New Books in Human Rights

Muslim Women’s Rights: Contesting Liberal-Secular Sensibilities in Canada (Routledge 2019) By Tabassum Fahim Ruby follows the legal debates and public discussions that surrounded the proposed shari‘ah tribunals in Canada from 2003 to 2006. In her close readings and discourse analysis of the public and media scrutiny that followed this discussion, Ruby found that these debates existed at the nexus of complex assumptions about human rights discourses, liberal-secular sensibilities, and law, which all hinged on narratives of western modernity and progress and were set against notions of Muslim women’s rights and agency, or lack thereof. By tracing discourses surrounding Islamic family law and practices of faith-based arbitration in Canada, the study problematizes conceptions of multiculturalism, secularism, and human rights discourses, while further contributing to discussion of contemporary Islam and gender by drawing on postcolonial, antiracist, and transnational feminist studies by focusing on Muslim women’s rights. This book will be of interest to scholars who think and write about women and gender in Islam, especially in Canada, the United States and western Europe, along with those who are interested in human rights and Islamic law. It will also be a great text to include in courses on Islam and gender, and contemporary Islam. Shobhana Xavier is an Assistant Professor of Religious Studies at Queen’s University. Her research areas are on contemporary Sufism in North America and South Asia. She is the author of Sacred Spaces and Transnational Networks in American Sufism (Bloomsury Press, 2018) and a co-author of Contemporary Sufism: Piety, Politics, and Popular Culture (Routledge, 2017). More details about her research and scholarship may be found here and here. She may be reached at shobhana.xavier@queensu.ca. You can follow her on Twitter via @shobhanaxavier. Learn more about your ad choices. Visit megaphone.fm/adchoices

When are borders justified? Who has a right to control them? Where should they be drawn? Today people think of borders as an island's shores. Just as beaches delimit a castaway's realm, so borders define the edges of a territory, occupied by a unified people, to whom the land legitimately belongs. Hence a territory is legitimate only if it belongs to a people unified by a civic identity. Sadly, this Desert Island Model of territorial politics forces us to choose. If we want territories, then we can either have democratic legitimacy, or inclusion of different civic identities--but not both. The resulting politics creates mass xenophobia, migrant-bashing, hoarding of natural resources, and border walls.To escape all this, Paulina O. Espejo's On Borders: Territories, Legitimacy, and the Rights of Place (Oxford UP, 2020) presents an alternative model. Drawing on an intellectual tradition concerned with how land and climate shape institutions, it argues that we should not see territories as pieces of property owned by identity groups. Instead, we should see them as watersheds: as interconnected systems where institutions, people, the biota, and the land together create overlapping civic duties and relations, what the book calls place-specific duties. This Watershed Model argues that borders are justified when they allow us to fulfill those duties; that border-control rights spring from internationally-agreed conventions--not from internal legitimacy; that borders should be governed cooperatively by the neighboring states and the states system; and that border redrawing should be done with environmental conservation in mind. The book explores how this model undoes the exclusionary politics of desert islands. Learn more about your ad choices. Visit megaphone.fm/adchoices

“Imagine you live in a freewheeling city like New York or London – one of the world’s leading financial, educational, and cultural centres. Then imagine that one of the world’s most infamous authoritarian regimes makes direct control over your city, introducing secret police, warrant less surveillance and searches, massive repression and the arrest of protestors, and aggressive prosecution… This is what just happened in Hong Kong”--Michael C. DavisIt is difficult to understand the pace or extent of the changes in Hong Kong since the protests began in June 2019, however in his latest book, Michael C. Davis breaks down for both the uninitiated and expert alike, the political, legal and informal events that have shaped Hong Kong under China’s ever expanding controls. In recent years, Beijing’s increasing interference with Hong Kong’s autonomy has begun to erode the promised “one country, two systems” model. The tension between one country and two systems came to a head in 2019; the world watched Hong Kong’s widespread protests demanding the maintenance of Hong Kong’s autonomy, rule of law and basic freedoms. In an attempt to quell the resistance movement, in 2020 Beijing introduced a National Security Law which has had a chilling effect on society. In Making Hong Kong China: The Rollback of Human Rights and the Rule of Law (Columbia UP, 2020), Professor Davis contextualizes these events in Hong Kong’s political history, giving the reader unique understandings about the events of 2019 and 2020.Professor Michael C. Davis has taught human rights and constitutional law in Hong Kong for over three decades. Through that time, he has witnessed first-hand the changes from the period before the handover in 1997 under British Colonial Rule, including the events after the Tiananmen crackdown in 1989. He was instrumental in the organisation of the massive 2003 and 2004 protests, and witnessed first-hand the protests of the 2014 Occupy Central movement. He brings his unique insights to this book. Davis is the author of a number of books and his scholarship engages a wide range of issues relating to human rights, the rule of law and constitutionalism in emerging states. He is widely published in both academic circles and also popular news media. In 2014 he was awarded the 2014 Human Rights Press Award for his commentary by the Hong Kong Foreign Correspondents Club.Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoices

In his latest book, Professor Lindsay Farmer offers a historical and conceptual analysis of theories of criminalization. The book shows how criminalization is inextricably linked to the making of the modern criminal law. This distinct body of rules and processes is neither fixed nor inevitable in what, who, and how it criminalizes. Instead, it is constructed by the changing functions of criminal law as an instrument of government in the modern state. In this way, the criminal law, and processes of criminalization shape the modern civil order.Making of the Modern Criminal Law: Criminalization and Civil Order first traces the development of the modern criminal law as an institution, and shows how this secures civil order. Specifically, it identifies particular aspects of criminal law – those being jurisdiction, codification and responsibility – to give an understanding how social order is constructed by the criminal law. The book then provides detailed analysis of three particular areas of criminal law, focusing on patterns of criminalization in relation to property, the person and sexual conduct.The book is essential reading for scholars of criminal law and theory, criminalization, and all those who wish to understand the far-reaching impact of the criminal law on social order. Farmer raises questions relevant for lawyers, legislators and theorists and asks the reader to question their assumptions about the modern criminal law, the process of criminalization and social order.Lindsay Farmer is a professor of law at the University of Glasgow. He has previously held teaching posts at the University of Strathclyde, and at Birkbeck College, University of London. He has spent time as a visiting professor at the Center for Law and Society in the University of California at Berkeley, the University of Toronto, Columbia University, New York and the University of Sydney. He is the author of a number of books, and has recently been awarded a Leverhulme Trust Major Research Fellowship (2019-2022) to work on a project entitled "Rethinking the Relation between Criminal Law and Markets". In 2019 he was elected as a Fellow of the British Academy.Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoices

Most people recognize that the internet is growing at an exponential rate. But few have thought as deeply as Laura DeNardis, a Professor and Interim Dean at the School of Communication at American University, about what those changes will mean for privacy, security, human rights, and democracy.In The Internet in Everything: Privacy and Security in a World With No Off Switch (Yale, 2020), Professor DeNardis shows that the policy tools and normative constructs we have built around the internet are outdated. The internet has evolved from a system of communication to one of control—and that demands a new approach to internet governance.On this episode, I talked with Dr. DeNardis about why we need to move beyond an understanding of internet governance as content governance; whether governments can resist exploiting cybersecurity vulnerabilities; and why she thinks ‘internet freedom’ is a “somewhat fetishized ideal.” At one point, Dr. DeNardis’s dog weighs in on the virtues of techno-libertarianism.We wrap up with some predictions for the future of the multi-stakeholder governance model and Dr. DeNardis’s thoughts on 2020. John Sakellariadis is a 2020-2021 Fulbright US Student Research Grantee. He holds a Master’s degree in public policy from the School of International and Public Affairs at Columbia and a Bachelor’s degree in History & Literature from Harvard University. Learn more about your ad choices. Visit megaphone.fm/adchoices

In Camps: Vietnamese Refugees, Asylum Seekers and Repatriates (University of California Press, 2020) is an in-depth study of the fate of the nearly 800,000 Vietnamese refugees who left their country by boat, and sought refugee in Southeast Asia and the Pacific. The experiences of these populations and the subsequent policies remain relevant today; Who is a refugee? Who determines their status? And how does it change over time?Jana K. Lipman takes the reader to visit camps in Guam, Malaysia, the Phillipines and Hong Kong, drawing out the politics, policies and how these impacted refugees rights to remain, be resettled or repatriated. She draws out the tensions between the UN High Commissioner for Refugees and the US government, drawing into focus the direct impact this had on the day-to-day lives of those stuck in camps.Her research is the first major work to pay close attention to first-landing host sites, with particular emphasis on Vietnamese activism in the camps and as part of the diaspora. The work will unsettle conventionally accepted accounts of Southeast Asian migration to the US. It reveals how first asylum seeker sites caused UNHCR to reshape international refugee policy. It is a gripping read; historical and also somewhat anthropological, it raises concerns of humanitarianism, human rights and Asian American studies to confront the legal and moral dilemmas, and the obligations that continue to face the US and all host countries of refugees and asylum seekers. It causes the reader to recall the humanity of those seeking asylum, and question current government policies. Though the plight of the Vietnamese refugees is specific, the human need for certainty and safety are universal. This is essential reading in relation to any refugee policy, and human rights and humanitarianism more broadly.Jana K. Lipman is an Associate Professor of History at Tulane University. She is a scholar of U.S. foreign relations, U.S. immigration, and labor history. Her first book was Guantánamo: A Working-Class History between Empire and Revolution. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics.  Learn more about your ad choices. Visit megaphone.fm/adchoices

What is “unborn human life” and what kind of court cases, not only in the US but abroad, illuminate the matter from the standpoint of the many fields in which the term is employed: law, bioethics, and philosophy among others?These questions are addressed by a distinguished group of scholars in the 2019 book, Unborn Human Life and Fundamental Rights: Leading Constitutional Cases Under Scrutiny (Peter Lang, 2019)In this fascinating collection of case studies from countries such as Argentina, Canada, Chile, Costa Rica, Italy, Poland and Spain as well as the United States we learn that abortion is not always the catalyst for landmark constitutional cases in many lands. So are such concerns as the moral questions raised by in vitro fertilization and the morning-after pill.Not only does the book provide a look into the workings and worldviews of various constitutional courts and legal systems in many countries, it also shows how activists on both sides of the issue of unborn human life (and there are those who take issue with the term itself) draw on or oppose rulings and/or proclamations over the past decades of such international legal bodies as the Inter-American Court of Human Rights, and the European Court on Human Rights to make their cases. Anyone interested in real-world, high-profile applications of international law generally and human rights laws specifically should read this book.Those interested in the many legal and philosophical arguments about when life begins and who is deemed worthy of the dignity of life and endowed with rights should read this book. Anyone interested in reproductive health law globally should, too.The book includes a powerful concluding essay by a giant of natural law thinking, John Finnis, that addresses the many moral and jurisprudential issues discussed by the contributors to this important book.In this interview, one of the editors of the book, William L. Saunders, will discuss how this panoply of judges and legislators wrestled with thorny issues that ranged from embryology and the latest in reproductive technology and the ethical and practical issues surrounding it (such as what is to be done with the surplus embryos now in a cruel limbo in labs the world over) to what Finnis refers to as “fundamental civility and humanity.”Give a listen.Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices

Today we are joined by Barbara Keys, Professor of US and International History at Durham University, and author and editor of The Ideals of Global Sport: From Peace to Human Rights (University of Pennsylvania Press, 2019). In our conversation, we discussed the origins of Olympism’s moral claims, the nexus between sport and human rights, and why it can be hard to understand the human costs of contemporary mega-events.In The Ideals of Global Sport, Keys joins nine scholars in a critical examination of what she calls the “liturgy” of Olympism: namely that international sports “promote peace;” “teach fair play and mutual understanding;” “combat racial, ethnic gender, religious, and national discrimination;” “fight poverty;” “protect the environment;” and promote human rights.” A series of thematic articles, each chapter touches on one or more of the above themes. The authors come from a wide range of disciplines, including history, political science, and anthropology. Their different theoretical perspectives allow them to raise a host of questions about Olympism’s most grandiose claims.These scholars do more than simply test the so-called “moral” defenses of sport. They also try to understand why “so many people make (such moral claims) and why so may people believe them…. The claims are important far beyond the question of their veracity: they constitute a system of meaning and a way of imagining the international. As a set of beliefs, the shape behaviour and practice.”The Ideals of Global Sport is divided into two parts. Part 1 examines the core Olympic ideals of friendship, anti-discrimination, democratization, and peace. Simon Creak, Joon Seok Hong, and Roland Burke find very little evidence for strong links between any of these official Olympic values and instead point to the way that these ideals have been mobilized to serve particular political agendas. Robert Skinner’s chapter on anti-Apartheid sport posits that sport played a role in a much larger anti-discrimination movement.In a provocative second half, scholars address the intersection between sport and human rights. Jules Boykoff illustrates the human cost of mega-events. Susan Brownell investigates different metrics for understanding the “human rights impact” of sport. In her own chapter, Keys paints a picture of sports and human rights organizations working with and against each other for mutual and opposite goals. Sporting group wanted to reframe human rights away from enumerated ideals and towards more marketable language, but other organizations like Amnesty International and Human Rights Watch are also increasingly interested in partnering with FIFA and the IOC.Each one of these essays in this volume offers enticing insights into the ways that power and human rights intersect in the sports sphere and scholars interested in those themes are strongly encouraged to read this book.Keith Rathbone is a lecturer at Macquarie University in Sydney, Australia. He researches twentieth-century French social and cultural history. His manuscript, entitled Sport and physical culture in Occupied France: Authoritarianism, agency, and everyday life, examines physical education and sports in order to better understand civic life under the dual authoritarian systems of the German Occupation and the Vichy Regime. It will come out with Manchester University Press in 2021. If you have a title to suggest for this podcast, please contact him at keith.rathbone@mq.edu.au.  Learn more about your ad choices. Visit megaphone.fm/adchoices

On July 1, 2020, China introduced a National Security Law into Hong Kong partly in an attempt to quell months of civil unrest, as a mechanism to safeguard China’s security. In this new book, China’s National Security: Endangering Hong Kong’s Rule of Law? (Hart, 2020), Cora Chan and Fiona de Londras bring together a host of internationally renowned authors who question whether a national security law will challenge Hong Kong’s rule of law, and the liberal ideals safeguarded in its legal system, which have become a mark of national identity and pride for many Hong Kongers.The book examines the question in three parts. Firstly, it considers whether national security poses a threat to Hong Kong’s rule of law, in particular, under the unique ‘One Country, Two Systems’ model. In the second part of the book, there is an examination of the sources of resilience in Hong Kong’s politico-legal culture, which may provide resistance to the erosion of the rule of law. In particular, authors examine administrative law, the judiciary, the legislature, and civil society. In the final section of the book, authors examine the limits and scope of national security legislation in Hong Kong, and consider how it should be interpreted in line with Hong Kong’s common law traditions.To understand the current political unrest in Hong Kong, this book is a must read. It is also essential for understanding China’s security concerns, and what this means for the rest of the world.Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoices

In Gilded Age America, people and animals lived cheek-by-jowl in environments that were dirty and dangerous to man and animal alike. The industrial city brought suffering, but it also inspired a compassion for animals that fueled a controversial anti-cruelty movement. From the center of these debates, Henry Bergh launched a shocking campaign to grant rights to animals.Ernest Freeberg's book A Traitor to His Species: Henry Bergh and the Birth of the Animal Rights Movement (Basic Books, 2020) is revelatory social history, awash with colorful characters. Cheered on by thousands of men and women who joined his cause, Bergh fought with robber barons, Five Points gangs, and legendary impresario P.T. Barnum, as they pushed for new laws to protect trolley horses, livestock, stray dogs, and other animals.Raucous and entertaining, A Traitor to His Species tells the story of a remarkable man who gave voice to the voiceless and shaped our modern relationship with animals.Ernest Freeberg is a distinguished professor of humanities and head of the history department at the University of Tennessee. He has authored three award-winning books, including The Age of Edison. He lives in Knoxville, Tennessee.Mark Molloy is the reviews editor at MAKE: A Literary Magazine. Learn more about your ad choices. Visit megaphone.fm/adchoices