New Books in Law

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Isabelle Dussauge, Claes-Fredrik Helgesson, and Francis Lee, “Value Practices in the Life Sciences and Medicine” (Oxford UP, 2015) Sep 26, 2015

Show notes

Valuation is a central question in contemporary social science. Indeed the question of value has a range of academic projects associated with it, whether in terms of specific questions or in terms of emerging fora for academic publications. In Value Practices in the Life Sciences and Medicine (Oxford University Press, 2015), Isabelle Dussauge, Claes-Fredrik Helgesson, and Francis Lee bring together a range of authors to outline a new research programme. Alongside individual essays that range from the allocation of transplant organs, questions of plagiarism in science, the ownership of generically modified organisms though to desire and neuroscience, the book points to a new way to think through questions of valuation. As a result its importance moves beyond an STS audience to establish value practices as a vital framework for understanding contemporary life.

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Guy Burak, “The Second Formation of Islamic Law: The Hanafi School in the Early Modern Ottoman Empire” (Cambridge UP, 2015) Sep 23, 2015

Show notes

The Second Formation of Islamic Law: The Hanafi School in the Early Modern Ottoman Empire (Cambridge UP, 2015) is a new contribution to the study of Islam and more specifically to the history of Islamic Law and its development. Guy Burak, Middle Eastern and Islamic Studies librarian at New York University, explores the Ottomans’ adoption of one branch of the Hanafi legal tradition as the official school (madhhab) of the dynasty. The period of time in which this process occurred was during the 15th to 18th centuries, and Burak focuses on the lands of Greater Syria. What Burak seeks to illustrate is that through the adoption of an official school of law, the Ottoman hierarchy played a significant role in how the school of law was shaped. Examples Burak provides to demonstrate this phenomenon are the institutionalization of the position of mufti, the formalization of genealogical literature (tabaqat), and the canonization process of books essential to the school. In addition to examining the propagators of official Ottoman positions, Burak also examines how scholars not part of the Ottoman mainstream branch functioned and responded to these changes. Overall, this work represents and important contribution to the study of Islam, the history of Islamic Law, and Ottoman Studies.

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Natalia Molina, “How Race is Made in America: Immigration, Citizenship, and the Historical Power of Racial Scripts” (University of California Press, 2014) Sep 02, 2015

Show notes

“America is a nation of immigrants.” Either this common refrain, or its cousin the “melting pot” metaphor is repeated daily in conversations at various levels of U.S. society. Be it in the private or public realm, these notions promote a compelling image of national inclusivity that appears not to be limited to particular notions of race, religious affiliation, gender, or national origin. Indeed, generations of American writers–like J. Hector St. John Crevecoeur, Ralph Waldo Emerson, Israel Zangwill, Emma Lazarus, and Oscar Handlin–have embedded America’s immigrant past into the collective psyche of its people and the epic telling of its history. Yet, as scholars of U.S. immigration history have asserted over the past few decades, the “nation of immigrants” narrative is blinded by both its singular focus on trans-Atlantic European migration and the presumption of immigrant assimilation and incorporation to Anglo American institutions and cultural norms. In her fascinating new study How Race is Made in America: Immigration, Citizenship, and the Historical Power of Racial Scripts (University of California Press, 2014) Professor of History and Urban Studies at UC San Diego Natalia Molina advances the study of U.S. immigration history and race relations by connecting the themes of race and citizenship in the construction of American racial categories. Using archival records held by the Immigration and Naturalization Service (INS), the U.S. Congress, local governments, and immigrant rights groups, Dr. Molina examines the period of Mexican immigration to the U.S. from 1924-1965. Employing a relational lens to her study, Professor Molina advances the theory of racial scripts to describe how ideas about Mexicans and Mexican immigration have been fashioned out of preexisting racial projects that sought to exclude African Americans and Asian immigrants from acquiring the full benefits of American citizenship.

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Christine Desan, “Making Money: Coin, Currency, and the Coming of Capitalism” (Oxford UP, 2015) Aug 25, 2015

Show notes

Christine Desan, teaches about the international monetary system, the constitutional law of money, constitutional history, political economy, and legal theory at Harvard Law School. In this podcast we discuss her new book, Making Money: Coin, Currency, and the Coming of Capitalism (Oxford University Press, 2015).

Per the books jacket, “Money travels the modern world in disguise. It looks like a convention of human exchange – a commodity like gold or a medium like language. But its history reveals that money is a very different matter. It is an institution engineered by political communities to mark and mobilize resources. As societies change the way they create money, they change the market itself – along with the rules that structure it, the politics and ideas that shape it, and the benefits that flow from it. One particularly dramatic transformation in money’s design brought capitalism to England. For centuries, the English government monopolized money’s creation. The Crown sold people coin for a fee in exchange for silver and gold. “Commodity money” was a fragile and difficult medium; the first half of the book considers the kinds of exchange and credit it invited, as well as the politics it engendered. Capitalism arrived when the English reinvented money at the end of the 17th century. When it established the Bank of England, the government shared its monopoly over money creation for the first time with private investors, institutionalizing their self-interest as the pump that would produce the money supply. The second half of the book considers the monetary revolution that brought unprecedented possibilities and problems. The invention of circulating public debt, the breakdown of commodity money, the rise of commercial bank currency, and the coalescence of ideological commitments that came to be identified with the Gold Standard – all contributed to the abundant and unstable medium that is modern money. All flowed as well from a collision between the individual incentives and public claims at the heart of the system. The drama had constitutional dimension: money, as its history reveals, is a mode of governance in a material world. That character undermines claims in economics about money’s neutrality. The monetary design innovated in England would later spread, producing the global architecture of modern money.”

Some of the topics we cover are:

* How the work’s assertion that money is a mode of governance in a material world undermines claims in economics about money’s neutrality.

* The “free minting” system and why legal enforcement was essential to it.

* The radical redesign of money that began in the 17th century.

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Eva Hemmungs Wirten, “Making Marie Curie: Intellectual Property and Celebrity Culture in an Age of Information” (U of Chicago, 2015) Aug 01, 2015

Show notes

When we study the history of a famous scientific figure – especially one that has gone on to become a cultural icon – we are dealing not just with a person, but also with an identity or series of identities that have been constructed over time. Eva Hemmungs Wirten‘s new book looks carefully at the work that has gone into the making of Marie Curie (1867-1934) as an individual, a celebrity, an icon, and ultimately a brand. Three motifs that thread through the narrative of Making Marie Curie: Intellectual Property and Celebrity Culture in an Age of Information (University of Chicago Press, 2015), and they each form the basis for one of its chapters: the impact of intellectual property on science and research; the role of celebrity culture in shaping the image of the scientist; and the “question of how to organize scientific information as part of the modern infrastructure of knowledge.” It’s a compellingly argued book that’s also a pleasure to read.

For videos of two of the duels discussed in the book, check out the following links!:

https://www.youtube.com/watch?v=4QlUw1k0ItE

https://www.youtube.com/watch?v=rElNQuBvFeQ

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Barak Kushner, “Men to Devils, Devils to Men: Japanese War Crimes and Chinese Justice” (Harvard UP, 2015) Aug 01, 2015

Show notes

Barak Kushner‘s new book considers what happened in the wake of Japan’s surrender, looking closely at diplomatic and military efforts to bring “Japanese imperial behavior” to justice. Men to Devils, Devils to Men: Japanese War Crimes and Chinese Justice (Harvard University Press, 2015) focuses on the aftermath of the Japanese war crimes, asking a number of important questions: “How did the Chinese legally deal with Japanese war crimes?” and “What were the Japanese responses, and [how] did these processes shape early Cold War Sino-Japanese relations?” Two ways of reconsidering history shape the study. First, Kushner reframes Japan as a decolonizing empire, not just a defeated country. At the same time, he looks at the “shifting landscape of the concept of law in East Asia” and its impact on relations in the region during this period, especially in terms of international law and associated notions of accountability. These two broad historiographical re-orientations motivate an extraordinarily thoughtful and detailed treatment of the ways that conflict between the KMT and the CCP, and relations of both with other global powers, shaped the notion and history of war crimes trials. It’s a clearly written and compellingly argued account that’s also a pleasure to read!

To hear our conversation about Barak’s previous book Slurp!: A Social and Culinary History of Ramen – Japan’s Favorite Noodle Soup, see here.

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Laura F. Edwards, “A Legal History of the Civil War and Reconstruction: A Nation of Rights” (Cambridge UP, 2015) Jul 26, 2015

Show notes

In this podcast I talk with Laura F. Edwards, Peabody Family Professor of History at Duke University about her book, A Legal History of the Civil War and Reconstruction: A Nation of Rights (Cambridge University Press 2015).

Per the book’s introduction, “[a]lthough hundreds of thousands of people died fighting in the Civil War, perhaps the war’s biggest casualty was the nation’s legal order. A Legal History of the Civil War and Reconstruction explores the implications of this major change by bringing legal history into dialogue with the scholarship of other historical fields. Federal policy on slavery and race, particularly the three Reconstruction Amendments, are the best-known legal innovations of the era. Change, however, permeated all levels of the legal system, altering American’s relationship to the law and allowing them to move popular conceptions of justice into the ambit of government policy. The results linked Americans to the nation through individual rights, which were extended to more people and, as a result of new claims, were reimagined to cover a wider array of issues. But rights had limits in what they could accomplish, particularly when it came to the collective goals that so many ordinary Americans advocated. Ultimately, Laura F. Edwards argues, this new nation of rights offered up promises that would prove difficult to sustain.”

Some of the topics we cover are:

–The way, in the lead up to the Civil War, all arguments came back to the Constitution.

–How wartime policies in both the Confederacy and the states that remained in the Union fundamentally remade the –legal authority of the nation.

–Why the Confederacy’s legal order was at odds with its stated governing principles.

–Popular conceptions of Reconstruction-era legal change.

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David George Surdham, “The Big Leagues Go to Washington: Congress and Sports Antitrust, 1951-1989” (U of Illinois Press, 2015) Jul 24, 2015

Show notes

David George Surdham is the author of The Big Leagues Go to Washington: Congress and Sports Antitrust, 1951-1989 (University of Illinois Press, 2015). Surdham is Associate Professor of Economics at Northern Iowa University.

Just back from the Major League Baseball All-Star break, Surdham has written a book for sports lovers. Why do major league sports receive such preferential treatment from Congress? And what does this have to do with labor and economic development policy? Surdham examines Congressional hearings held over decades to figure out how Washington’s role in professional sports has changed over since the 1950s.

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Winnifred F. Sullivan, “A Ministry of Presence: Chaplaincy, Spiritual Care and the Law” (University of Chicago Press, 2014) Jul 12, 2015

Show notes

As patterns of religiosity have changed in the United States, chaplains have come to occupy an increasingly important place in the nation’s public institutions, especially its prisons, hospitals and military. In her newest book, A Ministry of Presence: Chaplaincy, Spiritual Care and the Law (University of Chicago Press, 2014), Winnifred F. Sullivan offers a comprehensive study of contemporary chaplaincy, paying particular attention to how it sits at the intersection of law, government regulation, and spiritual care. She shows how much this ubiquitous but often invisible institution can tell us about religion in the US today, and moreover the role that law plays in structuring American ideas about, and experience of, religion.

Winnifred F. Sullivan is Professor and Chair of the Department of Religious Studies, and Affiliate Professor in the Maurer School of Law at Indiana University Bloomington.

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Claire Virginia Eby, “Until Choice Do Us Part: Marriage Reform in the Progressive Era” (U of Chicago Press, 2014) Jun 23, 2015

Show notes

Clare Virginia Eby is a professor of English at the University of Connecticut. In Until Choice Do Us Part: Marriage Reform in the Progressive Era (University of Chicago Press, 2014), Eby examines the origins of how we think of marriage through the theoretical and experimental reform of the institution in...

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