New Books in Law

Latest Episodes:

Bharat Malkani, "Slavery and the Death Penalty: A Study in Abolition" (Routledge, 2018) Jun 03, 2020

Show notes

What is the connection between the movement for death penalty abolition and the anti-slavery movement? In Slavery and the Death Penalty: A Study in Abolition (Routledge, 2018), Bharat Malkani, Senior Lecturer in Law at Cardiff University, explores this question. Beginning with an acknowledgment that the death penalty in the United States of America has long been shaped by the country’s history of slavery and racial violence, Malkani considers the relationships between the two abolitionist movements. He explains how historical and conceptual links between slavery and capital punishment have both helped and hindered efforts to end capital punishment. Using the history of slavery and abolition, Malkani argues that anti-death penalty efforts should be premised on the ideologies of the radical slavery abolitionists, offering lessons for how death penalty abolitionism should proceed in future.

Antonia Layard is a professor in Law at the University of Bristol Law School

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Brian Greene, "Until the End of Time: Mind, Matter, and Our Search for Meaning in an Evolving Universe" (Random House, 2020) Jun 02, 2020

Show notes

Brian Greene is a Professor of Mathematics and Physics at Columbia University in the City of New York, where he is the Director of the Institute for Strings, Cosmology, and Astroparticle Physics, and co-founder and chair of the World Science Festival. He is well known for his TV mini-series about string theory and the nature of reality, including the Elegant Universe, which tied in with his best-selling 2000 book of the same name. In this episode, we talk about his latest popular book Until the End of Time: Mind, Matter, and Our Search for Meaning in an Evolving Universe (Random House, 2020)

Until the End of Time gives the reader a theory of everything, both in the sense of a “state of the academic union”, covering cosmology and evolution, consciousness and computation, and art and religion, and in the sense of showing us a way to apprehend the often existentially challenging subject matter. Greene uses evocative autobiographical vignettes in the book to personalize his famously lucid and accessible explanations, and we discuss these episodes further in the interview. Greene also reiterates his arguments for embedding a form of spiritual reverie within the multiple naturalistic descriptions of reality that different areas of human knowledge have so far produced.

John Weston is a University Teacher of English in the Language Centre at Aalto University, Finland. His research focuses on academic communication. He can be reached at john.weston@aalto.fi and @johnwphd.

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Ilya Somin, "Free to Move: Foot Voting, Migration, and Political Freedom" (Oxford UP, 2020) Jun 01, 2020

Show notes

When we think of democracy, we typically think of voting; and when we think of voting, we ordinarily have elections and campaigns in minds. In this intuitive sense, voting is a matter of casting a ballot. After Election Day, votes are counted, and, typically, the majority rules. But things really aren’t so simple. For one thing, citizens bring differing levels of information and ignorance into the voting booth. What’s more, famous mathematical analyses cast doubt on the very idea of a majority will. Given this, what are we to make of democracy?

In Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, 2020), Ilya Somin defends the idea that foot voting is an essential element of political freedom and democratic governance. Foot voting is the capacity of individuals to move to the jurisdiction or nation whose government most suits their preferences, or to select their favoured providers of various services.

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Carl Suddler, "Presumed Criminal: Black Youth and the Justice System in Postwar New York" (NYU Press, 2019) May 28, 2020

Show notes

A stark disparity exists between black and white youth experiences in the justice system today. Black youths are perceived to be older and less innocent than their white peers. When it comes to incarceration, race trumps class, and even as black youths articulate their own experiences with carceral authorities, many Americans remain surprised by the inequalities they continue to endure. In Presumed Criminal: Black Youth and the Justice System in Postwar New York (NYU Press, 2019), Carl Suddler brings to light a much longer history of the policies and strategies that tethered the lives of black youths to the justice system indefinitely.

The criminalization of black youth is inseparable from its racialized origins. In the mid-twentieth century, the United States justice system began to focus on punishment, rather than rehabilitation. By the time the federal government began to address the issue of juvenile delinquency, the juvenile justice system shifted its priorities from saving delinquent youth to purely controlling crime, and black teens bore the brunt of the transition.

In New York City, increased state surveillance of predominantly black communities compounded arrest rates during the post–World War II period, providing justification for tough-on-crime policies. Questionable police practices, like stop-and-frisk, combined with media sensationalism, cemented the belief that black youth were the primary cause for concern. Even before the War on Crime, the stakes were clear: race would continue to be the crucial determinant in American notions of crime and delinquency, and black youths condemned with a stigma of criminality would continue to confront the overwhelming power of the state.

Adam McNeil is a PhD Student in History at Rutgers University-New Brunswick.

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Jane Gordon, "Statelessness and Contemporary Enslavement" (Routledge, 2019) May 28, 2020

Show notes

Statelessness and Contemporary Enslavement (Routledge, 2020) bridges current policy debates around citizenship, states, and nations, and theoretical analysis of issues of belonging, consent, and freedom. Jane A. Gordon, Director of Graduate Studies and Associate Professor of Political Science at the University of Connecticut, weaves together the complexities of statelessness, emphasizing that those who are often stateless are so within the nation in which they live, and contemporary enslavement, which is often connected to and the result of labor exploitation and neoliberal economic shifts. These two frameworks of vulnerability are also woven together through changes in western approaches to political and economic policies, the results of which have led to more pronounced precarity and inequality. Gordon’s analysis digs into the concept of exclusion, and through this lens, she is able to consider these parallel but distinct positions in which individuals find themselves. For the stateless, the issue is often that a nation has changed or shifted policies that then create stateless individuals of those who had been citizens.

Refugees and immigrants are also part of this analysis, but Gordon highlights the particular difficulty of those who experience a change in their status within their home country, thus leaving them stateless and vulnerable to exploitation. Contemporary enslavement, which follows and mirrors the global political economy, is coupled with statelessness in Gordon’s analysis because these same forces that create statelessness also provide opportunities to exploit equally vulnerable individuals, often entrapping and enslaving them for their labor. Statelessness and Contemporary Enslavement explores the intersectionality of those most often found to be enslaved or stateless: women, and racial and ethnic minorities. This book helps to guide the reader through political theory and political economy to understand the current situations and to unpack the policy changes—both public and private—in the global north and west that gave rise to these conditions. The analysis of both statelessness and enslavement compels us to consider the concept of consent—a fraught idea which is itself controversial in so many contemporary conversations—which should be the foundation of our thinking of constructive alternatives, especially institutions of political belonging.

Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015).

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Mary Fraser, "Policing the Home Front, 1914-1918: The Control of the British Population at War" (Routledge, 2018) May 26, 2020

Show notes

When Britain went to war in 1914, policemen throughout Great Britain found themselves called upon to perform an ever-increasing range of new tasks that reflected the expanded power of the British state in wartime. In Policing the Home Front, 1914-1918: The Control of the British Population at War (Routledge, 2018), Mary Fraser details the challenges these officers faced and how they worked to carry out their increased responsibilities in straitened circumstances. As Fraser notes, the war imposed new burdens upon the police from the start, as many men quit their posts in order to enlist in the armed forces. To compensate for their absence, auxiliaries were enlisted and women found themselves employed in policing for the first time. These officers were needed as the police were expected to perform a number of new duties, from the administration of wartime separation allowances to dealing with the expanded problems of prostitution, alcohol regulation and youth crime, many of which reflected an expectation by the government that the police could fill much of the void created by the absence of so many men who were serving at the front.

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Adrienne Harris and Plinio Montagna, "Psychoanalysis, Law, and Society" (Routledge, 2019) May 26, 2020

Show notes

The areas of the Law and psychoanalysis overlap in interesting and compelling fashion in the new book, Psychoanalysis, Law, and Society (Routledge, 2019) edited by Adrienne Harris and Plinio Montagna. The book is far reaching and covers where the law and psychoanalysis intersect in diverse areas such as family dynamics, feminism, philosophy and the environment. The authors included here are international experts with experience with the law and the consulting room. In this interview I was able to speak with several of them, Harris, Montagna, Laura Orsi and Elizabeth Allured, and we engaged in a lively discussion that also addresses the current Covid-19 crisis.

This is a relevant book that will help therapists to incorporate legal ideas and philosophy into their everyday clinical practice.

You can reach Christopher Bandini at @cebandini.

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Adam M. Sowards, "An Open Pit Visible from the Moon" (U Oklahoma Press, 2020) May 21, 2020

Show notes

Adam M. Sowards is professor of history at the University of Idaho and a leading environmental historian. His new book, An Open Pit Visible from the Moon: The Wilderness Act and the Fight to Protect Miners Ridge and the Public Interest (University of Oklahoma Press, 2020), builds on his recent biography of Supreme Court Justice William O. Douglas to describe what happened when a major copper corporation set out its plans to establish a massive mine in Washington state. With the Wilderness Act (1964) unable to protect this area of outstanding beauty, conservationists set out to apply moral rather than legal strategies of resistance. This excellent new book shows how ordinary citizens banded together to achieve what the law could not – and how market forces ultimately worked to save Miners Ridge.

Crawford Gribben is a professor of history at Queen’s University Belfast. His research interests focus on the history of puritanism and evangelicalism, and he is the author most recently of John Owen and English Puritanism (Oxford University Press, 2016).

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Yaacov Yadgar, "Israel’s Jewish Identity Crisis: State and Politics in the Middle East" (Cambridge UP, 2020) May 21, 2020

Show notes

Yaacov Yadgar discusses his new book,Israel’s Jewish Identity Crisis: State and Politics in the Middle East (Cambridge University Press, 2020) with Peter Bergamin. An important and topical contribution to the field of Middle East studies, this innovative, provocative, and timely study tackles head-on the main assumptions of the foundation of Israel as a Jewish state. Theoretically sophisticated and empirically rich, Yaacov Yadgar provides a novel analysis of the interplay between Israeli nationalism and Jewish tradition, arriving at a fresh understanding of the Israeli-Palestinian conflict through its focus on internal questions about Israeli identity. By critiquing and transcending the current discourse on religion and politics in Israel, this study brings to an international audience debates within Israel that have been previously inaccessible to non-Hebrew speaking academics. Featuring discussions on Israeli jurisprudence, nation-state law, and rabbinic courts, Israel's Jewish Identity Crisis will have far-reaching implications, not only within the state of Israel but on politics, society and culture beyond its borders.

Yaacov Yadgar is the Stanley Lewis Professor of Israel Studies at the University of Oxford. He has written extensively on matters of Jewish identity, nationalism, secularism, modernity and tradition in Israel. He is the author of Sovereign Jews: Israel, Zionism, and Judaism (2017).

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Toshihiro Higuchi, "Political Fallout: Nuclear Weapons Testing and the Making of a Global Environmental Crisis" (Stanford UP, 2020) May 20, 2020

Show notes

In Political Fallout: Nuclear Weapons Testing and the Making of a Global Environmental Crisis (Stanford University Press, 2020), Toshihiro Higuchi presents a history of the 1963 Partial Test Ban Treaty, by which the then-nuclear powers, US, USSR, and UK, agreed to cease, among other things, the atmospheric testing of nuclear weapons, largely moving such tests underground (the Chinese and French continued atmospheric tests in subsequent decades). Higuchi examines the development of knowledge about nuclear fallout, the dissemination and often suppression (mostly by governments of the nuclear powers) of that knowledge during the eighteen years book-ended by the 1945 Trinity Test and the signing of the 1963 Treaty. Political Fallout also considers the legacy of the Partial Test Ban Treaty, which reduced fallout but was followed by an accelerated arms race and buildup of nuclear arsenals.

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