New Books in Law

Latest Episodes:

Junaid Quadri, "Transformations of Tradition: Islamic Law in Colonial Modernity" (Oxford UP, 2021) Apr 09, 2021

Show notes

In his much anticipated and equally brilliant book Transformations of Tradition: Islamic Law in Colonial Modernity (Oxford UP, 2021), Junaid Quadri explores the productive tensions, fissures, and creative interpretive projects enabled by the drive to defend Muslim traditionalism under the looming shadows of colonial modernity. By focusing on the thought and career of the towering 20th century Egyptian scholar Bakhit al-Mutiʿi, Quadri interrogates ways in which new technologies like the telescope and telegraph interacted with traditional norms like moonsighting (for announcing beginning of Ramadan and ‘Id) to generate vexing yet fascinating conundrums of normative knowledge and practice for traditionalist scholars like Bakhit. Much of this book interrogates the hermeneutical strategies, tussles of religious authority, and new conceptions of religion that went into attempted resolutions of such novel conundrums. While maintaining normative fidelity to the tradition, Bakhit also transformed the tradition in indelible ways, Quadri argues. This engaging and provocative book will interest scholars from multiple fields, and spark great conversations in the classroom as well.

SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His book Defending Muhammad in Modernity (University of Notre Dame Press, 2020) received the American Institute of Pakistan Studies 2020 Book Prize. His other academic publications are available here. He can be reached at sherali.tareen@fandm.edu. Listener feedback is most welcome.

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Michael Rosino, "Debating the Drug War: Race, Politics, and Media in the War on Drugs Debate" (Routledge, 2021) Apr 09, 2021

Show notes

Since President Nixon coined the phrase, the "War on Drugs" has presented an important change in how people view and discuss criminal justice practices and drug laws. The term evokes images of militarization, punishment, and violence, as well as combat and the potential for victory. It is no surprise then that questions such as whether the "War on Drugs" has "failed" or "can be won" have animated mass media and public debate for the past 40 years.

Through analysis of 30 years of newspaper content, Debating the Drug War: Race, Politics, and Media in the War on Drugs Debate (Routledge, 2021) examines the social and cultural contours of this heated debate and explores how proponents and critics of the controversial social issues of drug policy and incarceration frame their arguments in mass media. Additionally, it looks at the contemporary public debate on the "War on Drugs" through an analysis of readers' comments drawn from the comments sections of online news articles.

Through a discussion of the findings and their implications, the book illuminates the ways in which ideas about race, politics, society, and crime, and forms of evidence and statistics such as rates of arrest and incarceration or the financial costs of drug policies and incarceration are advanced, interpreted, and contested. Further, the book will bring to light how people form a sense of their racial selves in debates over policy issues tied to racial inequality such as the "War on Drugs" through narratives that connect racial categories to concepts such as innocence, criminality, free will, and fairness. Debating the Drug War offers readers a variety of concepts and theoretical perspectives that they can use to make sense of these vital issues in contemporary society.

Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers.

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Sasha Roseneil, "The Tenacity of the Couple-Norm: Intimate Citizenship Regimes in a Changing Europe." (UCL Press, 2020) Apr 07, 2021

Show notes

Sasha Roseneil, Professor of Interdisciplinary Social Science at the Institute of Advanced Studies and Dean of the Faculty of Social and Historical Studies at University College London joins today to talk about the new book The Tenacity of the Couple-Norm: Intimate Citizenship Regimes in a Changing Europe, out 2020 with UCL Press.

The Tenacity of the Couple-Norm explores the ongoing strength and insidious grip of couple-normativity across changing landscapes of law, policy and everyday life in four contrasting national contexts: the UK, Bulgaria, Norway and Portugal.

By investigating how the couple-norm is lived and experienced, how it has changed over time, and how it varies between places and social groups, this book provides a detailed analysis of changing intimate citizenship regimes in Europe, and makes a major intervention in understandings of the contemporary condition of personal life. The authors develop the feminist concept of ‘intimate citizenship’ and propose the new concept of ‘intimate citizenship regime’, offering a study of intimate citizenship regimes as normative systems that have been undergoing profound change in recent decades. Against the backdrop of processes of de-patriarchalization, liberalization, pluralization and homonormalization, the ongoing potency of the couple-norm becomes ever clearer.

The authors provide an analysis of how the couple-form is institutionalized, supported and mandated by legal regulations, social policies and everyday practices, and how this serves to shape the intimate life choices and trajectories of those who seem to be living aslant to the conventional heterosexual cohabiting couple-form. Attending also to practices and moments that challenge couple-normativity, both consciously chosen and explicit, as well as circumstantial, subconscious and implicit, The Tenacity of the Couple-Norm makes an important contribution to literatures on citizenship, intimacy, family life, and social change in sociology, social policy, socio-legal studies, gender/sexuality/queer studies and psychosocial studies.

This book was researched and written through an EU grant by a pan-European group of scholars. As a result, it is available for free; follow the link above.

Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender.

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Siobhán Hearne, "Policing Prostitution: Regulating the Lower Classes in Late Imperial Russia" (Oxford UP, 2021) Apr 07, 2021

Show notes

Siobhán Hearne'sPolicing Prostitution: Regulating the Lower Classes in Late Imperial Russia(Oxford UP, 2021) examines the complex world of commercial sex in the late Russian Empire. From the 1840s until 1917, prostitution was legally tolerated across the Russian Empire under a system known as regulation. Medical police were in charge of compiling information about registered prostitutes and ensuring that they followed the strict rules prescribed by the imperial state governing their visibility and behaviour. The vast majority of women who sold sex hailed from the lower classes, as did their managers and clients. This study examines how regulation was implemented, experienced, and resisted amid rapid urbanization, industrialization, and modernization around the turn of the twentieth century. Each chapter examines the lives and challenges of different groups who engaged with the world of prostitution, including women who sold sex, the men who paid for it, mediators, the police, and wider urban communities.

Drawing on archival material from Russia, Ukraine, Belarus, Latvia, Lithuania, and Estonia, Policing Prostitution illustrates how prostitution was an acknowledged, contested, and ever-present component of lower-class urban society in the late imperial period. In principle, the tsarist state regulated prostitution in the name of public order and public health; in practice, that regulation was both modulated by provincial police forces who had different local priorities, resources, and strategies, and contested by registered prostitutes, brothel madams, and others who interacted with the world of commercial sex.

Siobhán Hearne is a historian of gender and sexuality in the Russian Empire and the Soviet Union. She received her PhD from the University of Nottingham and is currently a Leverhulme Early Career Fellow at Durham University in the UK. She is also one of the editors of the website Peripheral Histories, a collaborative digital history project exploring ‘peripheral’ spaces in the Russian Empire, Soviet Union, and post-Soviet world.

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Rory Kress, "The Doggie in the Window: How One Dog Led Me from the Pet Store to the Factory Farm to Uncover the Truth of Where Puppies Really Come From" (Sourcebooks, 2018) Apr 07, 2021

Show notes

When journalist Rory Kress met Izzie, she didn’t think twice before bringing her home. She found the twelve-week-old wheaten terrier in a pet shop and was handed paperwork showing Izzie had been born in a USDA-licensed breeding facility—so she couldn’t be a puppy mill dog, right?

But a few years later, as Rory embarked on her own difficult journey to become a mother, her curiosity began to tug at her. Sure, Izzie was her fur baby, but who was her dog’s real mother, and where was she now? And where did Izzie pick up her strange personality quirks? Like so many people, Rory had assumed the young puppy was a clean slate when she bought her. Those questions led Rory—with Izzie by her side—on a nationwide investigation, the first of its kind. From a dog livestock auction to the laboratory of one of the world’s leading animal behavioral scientists all the way up to the highest echelons of the USDA, they sought answers about who we’re trusting to be the watchdog for our pet dogs.

The Doggie in the Window (Sourcebooks, 2018) is a story of hope and redemption. It upends the notion that purchased dogs are a safer bet than rescues, examines how internet puppy sales allow customers to get even farther from the truth of dog breeding, and offers fresh insights into one of the oldest bonds known to humanity. With Izzie’s help, we learn the real story behind the dog in the window—and how she got there in the first place.

Rory Kress is a journalist and a national Emmy Award-winning television producer. She has reported on Iraqi refugees in Jordan coping through rollerblading, surrogate mothers giving birth to American babies in India, the cultural awakening of Jewish youths in Poland, and the conversions of Hispanic Americans to Islam in New Jersey. She was the news producer for NBC's Today Show and is a graduate of the Columbia University Graduate School of Journalism and Princeton University. She lives in Denver with her family and her dog, Izzie.

Mark Molloy is the reviews editor at MAKE: A Literary Magazine.

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Stuart P. Green, "Criminalizing Sex: A Unified Liberal Theory" (Oxford UP, 2020) Apr 07, 2021

Show notes

Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, and revenge porn. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence.

At the heart of Stuart P. Green's book Criminalizing Sex: A Unified Liberal Theory (Oxford UP, 2020) is a consideration of a deeply contested question: How should a liberal system of criminal law adequately protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private consensual) sexual conduct in which they do wish to participate? The book develops a framework for harmonizing these goals in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape and sexual assault in a variety of forms, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia. Intellectually rigorous, fair-minded, and deeply humane, Criminalizing Sex offers a fascinating discussion of a wide range of moral and legal puzzles, arising out of real-world cases of alleged sexual misconduct - a discussion that is all the more urgent in the age of #MeToo.

Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers.

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Roundtable on Asian Migrant Sex Work Apr 06, 2021

Show notes

This episode features three interviews with organizers and scholars concerned with Asian migrant sex work: SWAN Vancouver (Alison Clancey and Kelly Go), Dr. Lily Wong, and Dr. Yuri Doolan.

On March 16, 2021, Robert Aaron Long targeted three Atlanta-area spas and massage parlors and killed eight people: Delania Ashley Yuan González, Xiaojie Tan, Daoyou Feng, Paul Andre Michels, Hyun Jung Grant, Soon Chung Park, Suncha Kim, and Yong Ae Yue. Six of these victims were Asian women. Within the days following the shooting, many groups representing women, Asian Americans, sex workers, and migrants, have collectively mourned and sent strength and solidarity to the eight victims and their families.

This podcast episode seeks to express solidarity with these groups by highlighting the work of scholars and organizers who have been studying the racially encoded figures and the broader histories of Asian migrant sex work. We hope to give space here to understand how the violence that occurred on March 16 was imbricated within a racial capitalist structure that views Asian and Asian American women as disposable objects, a view that has been historically continuous with the histories of Chinese exclusion (initiated by fears of Chinese sex workers and yellow peril), and with over one hundred and fifty years of US imperialism in Asia, from the colonial theft of Hawai’i and the Philippine-American War to Japanese Incarceration, The Korean War, The Vietnam War, and the growth of over eight-hundred military bases across the world.

As the organizers and scholars interviewed here stress, it is crucial now to join groups local and international that stand for the decriminalization of migration and sex work, and to reject calls for hate-crime laws or anti-sex trafficking laws, or any legislation that would bring more policing, all of which would only make migrants and sex workers more vulnerable and stigmatized.

Christopher B. Patterson is an Assistant Professor in the Social Justice Institute at the University of British Columbia.

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Thomas David Parker, "Avoiding the Terrorist Trap: Why Respect for Human Rights is the Key to Defeating Terrorism" (World Scientific, 2019) Apr 02, 2021

Show notes

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 is the only truly effective approach to defeating terrorism.

World Scientific is offering NBN's listeners a discount on this book:

-55% discount code (Hardback): P995PARKERHC

-30% discount code (E-Book): P995PARKEREB

Beth Windisch is a national security practitioner.

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Thomas C. Holt, "The Movement: The African American Struggle for Civil Rights" (Oxford UP, 2021) Apr 01, 2021

Show notes

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, grassroots people who made it. Holt conveys a sense of these developments as a social movement, one that shaped its participants even as they shaped it. He emphasizes the conditions of possibility that enabled the heroic initiatives of the common folk over those of their more celebrated leaders. This groundbreaking book reinserts the critical concept of "movement" back into our image and understanding of the civil rights movement.

Marshall Poe is the editor of the New Books Network. He can be reached at marshallpoe@newbooksnetwork.com

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Daniel C. Mattingly, "The Art of Political Control in China" (Cambridge UP, 2019) Apr 01, 2021

Show notes

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 governments - foster political compliance through coercive mechanisms.

Daniel Mattingly is Assistant Professor of Political Science at Yale University. His work focuses on the political economy of development and authoritarian politics with a focus on China. Some of his current research focuses on the military, revolutions, elite politics, and technological innovation in China, both in the present in past.

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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