New Books in Law

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The History of Temp Work Jan 24, 2023

Show notes

Historian Louis Hyman, professor and director of the Institute of Workplace Studies at Cornell University’s School of Industrial and Labor Relations, talks about his book, Temp: How American Work, American Business, and American Dream Became Temporary, with Peoples & Things host Lee Vinsel. In this conversation, Hyman and Vinsel chat about how most mid-20th century secure jobs were possessed by white men, how temporary work began to rise after World War Two, and how all this led to the gig-based world we inhabit.

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James Morton, "Byzantine Religious Law in Medieval Italy" (Oxford UP, 2021) Jan 22, 2023

Show notes

Southern Italy was conquered by the Norman Hauteville dynasty in the late eleventh century after over five hundred years of continuous Byzantine rule. At a stroke, the region's Greek Christian inhabitants were cut off from their Orthodox compatriots in Byzantium and became subject to the spiritual and legal jurisdiction of the Roman Catholic popes. Nonetheless, they continued to follow the religious laws of the Byzantine church; out of thirty-six surviving manuscripts of Byzantine canon law produced between the tenth and fourteenth centuries, the majority date to the centuries after the Norman conquest.

James Morton's Byzantine Religious Law in Medieval Italy (Oxford UP, 2021) is a historical study of these manuscripts, exploring how and why the Greek Christians of medieval southern Italy persisted in using them so long after the end of Byzantine rule. The first part of the book provides an overview of the source material and the history of Italo-Greek Christianity. The second part examines the development of Italo-Greek canon law manuscripts from the last century of Byzantine rule to the late twelfth century, arguing that the Normans' opposition to papal authority created a laissez faire atmosphere in which Greek Christians could continue to follow Byzantine religious law unchallenged. Finally, the third part analyses the papacy's successful efforts to assert its jurisdiction over southern Italy in the later Middle Ages. While this brought about the end of Byzantine canon law as an effective legal system in the region, the Italo-Greeks still drew on their legal heritage to explain and justify their distinctive religious rites to their Latin neighbors.

Diki Sherpa is a PhD candidate at the Chinese university of Hong Kong, Hong Kong.

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Wolfgang P. Müller, "Marriage Litigation in the Western Church, 1215-1517" (Cambridge UP, 2021) Jan 21, 2023

Show notes

Wolfgang Muller, Marriage Litigation in the Western Church, 1215- 1517 (Cambridge University Press, 2021). From the establishment of a coherent doctrine on sacramental marriage to the eve of the Reformation, late medieval church courts were used for marriage cases in a variety of ways. Ranging widely across Western Europe, including the Upper and Lower Rhine regions, England, Italy, Catalonia, and Castile, this study explores the stark discrepancies in practice between the North of Europe and the South. Wolfgang P. Müller draws attention to the existence of public penitential proceedings in the North and their absence in the South, and explains the difference in demand, as well as highlighting variations in how individuals obtained written documentation of their marital status. Integrating legal and theological perspectives on marriage with late medieval social history, Müller addresses critical questions around the relationship between the church and medieval marriage, and what this reveals about both institutions.

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

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Adam Lajeunesse, "Lock, Stock, and Icebergs: A History of Canada's Arctic Maritime Sovereignty" (UBC Press, 2016) Jan 21, 2023

Show notes

In April 1988, after years of failed negotiations over the status of the Northwest Passage, Brian Mulroney gave Ronald Reagan a globe, pointed to the Arctic, and said "Ron that's ours. We own it lock, stock, and icebergs." A simple statement, it summed up Ottawa's official policy: Canada owns the icy waters that wind their way through the Arctic Archipelago. Behind the scenes, however, successive governments have spent over a century trying to figure out how to enforce this claim and on which legal basis to assert Canadian sovereignty over Arctic waters.

In Lock, Stock, and Icebergs: A History of Canada's Arctic Maritime Sovereignty(UBC Press, 2016), Adam Lajeunesse, a Professor of Public Policy and Fellow of the Brian Mulroney Institute of Government at St. Francis Xavier University, guides readers through the evolution of Canada's Arctic sovereignty, showing how the Northwest Passage and the surrounding waters became Canadian. Listen to this engaging podcast to understand what inspired Lajeunesse to write the book, what are the main points of his argument, and how its insights are still relevant today.

Lavinia Stan is a professor of political science at St. Francis Xavier University in Canada.

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Viola Franziska Müller, "Escape to the City: Fugitive Slaves in the Antebellum Urban South" (UNC Press, 2022) Jan 20, 2023

Show notes

In Escape to the City: Fugitive Slaves in the Antebellum Urban South (UNC Press, 2022), Viola Franziska Müller examines runaways who camouflaged themselves among the free Black populations in Baltimore, Charleston, New Orleans, and Richmond. In the urban South, they found shelter, work, and other survival networks that enabled them to live in slaveholding territory, shielded and supported by their host communities in an act of collective resistance to slavery. While all fugitives risked their lives to escape slavery, those who fled to southern cities were perhaps the most vulnerable of all. Not dissimilar to modern-day refugees and illegal migrants, runaway slaves that sought refuge in the urban South were antebellum America's undocumented people, forging lives free from bondage but without the legal status of freedpeople. Spanning from the 1810s to the start of the Civil War, Müller reveals how urbanization, work opportunities, and the interconnectedness of free and enslaved Black people in each city determined how successfully runaways could remain invisible to authorities.

Katrina Anderson is a doctoral candidate at the University of Delaware.

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Patrick Bixby, "License to Travel: A Cultural History of the Passport" (U California Press, 2022) Jan 19, 2023

Show notes

This surprising global history of an indispensable document reveals how the passport has shaped art, thought, and human experience while helping to define the modern world.

In License to Travel: A Cultural History of the Passport(U California Press, 2022), Patrick Bixby takes the reader on a captivating journey from pharaonic Egypt and Han-dynasty China to the passport controls and crowded refugee camps of today. Along the way, you will:

Peruse the passports of artists and intellectuals, writers and musicians, ancient messengers and modern migrants.
See how these seemingly humble documents implicate us in larger narratives about identity, mobility, citizenship, and state authority.
Encounter intimate stories of vulnerability and desire along with vivid examples drawn from world cinema, literature, art, philosophy, and politics.
Witness the authority that travel documents exercise over our movements and our emotions as we circulate around the globe.

With unexpected discoveries at every turn, License to Travel exposes the passport as both an instrument of personal freedom and a tool of government surveillance powerful enough to define our very humanity.

Marci Mazzarotto is an Assistant Professor and Program Coordinator of Digital Communication at Georgian Court University in New Jersey. Her research interests center on the interdisciplinary intersection of academic theory and artistic practice with a focus on mass media, popular culture and avant-garde art.

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Emily A. Owens, "Consent in the Presence of Force: Sexual Violence and Black Women's Survival in Antebellum New Orleans" (UNC Press, 2023) Jan 19, 2023

Show notes

In histories of enslavement and in Black women's history, coercion looms large in any discussion of sex and sexuality. At a time when sexual violence against Black women was virtually unregulated—even normalized—a vast economy developed specifically to sell the sexual labor of Black women. In Consent in the Presence of Force: Sexual Violence and Black Women's Survival in Antebellum New Orleans (UNC Press, 2023), Emily A. Owens wrestles with the question of why white men paid notoriously high prices to gain sexual access to the bodies of enslaved women to whom they already had legal and social access.

Owens centers the survival strategies and intellectual labor of Black women enslaved in New Orleans to unravel the culture of violence they endured, in which slaveholders obscured "the presence of force" with arrangements that included gifts and money. Owens's storytelling highlights that the classic formulation of rape law that requires "the presence of force" and "the absence of consent" to denote a crime was in fact a key legal fixture that packaged predation as pleasure and produced, rather than prevented, violence against Black women. Owens dramatically reorients our understanding of enslaved women's lives as well as of the nature of violence in the entire venture of racial slavery in the U.S. South. Unsettling the idea that consent is necessarily incompatible with structural and interpersonal violence, this history shows that when sex is understood as a transaction, women are imagined as responsible for their own violation.

Katrina Anderson is a doctoral candidate at the University of Delaware.

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Robert Ovetz, "We the Elites: Why the US Constitution Serves the Few" (Pluto Press, 2022) Jan 18, 2023

Show notes

We have been ruled long enough. It is time to govern ourselves. If we are to get past the Constitution and all systems based on constitutions, we need to move past the nation state as the means by which we are governed from above.

– Robert Ovetz, We the Elites (2022, p. 167)

Written by 55 of the richest white men of early America, and signed by only 39 of them, the constitution is the sacred text of American nationalism. Popular perceptions of it are mired in idolatry, myth, and misinformation - many Americans have opinions on the constitution but have no idea what’s in it.

The misplaced faith of social movements in the constitution as a framework for achieving justice actually obstructs social change - incessant lengthy election cycles, staggered terms, and legislative sessions have kept social movements trapped in a redundant loop. This stymies progress on issues like labor rights, public health, and climate change, projecting the American people and the rest of the world towards destruction.

Robert Ovetz’s reading of the constitution shows that the system isn’t broken. Far from it. It works as it was designed.

From the introduction:

‘The Framers genius was in designing a virtually unchangeable system that provides the people with a semblance of participation and allows a few to select some representatives while the rest of us relinquish the power to self-govern. How and why they did that, why it still functions in that same way, and why we need to move past it is the focus of this book.’

Professor Ovetz is a senior lecturer in political science and public administration at San Jose State University and a lecturer in sociology at the University of California, Berkeley. His first book, When Workers Shot Back: Class Conflict from 1877 to 1924, was published in 2018 by Brill/Haymarket Books. His second book was an edited volume in 2020 entitled, Workers’ Inquiry and Global Class Struggle: Strategies, Tactics, Objectives also published by Pluto Press.

Sydney Business School at Shanghai University - can be reached at keith.krueger1@uts.edu.au or keithNBn@gmail.com

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Shifting Blame: What Should You "Own" and What Shouldn't You? Jan 18, 2023

Show notes

We claim to judge people for what they intentionally do, but accidents often influence our judgments. In our justice systems, people can be harshly and unfairly blamed for bad luck—but in our personal lives, taking on blame isn’t always a bad thing.

Guests

Fiery Cushman, Professor of Psychology at Harvard University
Daniel Statman, Professor of Philosophy at the University of Haifa

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Steffen Mau, "Sorting Machines: The Reinvention of the Border in the 21st Century" (Polity Press, 2022) Jan 18, 2023

Show notes

It is commonly thought that, thanks to globalization, nation-state borders are becoming increasingly porous. In Sorting Machines: The Reinvention of the Border in the 21st Century (Polity, 2022) Steffen Mau shows that this view is misleading: borders are not getting more permeable in the era of globalization, but rather are being turned into powerful sorting machines. Today they fulfill their separation function better and more effectively than ever. While the cross-border movement of people has steadily increased in recent decades, a counter-development has taken place at the same time: in many places, new deterrent walls and militarized border crossings are being created. Borders have also become increasingly selective. Supported by digitalization, they have been upgraded to smart borders, and border control has expanded spatially on a massive scale, even becoming a global enterprise that is detached from territory.

Steffen Mau shows how the new sorting machines create mobility and immobility at the same time: for some travellers, borders open like department-store doors, but for others they remain closed more firmly than ever. While a small circle of privileged people are allowed to travel almost everywhere today, the vast majority of the world’s population continues to be systematically excluded. Nowhere is the Janus face of globalization more evident than at the borders of the 21st century.

Originally published in German in 2021, this new English edition was translated by Nicola Barfoot.

Steffen Mau is Professor of Macrosociology at the Humboldt University of Berlin. His recent works include The Metric Society: On the Quantification of the Social (2019) and Inequality, Marketization and the Majority Class: Why Did the European Middle Classes Accept Neo-Liberalism? (2015).

Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. She can be reached by email, Mastodon or Twitter.

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