New Books in Law

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Guy Lancaster, "American Atrocity: The Types of Violence in Lynching" (U Arkansas Press, 2021) Oct 26, 2022

Show notes

Lynching is often viewed as a narrow form of violence: either the spontaneous act of an angry mob against accused individuals, or a demonstration of white supremacy against an entire population considered subhuman. However, in this new treatise, historian Guy Lancaster exposes the multiple forms of violence hidden beneath the singular label of lynching.

Lancaster, who has written extensively on racial violence, details several lynchings of Blacks by white posses in post-Reconstruction Arkansas. Drawing from the fields of history, philosophy, cognitive science, sociology, and literary theory, and quoting chilling contemporary accounts, he argues that the act of lynching encompasses five distinct but overlapping types of violence. This new framework reveals lynching to be even more of an atrocity than previously understood: that mobs did not disregard the humanity of their victims but rather reveled in it; that they were not simply enacting personal vengeance but manifesting an elite project of subjugation. Lancaster thus clarifies and connects the motives and goals of seemingly isolated lynch mobs, embedding the practice in the ongoing enforcement of white supremacy. By interrogating the substance of lynching, American Atrocity: The Types of Violence in Lynching (U Arkansas Press, 2021) shines new light on both past anti-Black violence and the historical underpinnings of our present moment.

Brandon T. Jett, professor of history at Florida SouthWestern State College, creator of the Lynching in LaBelle Digital History Project, and author of Race, Crime, and Policing in the Jim Crow South (LSU Press, 2021) and co-editor of Steeped in a Culture of Violence: Murder, Racial Injustice, and Other Violent Crimes in Texas, 1965–2020 (Texas A&M University Press, scheduled Spring 2023). Twitter: @DrBrandonJett1.

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Lynn M. Hudson, "West of Jim Crow: The Fight Against California's Color Line" (U Illinois Press, 2020) Oct 26, 2022

Show notes

California was born "under the shadow of slavery," writes Lynn Hudson, professor of history at the University of Illinois at Chicago. In West of Jim Crow: The Fight Against California's Color Line(U of Illinois Press, 2020), Hudson argues that despite its reputation as a land of opportunity and freedom, California's deeply racist past extended well into the twentieth century. As one Black Californian put it, the only difference between California and Mississippi was the way they were spelled. Yet, African Americans in the state nonetheless resisted Jim Crow in the West at every turn, from founding all Black communities to struggling to integrate public facilities such as swimming pools. West of Jim Crow is a fascinating look at how the myths about where Jim Crow segregation began and ended hide important truth's about segregation and discrimination's extent.

Dr. Stephen R. Hausmann is an assistant professor of history at the University of St. Thomas in Minnesota.

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Ron E. Hassner, "Anatomy of Torture" (Cornell UP, 2022) Oct 26, 2022

Show notes

Does torture "work?" Can controversial techniques such as waterboarding extract crucial and reliable intelligence? Since 9/11, this question has been angrily debated in the halls of power and the court of public opinion. In Anatomy of Torture (Cornell UP, 2022), Ron E. Hassner mines the archives of the Spanish Inquisition to propose an answer that will frustrate and infuriate both sides of the divide.

The Inquisition's scribes recorded every torment, every scream, and every confession in the torture chamber. Their transcripts reveal that Inquisitors used torture deliberately and meticulously, unlike the rash, improvised methods used by the United States after 9/11. In their relentless pursuit of underground Jewish communities in Spain and Mexico, the Inquisition tortured in cold blood. But they treated any information extracted with caution: torture was used to test information provided through other means, not to uncover startling new evidence.

Hassner's findings in Anatomy of Torture have important implications for ongoing torture debates. Rather than insist that torture is ineffective, torture critics should focus their attention on the morality of torture. If torture is evil, its efficacy is irrelevant. At the same time, torture defenders cannot advocate for torture as a counterterrorist "quick fix": torture has never located, nor will ever locate, the hypothetical "ticking bomb" that is frequently invoked to justify brutality in the name of security.

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Jennifer Lillian Lodine-Chaffey, "A Weak Woman in a Strong Battle: Women and Public Execution in Early Modern England" (U Alabama Press, 2022) Oct 25, 2022

Show notes

Content Warning: discussion of execution gets a bit gruesome.

Jennifer Lodine-Chaffey, A Weak Woman in a Strong Battle: Women and Public Execution in Early Modern England (University of Alabama Press, 2022) provides a new perspective on the representations of women on the scaffold, focusing on how female victims and those writing about them constructed meaning from the ritual. A significant part of the execution spectacle-one used to assess the victim's proper acceptance of death and godly repentance-was the final speech offered at the foot of the gallows or before the pyre. To ensure that their words on the scaffold held value for audiences, women adopted conventionally gendered language and positioned themselves as subservient and modest. Just as important as their words, though, were the depictions of women's bodies. Drawing on a wide range of genres, from accounts of martyrdom to dramatic works, this study explores not only the words of women executed in Tudor and Stuart England, but also the ways that writers represented female bodies as markers of penitence or deviance. The reception of women's speeches, Jennifer Lodine-Chaffey argues, depended on their performances of accepted female behaviors and words as well as physical signs of interior regeneration. Indeed, when women presented themselves or were represented as behaving in stereotypically feminine and virtuous ways, they were able to offer limited critiques of their fraught positions in society.

The first part of this study investigates the early modern execution, including the behavioral expectations for condemned individuals, the medieval tradition that shaped the ritual, and the gender specific ways English authorities legislated and carried out women's executions. Depictions of the female body are the focus of the second part of the book. The executed woman's body, Lodine-Chaffey contends, functioned as a text, scrutinized by witnesses and readers for markers of innocence or guilt. These signs, though, were related not just to early modern ideas about female modesty and weakness, but also to the developing martyrdom tradition, which linked bodies and behavior to inner spiritual states. While many representations of women focused on physical traits and behaviors coded as godly, other accounts highlighted the grotesque and bestial attributes of women deemed unrepentant or evil. Part Three considers the rhetorical strategies used by women and their authors, highlighting the ways that women positioned themselves as stereotypically weak in order to defuse criticism of their speeches and navigate their positions in society, even when awaiting death on the scaffold. The greater focus on the words and bodies of women facing execution during this period, Lodine-Chaffey argues, became a catalyst for a more thorough interest in and understanding of women's roles not just as criminals but as subjects.

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

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Transitional Justice in Post-Communist Europe Oct 25, 2022

Show notes

An alienated society divided into groups and classes suspicious of one another does not pose an especially great problem for an authoritarian regime that does not legitimize itself through fair elections. In contrast, democratic institutions presuppose a consensus about obeying common “rules of the game” and rely on a culture of trust and reciprocity. For democratic consolidation, citizens must respect and participate in shared democratic institutions. For instance, they should trust courts as the final arbiters in adjudicating disputes and respect judicial decisions even if they disagree with them. They should also recognize results of elections, even if their favorite candidate loses.

– Monika Nalepa, Skeletons in the Closet: Transitional Justice in Post-Communist Europe (2010)

This book tackles three puzzles of pacted transitions to democracy. First, why do autocrats ever step down from power peacefully if they know that they may be held accountable for their involvement in the ancien régime? Second, when does the opposition indeed refrain from meting out punishment to the former autocrats once the transition is complete? Third, why, in some countries, does transitional justice get adopted when successors of former communists hold parliamentary majorities? Monika Nalepa argues that infiltration of the opposition with collaborators of the authoritarian regime can serve as insurance against transitional justice, making their commitments to amnesty credible. This explanation also accounts for the timing of transitional justice across East Central Europe. Nalepa supports her theory using a combination of elite interviews, archival evidence, and statistical analysis of survey experiments in Poland, Hungary, and the Czech Republic.

Here are Monika’s book recommendations and links to the articles mentioned in this interview:

Anne Meng’s Constraining Dictatorship: From Personalized Rule to Institutionalized Regimes;
Bryn Rosenfeld’s The Autocratic Middle Class: How State Dependency Reduces the Demand for Democracy;
Sergei Guriev and Daniel Treisman’s Spin Dictators: The Changing Face of Tyranny in the 21st Century;
Milena Ang and Monika Nalepa’s chapter ‘What can Quantitative and Formal Models Teach us About Transitional Justice’
Monika Nalepa and Barbara Piotrowskaw’s article ‘Clean sweep or picking out the ‘bad apples’: the logic of secret police purges with evidence from Post-Communist Poland’.

See also Professor Nalepa’s discussion with Miranda Melcher about her latest Cambridge University Press release - After Authoritarianism: Transitional Justice and Democratic Stability on the NBN.

Monika Nalepa’s research focuses on transitional justice, parties and legislatures, and game-theoretic approaches to comparative politics. She teaches courses in game theory, comparative politics, and transitional justice at the University of Chicago.

Keith Krueger lectures part-time in the Sydney Business School at Shanghai University.

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Robert Hutchinson, "After Nuremberg: American Clemency for Nazi War Criminals" (Yale UP, 2022) Oct 24, 2022

Show notes

Robert Hutchinson's After Nuremberg: American Clemency for Nazi War Criminals (Yale UP, 2022) is about the fleeting nature of American punishment for German war criminals convicted at the twelve Nuremberg trials of 1946–1949. Because of repeated American grants of clemency and parole, ninety-seven of the 142 Germans convicted at the Nuremberg trials, many of them major offenders, regained their freedom years, sometimes decades, ahead of schedule. High-ranking Nazi plunderers, kidnappers, slave laborers, and mass murderers all walked free by 1958. High Commissioner for Occupied Germany John J. McCloy and his successors articulated a vision of impartial American justice as inspiring and legitimizing their actions, as they concluded that German war criminals were entitled to all the remedies American laws offered to better their conditions and reduce their sentences. Based on extensive archival research (including newly declassified material), this book explains how American policy makers’ best intentions resulted in a series of decisions from 1949–1958 that produced a self-perpetuating bureaucracy of clemency and parole that “rehabilitated” unrepentant German abettors and perpetrators of theft, slavery, and murder while lending salience to the most reactionary elements in West German political discourse.

Nicholas Misukanis is a doctoral candidate in the history department at the University of Maryland - College Park. He studies modern European and Middle Eastern history with a special emphasis on Germany and the role energy autonomy played in foreign and domestic German politics during the twentieth century. He is currently working on his dissertation which analyzes why the West German government failed to convince the public to embrace nuclear energy and the ramifications this had on German politics between 1973 and 1986. His work has been published in Commonweal, America: The Jesuit Review, The United States’ Naval Academy’s Tell Me Another and Studies on Asia. He can be reached at Misukani@umd.edu.

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Lucy Series, "Deprivation of Liberty in the Shadows of the Institution" (Bristol UP, 2022) Oct 24, 2022

Show notes

Dr Lucy Series Deprivations of Liberty in The Shadows of the Institution(Bristol University Press, 2022) is one that I have long been looking forward to reading, and it did not disappoint. Series provides a rich historical and socio-legal context to bring new understanding of the post-carceral era, and the legacies of the institutions which continue to shape the contemporary era of social care detention. She provides an in-depth analysis of the very odd legal landscape that has been imported into the British care system, to draw out the specific logics, locus and temporality of a complex social problem, for which the legal solution has produced anomalous results. Her key concern goes beyond bringing new understanding of the ways that individuals are regulated and controlled. Crucially, Series delves into what we should be aiming for.

Dr Lucy Series is a lecturer in the school for policy studies at the University of Bristol. She also writes a fabulous blog, The Small Places.

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Larisa Kingston Mann, "Rude Citizenship: Jamaican Popular Music, Copyright, and the Reverberations of Colonial Power (UNC Press, 2022) Oct 24, 2022

Show notes

In this episode, our host Mariela Morales Suárez discusses the book Rude Citizenship: Jamaican Popular Music, Copyright, and the Reverberations of Colonial Power (UNC Press, 2022) by Dr. Larisa Kingston Mann.

You’ll hear about:

Dr. Mann’s intellectual trajectory and how she became interested in the topic of copyright in Jamaican popular music;
The concept of “rude citizenship” through the Jamaican music world;
What it means to be “original” from the perspective of copyrights, language, and diverse modes of cultural production in Jamaica;
Dr. Mann’s writing process as a form of translation from fieldwork notes, archival materials, and music contents into ethnography;
How to make the classroom a meaningful pedagogical space by learning from marginal voices and practices;
What constitutes the exilic spaces, namely, the reimagining of marginalized spaces as sites of agency and sovereignty through music and cultural production;
The transnational networks of the local music production in Jamaica and global flows of sonic resistance, especially during COVID-19.

About the book

In this deep dive into the Jamaican music world filled with the voices of creators, producers, and consumers, Larisa Kingston Mann—DJ, media law expert, and ethnographer—identifies how a culture of collaboration lies at the heart of Jamaican creative practices and legal personhood. Because many working-class and poor people are cut off from the full benefits of citizenship on the basis of race, class, and geography, Jamaican music spaces are an important site of social commentary and political action in the face of the state’s limited reach and neglect of social services and infrastructure. Music makers organize performance and commerce in ways that defy, though not without danger, state ordinances and intellectual property law and provide poor Jamaicans avenues for self-expression and self-definition that are closed off to them in the wider society. In a world shaped by coloniality, how creators relate to copyright reveals how people will play outside, within, and through the limits of their marginalization.

You can find this book on the University of North Carolina Press website.

Author: Larisa Kingston Mann is Assistant Professor in the Department of Media Studies and Production at Temple University (PA, USA).

Host: Mariela Morales Suárez is a doctoral candidate at the Annenberg School for Communication at the University of Pennsylvania where she specializes in transnational media flows, technological appropriations, diasporic identity formation, and popular culture.

Editor & Producer: Jing Wang. She is Senior Research Manager at CARGC at the Annenberg School for Communication, University of Pennsylvania.

Our podcast is part of the multimodal project powered by the Center for Advanced Research in Global Communication (CARGC) at the Annenberg School for Communication at the University of Pennsylvania. At CARGC, we produce and promote critical, interdisciplinary, and multimodal research on global media and communication. We aim to bridge academic scholarship and public life, bringing the very best scholarship to bear on enduring global questions and pressing contemporary issues.

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Elsa Sjunneson, "Being Seen: One Deafblind Woman's Fight to End Ableism" (Simon Element, 2021) Oct 20, 2022

Show notes

As a deafblind woman with partial vision in one eye and bilateral hearing aids, Elsa Sjunneson lives at the crossroads of blindness and sight, hearing and deafness--much to the confusion of the world around her. While she cannot see well enough to operate without a guide dog or cane, she can see enough to know when someone is reacting to the visible signs of her blindness and can hear when they're whispering behind her back. And she certainly knows how wrong our one-size-fits-all definitions of disability can be.

As a media studies professor, she's also seen the full range of blind and deaf portrayals on film, and here she deconstructs their impact, following common tropes through horror, romance, and everything in between. Part memoir, part cultural criticism, part history of the Deafblind experience, Being Seen: One Deafblind Woman's Fight to End Ableism(Simon Element, 2021) explores how our cultural concept of disability is more myth than fact, and the damage it does to us all.

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Josh Bowsher, "The Informational Logic of Human Rights" (Edinburgh UP, 2022) Oct 19, 2022

Show notes

What happens to the cultural politics of human rights when atrocities are rendered calculable, abuses are transformed into data, and victims become vectors? As human rights organizations have increasingly embraced information technologies this ‘datafication’ of rights has become both a reality and a pressing concern, one inextricably tangled up with questions regarding the broader political valences of human rights.

In The Informational Logic of Human Rights(Edinburgh UP, 2022), Josh Bowsher resituates recent critiques of human rights within ongoing theoretical discussions concerning informational capitalism, digital culture and the politics of data.

Critically analysing the contemporary human rights movement as an informational politics, Bowsher provides a new conceptual agenda for both exploring and overcoming the limits of human rights in an era shaped by the data flows, network infrastructures and informational logic of late capitalism.

Louisa Hann recently attained a PhD in English and American studies from the University of Manchester, specialising in the political economy of HIV/AIDS theatres. She has published work on the memorialisation of HIV/AIDS on the contemporary stage and the use of documentary theatre as a neoliberal harm reduction tool. She is currently working on a monograph based on her doctoral thesis. You can get in touch with her at louisahann92@gmail.com.

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