New Books in Human Rights

By the end of the eighteenth century, politicians in America and France were invoking the natural rights of man to wrest sovereignty away from kings and lay down universal basic entitlements. Exactly how and when did “rights” come to justify such measures?In On the Spirit of Rights (University of Chicago Press, 2018), Dan Edelstein answers this question by examining the complex genealogy of the rights regimes enshrined in the American and French Revolutions. With a lively attention to detail, he surveys a sprawling series of debates among rulers, jurists, philosophers, political reformers, writers, and others, who were all engaged in laying the groundwork for our contemporary systems of constitutional governance. Every seemingly new claim about rights turns out to be a variation on a theme, as late medieval notions were subtly repeated and refined to yield the talk of “rights” we recognize today. From the Wars of Religion to the French Declaration of the Rights of Man and of the Citizen to the 1948 Universal Declaration of Human Rights, On the Spirit of Rights is a sweeping tour through centuries of European intellectual history and an essential guide to our ways of thinking about human rights today.Dan Edelstein is the William H. Bonsall Professor of French and (by courtesy) professor of history at Stanford University. He is the author of The Terror of Natural Right, The Enlightenment, and On the Spirit of Rights, all published by the University of Chicago Press.Dr Alexandra Ortolja-Baird is a visiting researcher at the British Museum and teaches Digital Humanities at University College London. Learn more about your ad choices. Visit megaphone.fm/adchoices

How does the United States use immigration to suppress free speech? Should interests of “national security” take priority over individual liberties? What happens to democracy when the most vulnerable are denied their right to speak and exchange ideas? In Threat of Dissent: A History of Ideological Exclusion and Deportation in the United States (Harvard University Press, 2020), historian and lawyer Dr. Julia Rose Kraut argues that ideological exclusions and deportations are rooted in political fear of subversion – and the United States has used these exclusions and deportations continuously from the 18th to 21st centuries to suppress free speech.The book explores the constitutionality of ideological restrictions and exclusions as interpreted by American courts – as well as the specific intersection of American immigration and First Amendment law – through a political, historical, legal and personal lens by following the lives of real people as well as key court decisions. The book chronicles the actions of those we know (e.g. Clarence Darrow, Thurgood Marshall, Charlie Chaplin, Carlos Fuentes, and J. Edgar Hoover) as well as some that we may have forgotten (e.g. Ernest Mandel, Leonard Boudin, Carol King, and Frank Murphy). At issue for Kraut is the essence of American liberal democracy and the rule of law. She fears a national identity rooted in fear of the threat of dissent and political repression rather than J.S. Mill’s marketplace of ideas and free exchange of ideas.The actions of the Trump administration on immigration have put a recent spotlight on this issue – and Kraut’s book concludes with the Travel Ban – but she details how immigration law has been used throughout American history to suppress dissent and radical change. Beginning with the Alien Friends Act of 1798, immigrants in America have always had their First Amendment rights violated on the basis of their values, ideas, and associations. These violations are often backed by the Supreme Court as immigrants are judged more greatly on their immigrant status than in accordance with first amendment rights. Threat of Dissent systematically reveals the ways immigration law is used by officials to intimidate, threaten, and repress foreigners. Kraut unveils this, criticizing not only the damaging effect this has on immigrants’ lives themselves, but additionally the overall damage this does to the idea of American liberal democracy and the overstep of executive power.The podcast includes a discussion of the recent SCOTUS decisions on DACA and the recent passage of the NOBAN Act by the House of Representatives on July 22, 2020.Bernadette Crehan assisted with this podcast.Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013) and, most recently, “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” in the Journal of Politics (August 2020). Learn more about your ad choices. Visit megaphone.fm/adchoices

The key question in The Struggle for Democracy in Mainland China, Taiwan, and Hong Kong: Sharp Power and its Discontents (Routledge, 2020), is to what extent political activists in these three domiciles have made progress in their quest to liberalize and democratize their respective polities.Taking a long historical perspective, the book compares the political trajectory in the three regions from the 1970s until the present. Key political events are analyzed for their strategies, tactics, success and lessons learned. An assessment is made as to how these significant political events have informed the key actor’s struggles for democracy, and also the wider democracy trajectory.Crucially, by drawing on key events, Andreas Fulda demonstrates how the Chinese Communist Party uses “sharp power” to penetrate the political and information environments in Western democracies, and manipulate debate and suppress dissenters living both inside and outside China – with the intent of strengthening its own political position.The book explores the effectiveness and consequences of this sharp power, and the rise of the security state within mainland China. The book makes an argument that this policy has been counterproductive in Taiwan and Hong Kong, where sharp power practices have stimulated the growth of civil society, campaigns for democracy and the flourishing of religion.Fulda’s book makes an essential and timely contribution. It is wonderfully written and absorbing; a must read for anyone seeking to understand political events in the region, and China’s rise to prominence in the world.Follow Andreas Fulda on twitter @AMFChina .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. Learn more about your ad choices. Visit megaphone.fm/adchoices

People’s Tribunals, Human Rights and the Law (Routledge, 2020) gives a vital introduction to an essential but overlooked topic; the rise of People’s Tribunals, their role in truth and justice, and the contribution they make to redress the rights of survivors and victims. People’s Tribunals are independent, grassroots movements, growing from civil society which address past atrocities in spaces where governments or political agendas can’t or won’t. They provide a voice and recognition for survivors, and have the potential to spark dialogue and action beyond the scope provided by the normative domestic or international legal framework.Regina Menachery Paulose’s edited collection gives a thorough account of various People’s Tribunals, which address many situations – from genocide to environmental degradation. The work explores the limits and challenges of People’s Tribunals, while leaving the reader hopeful that the work of People’s Tribunals can fill gaps of injustice left by the conventional legal framework. People’s Tribunals can be part of broader social movements which attempt to bring reconciliation and some sought of healing for past atrocities.The book will be of interest to anyone interested in human rights, international criminal law, environmental justice, transnational justice and international relations.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. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, Siobhan talks with Robert T. Chase about his book, We Are Not Slaves: State Violence, Coerced Labor, and Prisoners’ Rights in Postwar America (UNC Press, 2020).In the early twentieth century, the brutality of southern prisons became a national scandal. Prisoners toiled in grueling, violent conditions while housed in crude dormitories on what were effectively slave plantations. This system persisted until the 1940s when, led by Texas, southern states adopted northern prison design reforms. Texas presented the reforms to the public as modern, efficient, and disciplined. Inside prisons, however, the transition to penitentiary cells only made the endemic violence more secretive, intensifying the labor division that privileged some prisoners with the power to accelerate state-orchestrated brutality and the internal sex trade. Reformers' efforts had only made things worse--now it was up to the prisoners to fight for change.Drawing from three decades of legal documents compiled by prisoners, Chase narrates the struggle to change prison from within. Prisoners forged an alliance with the NAACP to contest the constitutionality of Texas prisons. Behind bars, a prisoner coalition of Chicano Movement and Black Power organizations publicized their deplorable conditions as “slaves of the state” and initiated a prison-made civil rights revolution and labor protest movement. These insurgents won epochal legal victories that declared conditions in many southern prisons to be cruel and unusual--but their movement was overwhelmed by the increasing militarization of the prison system and empowerment of white supremacist gangs that, together, declared war on prison organizers. Told from the vantage point of the prisoners themselves, this book weaves together untold but devastatingly important truths from the histories of labor, civil rights, and politics in the United States as it narrates the transition from prison plantations of the past to the mass incarceration of today.Chase is Associate Professor of History at Stony Brook UniversityThis 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.Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University. Learn more about your ad choices. Visit megaphone.fm/adchoices

Laura A. Dean (Assistant Professor of Political Science at Millikin University and director of the Human Trafficking Research Lab) has spent many years investigating the urgent human rights issue of human trafficking in Eurasia.In her 2020 monograph Diffusing Human Trafficking Policy in Eurasia (Policy Press, 2020), Dr. Dean analyzes the development and effectiveness of anti-trafficking policies and institutions in Latvia, Russia, and Ukraine, explores challenges to crafting and enforcing policies and aiding victims, and evaluates best practices based on country-to-country comparison.We discuss common misconceptions about human trafficking, the impact of institutionalized gender inequalities on efforts to combat labor and sexual exploitation, the mixed results of United States and Western European involvement, the challenges of controversial fieldwork as an American scholar in Eurasia, and the book’s key takeaways for policy makers and activists.Dr. Dean also introduces the Human Trafficking Policy Index - her new, innovative tool for measuring the scope of human trafficking policy.Diana Dukhanova is Visiting Assistant Professor of Russian at the College of the Holy Cross in Worcester, MA. Her work focuses on religion and sexuality in Russian cultural history, and she is currently working on a monograph about Russian religious philosopher Vasily Rozanov. Diana tweets about contemporary events in the Russian religious landscape at https://twitter.com/RussRLGNWatch. Learn more about your ad choices. Visit megaphone.fm/adchoices

We are all familiar with the story of how in early 1919 heads of state and diplomats from around the world came to Paris to negotiate a peace settlement with a defeated Germany and its allies. Many of us are aware of how nationalists such as Nguyễn Ái Quốc, the future Hồ Chí Minh, tried to gain access to the official meetings. But far fewer of us know of the roles played of activist women such as the French Marguerite de Witt Schlumberger, the African American Ida Gibbs Hunt, and the Chinese Soumay Tcheng.In her new book Peace on Our Terms: The Global Battle for Women’s Rights After the First World (Columbia University Press, 2020), Professor Mona L. Siegel explores the previously neglected history of a diverse group of women from around the world who fought for women’s rights as male politicians forged a new world order. Written like a true global history, Peace on Our Terms links the meeting rooms of Paris to street demonstrations in Cairo to the revolutionary underworld of Shanghai. Not only does Siegel gender the history of 1919, but she also offers a serious critique of traditional narratives of the American women’s movement by bringing in issues of race and class. Based on her research in archives in several countries on both sides of the Atlantic, Siegel explores troves of previously untouched documents. This is a scholarly work written in a style accessible for a general audience.Mona L. Siegel of Sacramento State University earned her PhD at the University of Wisconsin, Madison. In 2004, she published The Moral Disarmament of France: Education, Pacifism, and Patriotism, 1914-1940 with Cambridge University Press. In addition to awards from the Peace History Society and the History of Education Society, Siegel received grants from the National Endowment for the Humanities for research on feminist activism and peace negotiations after World War One.Michael G. Vann is a professor of world history at California State University, Sacramento. A specialist in imperialism and the Cold War in Southeast Asia, he is the author of The Great Hanoi Rat Hunt: Empires, Disease, and Modernity in French Colonial Vietnam (Oxford, 2018). When he’s not quietly reading or happily talking about new books with smart people, Mike can be found surfing in Santa Cruz, California. Learn more about your ad choices. Visit megaphone.fm/adchoices

Lauren Turek is an Assistant Professor of History at Trinity University in San Antonio, Texas. She earned her doctorate from the University of Virginia in 2015 and holds a degree in Museum Studies from New York University. A specialist in U.S. diplomatic history and American religious history, Dr. Turek’s first book, titled To Bring the Good News to All Nations: Evangelical Influence on Human Rights and U.S. Foreign Relations (Cornell University Press, 2020), examines the growth and influence of Christian foreign policy lobbying groups in the United States beginning in the 1970s.Turek specifically assesses the effectiveness of Christian efforts to attain foreign aid for favored regimes and to impose economic and diplomatic sanctions on those nations that persecuted Christians and stifled evangelism. To Bring the Good News to All Nations offers a fascinating look into the politicization of the Christian Right, expanding our understanding from evangelical concerns over domestic concerns (like abortion and gay rights) to events around the globe.Chris Babits is an Andrew W. Mellon Engaged Scholar Initiative Postdoctoral Fellow at the University of Texas at Austin. He researches the intersecting histories of medicine, religion, and gender and sexuality and is currently working on his book about the history of conversion therapy in the United States. Learn more about your ad choices. Visit megaphone.fm/adchoices

Criminal responsibility is a key-organizing concept of the criminal law, but Arlie Loughnan argues that it needs re-examination. Focusing on the Australian experience, Self, Others and the State: Relations of Criminal Responsibility (Cambridge University Press, 2020) questions assumptions about the rise and prominence of criminal responsibility from the late colonial period until recent times. The focus on significant events since the turn of the twentieth century draws out the complexity of criminal responsibility and how its assumed neutrality obscures dynamics of subjectivity, rationality and power in the criminal system.This book will be of interest to a broad range of scholars. Anyone interested in legal philosophy, Australian history, criminal law and also discrimination will find this book invaluable. Self, Others and State will make you question what you know about the law and reveal your own assumptions about its doctrines and principles.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. Learn more about your ad choices. Visit megaphone.fm/adchoices

China is a veto-holding member of the UN Security Council yet Chinese officials have been skeptical of using the powers of the UN to pressure nations accused of human rights violations. The PRC has emphasized the norm of sovereignty and rejected external interference in its own internal affairs. Yet they have supported UN intervention when states have been accused of mass human rights abuses. Why has China acquiesced and supported intervention? Neither realism or liberalism offer complete explanations for China’s seeming inconsistency. Courtney Fung finds that social constructions by way of public discourse of regime change matter when embedded in wider material conditions. She argues that anxieties about loss of status help explain China’s choices.In her new book China and Intervention at the UN Security Council: Reconciling Status (Oxford University Press, 2019), Fung explores three cases involving mass atrocities: Darfur (2004-2008), Libya (2011-2012), and Syria (2011-2015). China’s focus on status requires thinking about China’s twin statuses as both a great power and a developing state. China focuses on recognition from its intervention peer group: the Western, permanent members of the UN Security Council, US, UK, and France (P3). But China is also concerned with the Global South, which includes geographic-specific regional organizations and often the host state. Fung urges political scientists (and foreign policy experts implementing policy) to take “status triggers” in both peer groups seriously.Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013). Learn more about your ad choices. Visit megaphone.fm/adchoices