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    Science

    New Books in Law

    This podcast is a channel on the New Books Network. The New Books Network is an academic audio library dedicated to public education. In each episode you will hear scholars discuss their recently published research with another expert in their field.

    Discover our 150+ channels and browse our 28,000+ episodes on our website: newbooksnetwork.com

    Subscribe to our free weekly Substack newsletter to get informative, engaging content straight to your inbox: https://newbooksnetwork.substack.com/

    Follow us on Instagram and Bluesky to learn about more our latest interviews: @newbooksnetwork

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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    Latest Episodes:
    Alexander Kaye, "The Invention of Jewish Theocracy: The Struggle for Legal Authority in Modern Israel" (Oxford UP, 2020) Sep 09, 2020
    Show notes

    The tension between secular politics and religious fundamentalism is a problem shared by many modern states. This is certainly true of the State of Israel, where the religious-secular schism provokes conflict at every level of society. Driving this schism is the idea of the halakhic state, the demand by many religious Jews that Israel should be governed by the law of the Torah as interpreted by Orthodox rabbis.

    The Invention of Jewish Theocracy: The Struggle for Legal Authority in Modern Israel (Oxford University Press) traces the origins of the idea, its development, and its crucial importance in Israel's past and present. The book also shows how the history of this idea engages with burning contemporary debates on questions of global human rights, the role of religion in Middle East conflicts, and the long-term consequences of European imperialism.

    The Invention of Jewish Theocracy is an intellectual history, based on newly discovered material from numerous Israeli archives, private correspondence, court records, and lesser-known published works. It explains why the idea of the halakhic state emerged when it did, what happened after it initially failed to take hold, and how it has regained popularity in recent decades, provoking cultural conflict that has severely shaken Israeli society.

    The book's historical analysis gives rise to two wide-reaching insights. First, it argues that religious politics in Israel can be understood only within the context of the largely secular history of European nationalism and not, as is commonly argued, as an anomalous exception to it. It shows how even religious Jews most opposed to modern political thought nevertheless absorbed the fundamental assumptions of modern European political thought and reread their own religious traditions onto that model.

    Second, it demonstrates that religious-secular tensions are built into the intellectual foundations of Israel rather than being the outcome of major events like the 1967 War. These insights have significant ramifications for the understanding of the modern state. In particular, the account of the blurring of the categories of "secular" and "religious" illustrated in the book are relevant to all studies of modern history and to scholars of the intersection of religion and human rights.

    Alexander Kaye, Karl, Harry, and Helen Stoll Chair of Israel Studies; Assistant Professor, Department of Near East and Judaic Studies, Brandeis University.

    Renee Garfinkel, Ph.D. is a Jerusalem-based psychologist, Middle East television commentator, and host of the Van Leer Jerusalem Series on Ideas with Renee Garfinkel https://newbooksnetwork.com/category/van-leer-institute/

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Jessica Whyte, "Morals of the Market: Human Rights and the Rise of Neoliberalism" (Verso, 2019) Sep 08, 2020
    Show notes

    Drawing on detailed archival research on the parallel histories of human rights and neoliberalism, in Morals of the Market: Human Rights and the Rise of Neoliberalism (Verso), Jessica Whyte uncovers the place of human rights in neoliberal attempts to develop a moral framework for a market society.

    In the wake of the Second World War, neoliberals saw demands for new rights to social welfare and self-determination as threats to “civilisation”. Yet, rather than rejecting rights, they developed a distinctive account of human rights as tools to depoliticise civil society, protect private investments and shape liberal subjects.

    Jessica Whyte is Scientia Associate Professor of Philosophy at the University of New South Wales. She has published widely on human rights, humanitarianism, sovereignty and war. She is author of Catastrophe and Redemption: The Political Thought of Giorgio Agamben, (SUNY 2013) and The Morals of the Market: Human Rights and the Rise of Neoliberalism (Verso, 2019) and an editor of Humanity: An International Journal of Human Rights, Humanitarianism and Development. More of her research is available here: https://unsw.academia.edu/JessicaWhyte

    Dr Alexandra Ortolja-Baird is a visiting researcher at the British Museum and teaches Digital Humanities at University College London.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Gema Kloppe-Santamaría, "Vortex of Violence: Lynching, Extralegal Justice, and the State in Post-Revolutionary Mexico" (U California Press, 2020) Sep 08, 2020
    Show notes

    In her new book In the Vortex of Violence: Lynching, Extralegal Justice, and the State in Post-Revolutionary Mexico (University of California Press), Gema Kloppe-Santamaría examines the history of violence enacted by groups against alleged transgressors who claimed to bring justice while acting beyond the rule of law.

    Focusing on the 1930s to 1950s, this book explores the roots of a phenomenon often mistakenly assumed to be a result of neoliberalism in Mexico and elsewhere in Latin America. Kloppe-Santamaría finds that extralegal violence was not a response to the absence of the state nor to increased crime levels, nor is it connected to traditional practices. Instead, lynching is a complex, political act that commonly occurred in urban and rural communities in Mexico.

    In these locales, the state was not absent, but some citizens rejected its forms of justice and deplored modernization programs that sought to remake their everyday practices. But state officials could condone or even participate in lynchings. Communities also used extralegal justice to correct perceived crimes against the Church and Catholic values, or to target threatening individuals who could be accused of witchcraft or other mythical offenses.

    The Mexican press avidly covered lynchings as spectacles, but the press did not always decry lynching and often suggested it was a necessary, moral act in the absence of speedy, fair legal justice from the state. This book is in dialogue with scholarship on lynching in the United States and illustrates the relevance of the Mexican case for scholars of extralegal violence in other places.

    Gema Kloppe-Santamaría is Assistant Professor of Latin American History at Loyola University Chicago.

    Rachel Grace Newman is Lecturer in the History of the Global South at Smith College. She has a Ph.D. in History from Columbia University. Her book manuscript in progress is titled Study Abroad, Transnational Youth, and the Politics of Modernization in Mexico. She is also the author of a book on a binational education program for Mexican migrant children. She is on Twitter (@rachelgnew).

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Carolyn J. Dean, "The Moral Witness: Trials and Testimony after Genocide" (Cornell UP, 2019) Sep 07, 2020
    Show notes

    The Moral Witness: Trials and Testimony after Genocide (Cornell University Press, 2019) is the first cultural history of the "witness to genocide" in the West. Carolyn J. Dean shows how the witness became a protagonist of twentieth-century moral culture by tracing the emergence of this figure in courtroom battles from the 1920s to the 1960s―covering the Armenian genocide, the Ukrainian pogroms, the Soviet Gulag, and the trial of Adolf Eichmann. In these trials, witness testimonies differentiated the crime of genocide from war crimes and began to form our understanding of modern political and cultural murder.

    By the turn of the twentieth century, the "witness to genocide" became a pervasive icon of suffering humanity and a symbol of western moral conscience. Dean sheds new light on the recent global focus on survivors' trauma. Only by placing the moral witness in a longer historical trajectory, she demonstrates, can we understand how the stories we tell about survivor testimony have shaped both our past and contemporary moral culture.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    J. Herbst and S. Lovegrove, "Brexit And Financial Regulation" (Oxford UP, 2020) Sep 04, 2020
    Show notes

    The UK’s transition from legally withdrawing from the EU to leaving the union’s single market will come to an end at midnight on December 31 with no successor trade agreement yet in place.

    For the UK’s financial sector, which accounts for 7% of the country’s economy and a million of its jobs, whether there is such an agreement and what shape it takes really matters.

    In Brexit and Financial Regulation(Oxford University Press, 2020), co-editors Jonathan Herbst and Simon Lovegrove have corralled 26 lawyers from 12 leading firms and chambers to explain why.

    Between them, they cover the history of the withdrawal process, the likely impact of Brexit on regulations of everything from how bankers are rewarded for success to how insolvent banks are wound up, and what could happen next in the negotiations.

    Jonathan Herbst is Global Head of Financial Services Regulation at law firm Norton Rose Fulbright.

    Tim Gwynn Jones is an economic and political-risk analyst at Medley Global Advisors.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Sara Mayeux, "Free Justice: A History of the Public Defender in Twentieth-Century America" (UNC Press, 2020) Sep 01, 2020
    Show notes

    Sara Mayeux is the author of Free Justice: A History of the Public Defender in Twentieth-Century America, published by the University of North Carolina Press in 2020. Free Justice explores the rise, both in the idea and practice, of the public defender throughout the 20th Century. More than just a strict legal history of the profession, Dr. Mayeux’s work looks beyond the confines of the courtroom or law firm to explore how the public defender was representative of changing ideas of not just law, but American identity. Free Justice expands our knowledge of how and why public defenders became as ubiquitous as they are today.

    Dr. Mayeux is an Associate Professor of Law at Vanderbilt University.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Matthew D. Wright, "A Vindication of Politics: On the Common Good and Human Flourishing" (UP of Kansas, 2019) Sep 01, 2020
    Show notes

    Rancor reigns in American politics. It is possible these days to regard politics as an arena that enriches and ennobles?

    Matthew D. Wright responds with a resounding yes in his 2019 book, A Vindication of Politics: On the Common Good and Human Flourishing (UP of Kansas, 2019).

    Wright takes issue with the instrumentalist view of politics and walks readers through key debates in the field of natural law and the ideas of titans in it, primarily John Finnis and Alasdair MacIntyre but discussing along the way some of their peers such as Robert P. George and Mark Murphy.

    In the section of the book on the relationship of government and the state to family matters, Wright takes on the notions of Amy Gutmann and Robin West, which allow for a level of interference in the family sphere greater than conservative thinkers could ever conceive of countenancing.

    Not only are living thinkers addressed but so are such figures as Aristotle, Edmund Burke and Abraham Lincoln.

    Wright shows us how to conduct ourselves on the basis of civic friendship, another major theme in his book.

    With Wright’s help, we learn what terms such as “the common good” and “human flourishing” mean in both everyday life and in the field of philosophy. He clarifies what terms such as “political culture,” “political association” and “political community” mean and enables us to grasp what it means to “think institutionally” and what the “moral imagination” is.

    Wright is hearteningly hopeful and shows that being part of a political community is easier than we think, is character building and is more vital than ever. His book is indeed a vindication of a part of human society, politics, that we cannot escape and which encompasses everything from the workings of the individual family to what love, justice and virtue look like through the lens of politics.

    Give a listen.

    Hope J. Leman is a grants researcher.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Oumar Ba, "States of Justice: The Politics of the International Criminal Court" (Cambridge UP, 2020) Aug 26, 2020
    Show notes

    States of Justice: The Politics of the International Criminal Court (Cambridge University Press, 2020) theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, the book contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states’ interests, and the global governance of atrocity crimes: first, the strategic use of self-referrals to the ICC; second, complementarity between the national and the international justice systems; third, the limits of state cooperation with international courts; and fourth, the use of international courts in domestic political conflicts.

    Oumar Ba is an assistant professor of political science at Morehouse College. The draft manuscript on which his book was based was the 2019 International Studies Association (ISA) Northeast Scholars’ Circle honoree. In 2020, Opinio Juris hosted a symposium on States of Justice, and Africa is a Country hosted a discussion on race and international relations with Oumar Ba and Samar al-Bulushi.

    Madina Thiam is a PhD candidate in history at UCLA.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Renisa Mawani, "Across Oceans of Law: The Komagata Maru and Jurisdiction in the Time of Empire" (Duke UP, 2018) Aug 24, 2020
    Show notes

    Renisa Mawani’s Across Oceans of Law: The Komagata Maru and Jurisdiction in the Time of Empire (Duke University Press), take us to 1914, when the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta.

    In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"—a mode of thinking and writing that repositions land and sea—Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds.

    Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.

    Renisa Mawani is currently Professor in the Department of Sociology at the University of British Columbia and recurring Chair of the Law and Society Program. Other affiliations at UBC include: Faculty Associate, Peter Wall Institute for Advanced Studies, the Institute for Race, Gender, Sexuality, and Social Justice, Green College, and the Science and Technology Studies Program. Mawani is the author of Colonial Proximities: Crossracial Encounters and Juridical Truths in British Columbia, 1871–1921.

    Ahmed Yaqoub AlMaazmi is a Ph.D. candidate at Princeton University. His research focuses on the intersection of law and the environment across the western Indian Ocean. He can be reached by email at almaazmi@princeton.edu or on Twitter @Ahmed_Yaqoub. Listeners’ feedback, questions, and book suggestions are most welcome.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Philip Thai, "China's War on Smuggling: Law, Illicit Markets, and State Power on the China Coast" (Columbia UP, 2018) Aug 24, 2020
    Show notes

    In this episode, Siobhan talks with Philip Thai about his book, China's War on Smuggling: Law, Illicit Markets, and State Power on the China Coast (Columbia University Press, 2018). Thai is Assistant Professor of History at Northeastern University. He is a historian of Modern China with research and teaching interests that include legal history, economic history, and diplomatic history.

    Smuggling along the Chinese coast has been a thorn in the side of many regimes. From opium and weapons concealed aboard foreign steamships in the Qing dynasty to nylon stockings and wristwatches trafficked in the People’s Republic, contests between state and smuggler have exerted a surprising but crucial influence on the political economy of modern China. Seeking to consolidate domestic authority and confront foreign challenges, states introduced tighter regulations, higher taxes, and harsher enforcement. These interventions sparked widespread defiance, triggering further coercive measures. Smuggling simultaneously threatened the state’s power while inviting repression that strengthened its authority.

    Philip Thai chronicles the vicissitudes of smuggling in modern China—its practice, suppression, and significance—to demonstrate the intimate link between illicit coastal trade and the amplification of state power. China’s War on Smuggling shows that the fight against smuggling was not a simple law enforcement problem but rather an impetus to centralize authority and expand economic controls. The smuggling epidemic gave Chinese states pretext to define legal and illegal behavior, and the resulting constraints on consumption and movement remade everyday life for individuals, merchants, and communities. Drawing from varied sources such as legal cases, customs records, and popular press reports and including diverse perspectives from political leaders, frontline enforcers, organized traffickers, and petty runners, Thai uncovers how different regimes policed maritime trade and the unintended consequences their campaigns unleashed. China’s War on Smuggling traces how defiance and repression redefined state power, offering new insights into modern Chinese social, legal, and economic history.

    Siobhan M. M. Barco, J.D. explores legal history at Princeton University

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