New Books in Law

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Leslie M. Harris, "Slavery and the University: Histories and Legacies" (U Georgia Press, 2019) Apr 28, 2020

Show notes

Slavery and the University: Histories and Legacies (University of Georgia Press, 2019), edited by Leslie M. Harris, James T. Campbell, and Alfred L. Brophy, is the first edited collection of scholarly essays devoted solely to the histories and legacies of this subject on North American campuses and in their Atlantic contexts. Gathering together contributions from scholars, activists, and administrators, the volume combines two broad bodies of work: (1) historically based interdisciplinary research on the presence of slavery at higher education institutions in terms of the development of proslavery and antislavery thought and the use of slave labor; and (2) analysis on the ways in which the legacies of slavery in institutions of higher education continued in the post–Civil War era to the present day.

The collection features broadly themed essays on issues of religion, economy, and the regional slave trade of the Caribbean. It also includes case studies of slavery’s influence on specific institutions, such as Princeton University, Harvard University, Oberlin College, Emory University, and the University of Alabama. Though the roots of Slavery and the University stem from a 2011 conference at Emory University, the collection extends outward to incorporate recent findings. As such, it offers a roadmap to one of the most exciting developments in the field of U.S. slavery studies and to ways of thinking about racial diversity in the history and current practices of higher education.

Today I spoke with Leslie Harris about the book. Dr. Harris is a professor of history at Northwestern University. She is the coeditor, with Ira Berlin, of Slavery in New York and the coeditor, with Daina Ramey Berry, of Slavery and Freedom in Savannah (Georgia).

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

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Great Books: Melissa Schwartzberg on Rousseau's "The Social Contract" Apr 28, 2020

Show notes

"Man is born free, and everywhere he is in chains." The opening sentence of 18th century philosopher Jean-Jacques Roussau's The Social Contract poses a central question for all of us. Why do we live under conditions of inequality, violence, dependency and general unhappiness (just look on twitter!) if society is made by us and for us? Why does it seem that modern human beings are not liberated but in fact subjugate themselves voluntarily to a system that robs them off their freedom? Rousseau's thought has informed much of modern political theory and philosophy and inspired people everywhere to think about the balance between individual liberty and collective existence. In order to understand better the lasting influence of Rousseau and his current significance, I spoke with Melissa Schwartzberg, who is Silver Professor of Politics at New York University and a specialist in political theory. Melissa's research is in the historical origins and normative logic of democratic institutions. This means she examines the principles underlying democracies and also the way democratic practices, from constitutions to elections, work out today. Professor Schwartzberg is the author of several books: Counting the Many: The Origins and Limits of Supermajority Rule, and Democracy and Change (Cambridge University Press, 2013).

Uli Baer is a professor at New York University. He is also the host of the excellent podcast "Think About It"

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Abraham Newman and Henry Farrell, "Of Privacy and Power: The Transatlantic Struggle over Freedom and Security" (Princeton UP, 2019) Apr 27, 2020

Show notes

We live in an interconnected world. People, goods, and services leap across borders like never before. Terrorist organizations, like al-Qaida, and digital platforms, like Facebook, have gone global. But, if problems straddle different national jurisdictions, how do regulation and enforcement even happen?

Of Privacy and Power: The Transatlantic Struggle over Freedom and Security (Princeton University Press, 2019) is a timely and wise analysis of globalization and how it has fundamentally transformed governance. Digging into transatlantic relations, Abraham Newman and Henry Farrell show how American and European businesses, activists and policymakers have fought over and decided security and data policy. The book is also a call to action for their fellow IR scholars to study, what Newman and Farrell call, “the international politics of information.” Given the significance of data politics and misinformation campaigns to our present moment, I hope they listen.

Dexter Fergie is a PhD student of US and global history at Northwestern University. He is currently researching the 20th century geopolitical history of information and communications networks. He can be reached by email at dexter.fergie@u.northwestern.edu or on Twitter @DexterFergie.

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Magda Teter, "Blood Libel: On the Trail of an Antisemitic Myth" (Harvard UP, 2020) Apr 23, 2020

Show notes

The myth of Jews killing Christian children emerged in 1144 CE, with the death of a boy named William in Norwich, England. Over the course of several centuries, this myth gained traction and became firmly rooted throughout medieval and early modern Europe. In Blood Libel: On the Trail of an Antisemitic Myth (Harvard University Press, 2020), Magda Teter traces the history of this myth and analyzes how accusations of ritual murder have followed Jews from the 12th century to the contemporary period.

Magda Teter is Professor of History and Shvidler Chair in Judaic Studies at Fordham University.

Lindsey Jackson is a PhD student at Concordia University in Montreal, Canada.

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David Kettler and Thomas Wheatland, "Learning From Franz L. Neumann" (Anthem Press, 2019) Apr 22, 2020

Show notes

Franz Neumann was a member of a generation that saw the end of the Kaiserreich and the beginnings of a democratic republic carried by the labor movement. In Neumann's case, this involved a practical and professional commitment, first, to the trade union movement and, second, to the Social Democratic Party that gave it political articulation. For Neumann, to be a labor lawyer in the sense developed by his mentor, Hugo Sinzheimer, was to engage in a project to displace the law of property as the basic frame of human relations. The defeat of Weimar and the years of exile called many things into question for Neumann, but not the conjunction between a practical democratic project to establish social rights and an effort to find a rational strategy to explain the failures, and to orient a new course of conduct.

David Kettler and Thomas Wheatland's new book Learning from Franz L. Neumann (Anthem Press, 2019) pays special attention to Neumann's efforts to break down the conventional divide between political theory and the empirical discipline of political science. Neumann was a remarkably effective teacher in the last years of his life, but he was also a gifted learner, whose negotiations with a series of forceful thinkers enabled him to work toward a promising intellectual strategy in political thinking.

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

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Pauline Shanks Kaurin, "On Obedience: Contrasting Philosophies for the Military, Citizenry, and Community" (Naval Institute Press, 2020) Apr 22, 2020

Show notes

Obedience is integral to the military, to society, and to communities. To bring individuals together to work cohesively and successfully towards a common goal, be it seizing an objective on the battlefield, creating an enduring political or social project, or simply running a local soup kitchen, obedience must be present. But how many of us, whether soldiers or civilians, ever stop to consider just what obedience is? Is obedience a core military virtue? Is it a core civilian virtue, and if so why? Why should soldiers or citizens be obedient? When should they be disobedient? And how might or should conflicting or overlapping obediences influence the conduct of modern American citizen-soldiers?

These questions are the driving force behind Pauline Shanks Kaurin's nuanced, insightful meditation on the nature of obedience, On Obedience: Contrasting Philosophies for the Military, Citizenry, and Community(Naval Institute Press, 2020). Dr. Kaurin convincingly argues that our current understanding of obedience is incomplete. While legal and pragmatic definitions abound, few have substantively addressed obedience's moral dimensions. Kaurin offers a welcome corrective to this oversight, forcefully advocating for the cultivation of "critical obedience" in the military, in civil society, and in our communities. An important wok in the field of military ethics, On Obedience provides a robust framework for thinking not only about our future as soldiers and citizens, but about how obedience, as a social and cultural factor, shaped our shared political and military past.

Pauline Shanks Kaurin holds a PhD in Philosophy from Temple University, with a specialization in military ethics, just war theory, and applied ethics. Currently, she is a Professor of Professional Military Ethics at the US Naval War College.

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Nicola Lacey, "In Search of Criminal Responsibility: Ideas, Interests, and Institutions" (Oxford UP, 2016) Apr 20, 2020

Show notes

In her latest book, In Search of Criminal Responsibility: Ideas, Interests, and Institutions (Oxford University Press, 2016), Nicola Lacey brings together philosophical, historical and socio-legal methods to give an account of the ever changing notion of responsibility in criminal law. She distinguishes between ideas of responsibility, which she argues are founded in notions of character, psychological capacity, the causation of harmful outcomes and the presentation of risk. The book draws links between these ideas of responsibility; of the institutions that produce them, and the interests that have shaped both doctrines and institutions.

In her analysis of responsibility over time, Nicola demonstrates the functions that criminal law and punishment have been required to perform at different periods in history. Criminal law has moved from notions of character and outcome responsibility in the eighteenth century, through a period dominated by capacity responsibility, which has become established as central in criminal law. More recently, character responsibility is remerging, in combination with a new discourse that is founded in risk.

In this discussion, as in her book, Nicola Lacey builds on her previous analysis in Women, Crime and Character (2008) and traces how the criminal law and the notion of responsibility has been gendered throughout history. Responsibility is contextualized in its role as to how it provides legitimation of state power, and also in its role for coordination of social behavior. Responsibility, and the criminal law more broadly, is historically, socially and politically contextualized in terms of practices of criminalization and the social functions that law plays.

Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality and criminal law. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong protests.

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Maddalena Marinari, "Unwanted: Italian and Jewish Mobilization against Restrictive Immigration Laws, 1882–1965" (UNC Press, 2020) Apr 14, 2020

Show notes

In the late nineteenth century, Italians and Eastern European Jews joined millions of migrants around the globe who left their countries to take advantage of the demand for unskilled labor in rapidly industrializing nations, including the United States. Many Americans of northern and western European ancestry regarded these newcomers as biologically and culturally inferior--unassimilable--and by 1924, the United States had instituted national origins quotas to curtail immigration from southern and eastern Europe.

In her new book Unwanted: Italian and Jewish Mobilization against Restrictive Immigration Laws, 1882–1965 (UNC Press, 2020), Maddalena Marinari examines how, from 1882 to 1965, Italian and Jewish reformers profoundly influenced the country’s immigration policy as they mobilized against the immigration laws that marked them as undesirable.

Strategic alliances among restrictionist legislators in Congress, a climate of anti-immigrant hysteria, and a fickle executive branch often left these immigrants with few options except to negotiate and accept political compromises. As they tested the limits of citizenship and citizen activism, however, the actors at the heart of Marinari’s story shaped the terms of debate around immigration in the United States in ways we still reckon with today.

This episode is part of a series featuring legal history works from UNC Press. Support for the production of this series was provided by the Versatile Humanists at Duke program.

Maddalena Marinari is Assistant Professor in History; Gender, Women and Sexuality Studies; and Peace Studies at Gustavus Adolphus College. She has published extensively on immigration restriction and immigrant mobilization.

Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University.

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K. Aronoff, et al., "A Planet to Win: Why We Need a Green New Deal" (Verso, 2019) Apr 14, 2020

Show notes

In early 2019, freshman representative Alexandria Ocasio Cortez and Senator Ed Markey proposed a bold new piece of legislation, now very well known as the Green New Deal. Intended as a means of combating climate change, it stunned a number of people due to its enormous ambition, including massive overhauls of our energy systems, as well as providing housing and healthcare for everyone. Naturally a piece of legislation this large raised a number of questions, which is what my guests today are here to discuss. I recently had the pleasure of talking with Kate Aronoff, Alyssa Battistoni, Daniel Aldana Cohen and Thea Riofrancos, the authors of A Planet to Win: Why We Need a Green New Deal (Verso, 2019). The book is short and accessible, written for everyone interested in understanding this vital piece of legislation, so if you are like me and you don’t understand the fine details of climate economics, you can still pick this up and gain a sense of what is to be done. The book also features a short forward by Naomi Klein, who has been tracking the relationship between economic and climate politics for some time.

Kate Aronoff (@KateAronoff) is a fellow at the Type Media Center and a Contributing Writer at the Intercept. She is the co-editor of We Own the Future and author of The New Denialism. Her writing has appeared in the Guardian, Rolling Stone, Harper’s, In These Times, and Dissent

Alyssa Battistoni (@alybatt) is a postdoctoral fellow at Harvard University and an editor at Jacobin. Her writing has appeared the Guardian, n+1, The Nation, Jacobin, In These Times, Dissent, and the Chronicle of Higher Education.

Daniel Aldana Cohen (@aldatweets) is an assistant professor of sociolgy at the University of Pennsylvania, where he directs the Socio-Spatial Climate Collaborative. His writing has appeared in the Guardian, Nature, The Nation, Jacobin, Public Books, Dissent, and NACLA.

Thea Riofrancos (@triofrancos) is an assistant professor of political science at Providence College, and is the author of Resource Radicals. Her writing has appeared in the Guardian, n+1, Jacobin, the Los Angeles Review of Books, Dissent, and In These Times. She serves on the steering committee of DSA’s Ecosocialist Working Group.

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Cassia Roth, "A Miscarriage of Justice: Women’s Reproductive Lives and the Law in Early Twentieth-Century Brazil" (Stanford UP, 2020) Apr 10, 2020

Show notes

Cassia Roth's new book A Miscarriage of Justice: Women’s Reproductive Lives and the Law in Early Twentieth-Century Brazil(Stanford University Press, 2020) examines women's reproductive health in relation to legal and medical policy in Rio de Janeiro, Brazil. After the abolition of slavery in 1888 and the onset of republicanism in 1889, women's reproductive capabilities―their ability to conceive and raise future citizens and laborers―became critical to the expansion of the new Brazilian state. Analyzing court cases, law, medical writings, and health data, Cassia Roth argues that the state's approach to women's health in the early twentieth century focused on criminalizing fertility control without improving services or outcomes for women. Ultimately, the increasingly interventionist state fostered a culture of condemnation around poor women's reproduction that extended beyond elite discourses into the popular imagination.

By tracing how legal thought and medical knowledge became cemented into law and clinical practice, how obstetricians, public health officials, and legal practitioners approached fertility control, and how women experienced and negotiated their reproductive lives, A Miscarriage of Justice provides a new way of interpreting the intertwined histories of gender, race, reproduction, and the state―and shows how these questions continue to reverberate in debates over reproductive rights and women's health in Brazil today.

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