groups who are most disenfranchised, and thus often most socially harmed.

An accessible and compelling read, this book is essential reading for all zemiologists, critical criminologists, and those engaged with criminological and social theory.

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David Arditi, "Getting Signed: Record Contracts, Musicians, and Power in Society" (Palgrave Macmillan, 2020) Jun 16, 2021

Show notes

How does the record industry work? In Getting Signed: Record Contracts, Musicians, and Power in Society (Palgrave Macmillan, 2020), David Arditi, Associate Professor in Sociology and Anthropology at University of Texas at Arlington, analyses the ideology of getting signed and getting a record contract to show the alienating and exploitative effects of the record industry on musicians and the making of music. The book blends ethnographic fieldwork with critical theoretical analysis, looking at a range of issues in music, from the ‘strained solidarity’ of being in a band, the negative impact of competition and competitiveness in the music industry and in society, to longstanding issues about copyright. The book is essential reading across arts, humanities and the social sciences, as well as for anyone interested in music today.

Dave O'Brien is Chancellor's Fellow, Cultural and Creative Industries, at the University of Edinburgh's College of Art.

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Clarence Jefferson Hall Jr, "A Prison in the Woods: Environment and Incarceration in New York’s North Country" (U Massachusetts Press, 2020) Jun 16, 2021

Show notes

Since the mid-nineteenth century, Americans have known the Adirondack Mountains of upstate New York as a site of industrial production, a place to heal from disease, and a sprawling outdoor playground that must be preserved in its wild state. Less well known, however, has been the area's role in hosting a network of state and federal prisons. A Prison in the Woods traces the planning, construction, and operation of penitentiaries in five Adirondack Park communities from the 1840s through the early 2000s to demonstrate that the histories of mass incarceration and environmental consciousness are interconnected.

In A Prison in the Woods: Environment and Incarceration in New York’s North Country (U Massachusetts Press, 2020), Clarence Jefferson Hall Jr. reveals that the introduction of correctional facilities—especially in the last three decades of the twentieth century—unearthed long-standing conflicts over the proper uses of Adirondack nature, particularly since these sites have contributed to deforestation, pollution, and habitat decline, even as they've provided jobs and spurred economic growth. Additionally, prison plans have challenged individuals' commitment to environmental protection, tested the strength of environmental regulations, endangered environmental and public health, and exposed tensions around race, class, place, and belonging in the isolated prison towns of America's largest state park.

Clarence Jefferson Hall, Jr. is an assistant professor of history at Queensborough Community College.

Brian Hamilton is Chair of the Department of History and Social Science at Deerfield Academy and a Ph.D. candidate at the University of Wisconsin–Madison. Twitter. Website.

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Javier Guerrero C., "Narcosubmarines: Outlaw Innovation and Maritime Interdiction in the War on Drugs" (Palgrave, 2020) Jun 15, 2021

Show notes

Javier Guerrero's "Narcosubmarines: Outlaw Innovation and Maritime Interdiction in the War on Drugs" (Palgrave MacMillan, 2020) is about the encounters of Colombian drug smugglers and the Colombian Navy, both in the open seas and along coastlines. Guerrero specifically examines the technologies involved in the War on Drugs, such as the narcosubmarines and patrol boats, the knowledge required to transport drugs and the knowledge required to stop the illicit flows.

The author presents compelling new evidence for advancing an understanding of technological innovation in antagonist contexts, as well as the symbiotic and co-evolutionary character of the process of technological innovation in the War on Drugs. This book will appeal both to practitioners and scholars interested in the War on Drugs and the production of technologies in outlaw contexts.

Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS.

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Erika Dyck and Maureen Lux, "Challenging Choices: Canada's Population Control in the 1970s" (McGill-Queen's UP, 2020) Jun 15, 2021

Show notes

Between the decriminalization of contraception in 1969 and the introduction of the Charter of Rights and Freedoms in 1982, a landmark decade in the struggle for women's rights, public discourse about birth control and family planning was transformed. At the same time, a transnational conversation about the "population bomb" that threatened global famine caused by overpopulation embraced birth control technologies for a different set of reasons, revisiting controversial ideas about eugenics, heredity, and degeneration.

In Challenging Choices: Canada's Population Control in the 1970s(McGill-Queen's University Press, 2020), Erika Dyck and Maureen Lux argue that reproductive politics in 1970s Canada were shaped by competing ideologies on global population control, poverty, personal autonomy, race, and gender. For some Canadians the 1970s did not bring about an era of reproductive liberty but instead reinforced traditional power dynamics and paternalistic structures of authority. Dyck and Lux present case studies of four groups of Canadians who were routinely excluded from progressive, reformist discourse: Indigenous women and their communities, those with intellectual and physical disabilities, teenage girls, and men.

In different ways, each faced new levels of government regulation, scrutiny, or state intervention as they negotiated their reproductive health, rights, and responsibilities in the so-called era of sexual liberation. While acknowledging the reproductive rights gains that were made in the 1970s, the authors argue that the legal changes affected Canadians differently depending on age, social position, gender, health status, and cultural background. Illustrating the many ways to plan a modern family, these case studies reveal how the relative merits of life and choice were pitted against each other to create a new moral landscape for evaluating classic questions about population control.

Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context.

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Peter C. Mancall, "The Trials of Thomas Morton" (Yale UP, 2019) Jun 14, 2021

Show notes

Every good story needs a villain, and some of the early chroniclers of the pilgrim and puritan settlements found all they needed for this type of character in Thomas Morton. Peter C. Mancall tells the story in The Trials of Thomas Morton: An Anglican Lawyer, His Puritan Foes, and the Battle for a New England (Yale UP, 2019), in what reads perhaps like a historical legal thriller novel. Most of our knowledge of Morton comes from the records left by his enemies, but Mancall's new research into this enigmatic figure unveils how this unlikely anti-hero can shed tremendous light on alternate possibilities in the contentious early years of the European-Native encounter. Morton's own writings portray a vision of an altogether different kind of indigenous–settler future. Yet Morton's continued antagonism of the Plymouth and Massachusetts Bay colonial governments led to his repeated exile. While he was repudiated by the earliest generations of readers for debauchery and political menace, subsequent generations continue to find in Thomas Morton a countercultural icon in a world dominated by religious dissidents.

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Martin Halliwell, "American Health Crisis: One Hundred Years of Panic, Planning, and Politics" (U California Press, 2021) Jun 11, 2021

Show notes

Despite enormous advances in medical science and public health education over the last century, access to health care remains a dominant issue in American life. U.S. health care is often hailed as the best in the world, yet the public health emergencies of today often echo the public health emergencies of yesterday: consider the Great Influenza Pandemic of 1918–19 and COVID-19, the displacement of the Dust Bowl and the havoc of Hurricane Maria, the Reagan administration’s antipathy toward the AIDS epidemic and the lack of accountability during the water crisis in Flint, Michigan.

Spanning the period from the presidency of Woodrow Wilson to that of Donald Trump, American Health Crisis: One Hundred Years of Panic, Planning, and Politics (University of California Press, 2021) illuminates how—despite the elevation of health care as a human right throughout the world—vulnerable communities in the United States continue to be victimized by structural inequalities across disparate geographies, income levels, and ethnic groups. Martin Halliwell views contemporary public health crises through the lens of historical and cultural revisionings, suturing individual events together into a narrative of calamity that has brought us to our current crisis in health politics. American Health Crisis considers the future of public health in the United States and, presenting a reinvigorated concept of health citizenship, argues that now is the moment to act for lasting change.

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Amaka Okechukwu, "To Fulfill These Rights: Political Struggle Over Affirmative Action and Open Admissions" (Columbia UP, 2019) Jun 11, 2021

Show notes

In 2014 and 2015, students at dozens of colleges and universities held protests demanding increased representation of Black and Latino students and calling for a campus climate that was less hostile to students of color. Their activism recalled an earlier era: in the 1960s and 1970s, widespread campus protest by Black and Latino students contributed to the development of affirmative action and open admissions policies. Yet in the decades since, affirmative action has become a magnet for conservative backlash and in many cases has been completely dismantled.

In To Fulfill These Rights: Political Struggle Over Affirmative Action and Open Admissions (Columbia University Press, 2019), Amaka Okechukwu offers a historically informed sociological account of the struggles over affirmative action and open admissions in higher education. Through case studies of policy retrenchment at public universities, she documents the protracted―but not always successful―rollback of inclusive policies in the context of shifting race and class politics. To Fulfill These Rights provides a new analysis of the politics of higher education, centering the changing understandings and practices of race and class in the United States.

Amaka Okechukwu is an Assistant Professor of sociology at George Mason University.

Schneur Zalman Newfield is an Assistant Professor of Sociology at Borough of Manhattan Community College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press, 2020). Visit him online at ZalmanNewfield.com.

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C. Kong and A. Ruck Keene, "Overcoming Challenges in the Mental Capacity Act 2005" (Jessica Kingsley, 2018) Jun 10, 2021

Show notes

Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley Publishers, 2019) both delivers on what promises and more: it gives practical and ethical guidance for mental health law practitioners, and applicable tools to apply the Mental Capacity Act 2005. It also provides the ethical and philosophical justifications for doing so. This very useful book sets out the legal framework and within that shows how relationships can impact in both positive and negative ways. It demonstrates how autonomy can be supported within existing laws and practices and how to achieve excellent ethical standards in assessments of mental capacity and best interests.

In navigating the complexities of mental capacity law and practice, this book is essential reading for students and practitioners of law, and for those who work in medicine, mental health services and social care. It is also of great significance for those interested in the task of law reform - legislators, researchers and philosophers alike will make great use of this book. This is an important book which provides insight into how the law can either support or obstruct the autonomy of people whose capacity comes into question.

Dr. Camillia Kong is a Senior Research Fellow at the Institute for Crime and Justice Policy Research (ICPR) at Birkbeck, University of London. She is a moral and political philosopher with research expertise on medico-legal conceptualisation of mental capacity, the ethics of psychiatry and psychiatric genomics, and the hermeneutics and phenomenology of mental disorder.

Alex Ruck Keene of 39 Essex Chambers, is an experienced barrister, writer and educator. His practice is focused on mental capacity and mental health law, in which he is able to provide specialist advice and representation, as well as delivering expert training for front line professionals. He also writes extensively in the field, including publishing the 39 Essex Chambers Mental Capacity Law Report, the ‘bible’ for solicitors (and others) working in the area. He holds a number of prestigious academic roles and is the creator of the website http://www.mentalcapacitylawandpolicy.org.uk/.

Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK

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George Klosko, "Why Should We Obey the Law?" (Polity Press, 2018) Jun 09, 2021

Show notes

In his new book Why Should We Obey the Law? (Polity Press, 2018), George Klosko, the Henry L. and Grace Doherty Professor of Politics at the University of Virginia, has provided an introduction to the competing theories behind why people should obey the law. What Klosko refers to as “political obligations” exist in all societies, but he seeks to reveal the different justifications for such obligations in modern liberal democracies and republics. He reviews the reasons behind theories such as consent, consequentialism, and fairness, all of which have specific inadequacies for justifying broad, society-wide political obligations. Klosko also reviews his own preferred theory: multiple-principle theory, which he describes as a common-sensical approach to why we should obey the law.

Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University.

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