New Books in Law

What does the 'rule of law' really mean in China? How does it shape the country’s politics, both at home and on the world stage? And why should it matter to the rest of us when universal norms are being challenged? Dr. Tabita Rosendal from the Centre for East and South-East Asian Studies at Lund University, talks to Dr. Martin Lavicka, a scholar of Chinese studies, about his latest project on the rule of law in the Chinese context. Dr. Martin Lavicka is a visiting research fellow at the Department of History and the Centre of East and South-East Asian Studies, Lund University. Martin is the PI of the project CLAW: Chinese Conceptualisation of the Rule of Law: Challenges for the International Legal Order. Martin’s research has been supported by the OP JAC Project “MSCA Fellowships at Palacký University II.” CZ.02.01.01/00/22_010/0006945 at Palacký University Olomouc, Czech Republic. Episode producer: Julia Olsson Links: ResearchGate profile AcademiaEdu profile Martin’s latest article “Rule of Law with Chinese Characteristics: A Contested Landscape” The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the following academic partners: Asia Centre, University of Tartu (Estonia) Asian studies, University of Helsinki (Finland) Centre for Asian Studies, Vytautas Magnus University (Lithuania) Centre for East and South-East Asian Studies, Lund University (Sweden) Centre for East Asian Studies, University of Turku (Finland) Norwegian Network for Asian Studies This podcast was recorded in May 2025 in the wonderful podcast studio at Altitude, Collab Arena in The Loop. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode, host Alex Batesmith sits down with Dr Rachel Killean and Dr Lauren Dempster to discuss their groundbreaking new book, Green Transitional Justice (Routledge, 2025). The conversation explores the urgent need to rethink transitional justice (TJ) in light of the environmental crises facing post-conflict societies. Dr Killean and Dr Dempster begin by explaining what drew them to the intersection of TJ and environmental harm. Their book emerges from a shared concern that traditional TJ mechanisms—designed to address human rights violations in post-conflict settings—have largely ignored the profound and lasting harms inflicted on Nature. They deliberately use the term “harms against Nature” to signal a shift away from anthropocentric language and to foreground the agency and value of the natural world. The book is structured around four major critiques of the TJ field. First, the authors argue that knowledge production in TJ is shaped by Eurocentric and neocolonial perspectives, often marginalising Indigenous and feminist epistemologies. They advocate for a more inclusive approach that recognises lived experience, interconnectivity, and the importance of naming environmental harm. Second, they critique the dominance of “anthropocentric legalism” in TJ—where legal frameworks and human rights discourses prioritise human victims and overlook ecological damage. This, they argue, limits the field’s ability to respond meaningfully to environmental destruction. The third critique addresses how TJ mechanisms often leave structural inequalities intact. Concepts like “slow violence” and “crimes of the powerful” help illuminate how environmental harms are ongoing and systemic, not just episodic. The authors call for a shift toward transformative environmental justice, drawing on thinkers like Nancy Fraser to propose a model that includes redistribution, recognition, and representation. Finally, the book challenges the neoliberal underpinnings of TJ, particularly its alignment with economic growth and extractivism. Instead, Killean and Dempster explore alternative worldviews—buen vivir, Ubuntu, and ecological swaraj—that offer more holistic, communitarian approaches to justice. In closing, the authors outline six guiding principles for “greening” TJ, including decolonising justice, recognising non-human victimhood, and rejecting neoliberal inevitability. While acknowledging the challenges of such a radical reimagining, they remain hopeful that the field can evolve to meet the intertwined needs of people and planet. Alex Batesmith is an Associate Professor in Legal Professions in the School of Law at the University of Leeds, and a former barrister and UN war crimes prosecutor. His University of Leeds profile page can be found here Bluesky: @batesmith.bsky.social LinkedIn: https://www.linkedin.com/in/batesmith/ His recent publications include: ‘“Closeted” Cause Lawyers in Authoritarian Cambodia’ (with Kieran McEvoy) Law and Society Review (2025) 1-33 DOI:10.1017/lsr.2025.29 (open access) “Cambodia and the progressivist ‘imaginary’: The limitations of international(ised) criminal tribunals as mechanisms for implementing human rights” in Louisa Ashley and Nicolette Butler (eds), The Incoherence of Human Rights in International Law: Absence, Emergence and Limitations (Routledge, 2024 ISBN13: 978-1-032638-03-4) “‘Poetic Justice Products’: International Justice, Victim Counter-Aesthetics, and the Spectre of the Show Trial” in Christine Schwöbel-Patel and Rob Knox (eds) Aesthetics and Counter-Aesthetics of International Justice (Counterpress, 2024 ISBN 978-1-910761-17-5) "Lawyers who want to make the world a better place – Scheingold and Sarat’s Something to Believe In: Politics, Professionalism, and Cause Lawyering" in D. Newman (ed.) Leading Works on the Legal Profession (Routledge, July 2023), ISBN 978-1-032182-80-3) Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Pakistani women are increasingly pursuing legal avenues against acts of domestic violence. Their claims, however, are often dismissed through character allegations that label them as 'bad' women in need of control, or 'mad' women not to be trusted. Domestic Violence in Pakistan: The Legal Construction of 'Bad' and 'Mad' Women (Oxford University Press, 2025) by Dr. Daanika Kamal explores why the subjectivities of women victims are constructed in particular ways, and how these subjectivities are captured and negotiated in the Pakistani legal system.Drawing on feminist poststructuralist accounts relating to the use of gendering strategies in institutional and disciplinary settings and based on an analysis of over a hundred case files and judgements, seventy-two interviews, and court observations in three cities of Pakistan, this book shadows the experiences of women victims of domestic violence in both criminal law and family law proceedings. It captures and offers empirical insights in relation to gendered subject formation in discursive spaces; ranging from the use of societal narratives that minimise and silence women's harms, to the deployment of police mechanisms that assist in maintaining the 'secrecy' of familial violence, and the application and enactment of boilerplate lawyerly strategies to present alternative legal 'truths.'Amidst regulations of the public versus the private and understandings of rights versus duties, Domestic Violence in Pakistan explores how these practices construct the victim-subject of domestic violence in a way that not only subjectivise her, but also secure her within the field of that subjectification; setting her up to be viewed by the judiciary through the lens of the allegations applied to her. This interview was conducted by Dr. Miranda Melcher whose book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. You can find Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the popular imagination, lethal injection is a slight pinch and a swift nodding off to forever-sleep. It is performed by well-qualified medical professionals. It is regulated and carefully conducted. And it provides a “humane” death. In reality, however, not one of those things is true. Secrets of the Killing State: The Untold Story of Lethal Injection (NYU Press, 2025) presents the view of lethal injection that states have worked hard to hide. The story told here is bigger than the executions themselves. Fake science, torturous drugs, inept executioners, prison problems, and decades of state secrecy have created an execution method hard-wired to go wrong in countless ways.The story of lethal injection is a story of gross incompetence, law breaking, torturous deaths, and a stunning indifference to the way in which human beings die at the hands of the state. These are the secrets of the killing state—all that we know from litigation files, scientific studies, investigative journalism, autopsy reports, interviews, and scholarship across a number of fields. Death penalty expert Corinna Barrett Lain uses this groundbreaking journey into the dark reality of lethal injection to shine a light on the American death penalty more broadly and show that the state at its most powerful moment is also the state at its worst. Our guest is: Professor Corinna Barrett Lain, who is S. D. Roberts & Sandra Moore Professor of Law at University of Richmond School of Law. Our host is: Dr. Christina Gessler, who is the producer of the Academic Life podcast. Playlist for listeners: The Journal of Higher Education in Prison Hands Up, Don't Shoot Freemans Challenge Carceral Apartheid Stitching Freedom Education Behind The Wall A Conversation About The Emerson Prison Initiative Teaching About Race and Racism in the College Classroom Welcome to Academic Life, the podcast for your academic journey—and beyond! You can support the show by downloading and sharing episodes. Join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 250+ Academic Life episodes? Find them here. And thank you for listening! Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For centuries, Jewish thinkers have asked two parallel questions. First, what is the reasoning behind an individual commandment and second, why bother heeding a command at all, something Dr. Brafman terms “reasons for” vs “reasons of” the commandments. In his newest book, Critique of Halakhic Reason: Divine Commandments and Social Normativity (Oxford UP, 2024), Dr. Brafman looks closely at the second of these questions. After considering answers from some of the most important Jewish thinkers of the 20th century, Joseph Soloveitchik, Yeshayahu Leibowitz, and Eliezer Berkovits, Dr. Brafman introduces his own system of thought. For him, the reasons for the commandments depend on a number of factors. We don’t follow them blindly. And they don’t always have to adhere to perfect and pure reason. Instead they are, to use a term he employs throughout is book, “constructed” based on any number of factors including our relationship with God and the norms that exist within our society. In conversation with some of the most important secular legal theorist and philosophers of the past 100 years, Dr Brafman charts a new course in Jewish theology, both defending and reimagining the place of our obligation to halakhah, Jewish law, for the 21st century. Professor Yonatan Brafman is Associate Professor of Modern Judaism in the Department of Religion, with a secondary appointment in the Department of Literary and Cultural Studies at Tufts University. Rabbi Marc Katz is the Senior Rabbi at Temple Ner Tamid in Bloomfield, NJ. He is most recently the author of Yochanan’s Gamble: Judaism’s Pragmatic Approach to Life (JPS) Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Tax havens in offshore lands like Switzerland, the Cayman Islands and the Bahamas were once considered a rarity, the preserve of the super-rich. Today, they are big business available to the masses. Their goal? To avoid any form of accountability. Own nothing. Possess everything. Be answerable to no one. Where are these tax havens? What forms can they take? What future lies in store for them, and why should we care? An Anatomy of Tax Havens: Europe, the Caribbean and the United States of America (de Gruyter, 2023) answers these questions, and more, in the first comparative study in one volume of European, Caribbean and United States tax havens. It examines their simple origin to the extreme forms some take today, delving into the murky subculture that has deliberately made them impenetrably obscure. Uniquely, it combines detailed technical expertise (regulatory regimes, financial crime, legal and equitable structuring) with an analysis of their impact on domestic and global political, economic, environmental and social concerns. An Anatomy of Tax Havens is a fascinating, informative read for a broad readership; from legal, accountancy and tax practitioners to compliance regulators, law enforcement agencies, and students and researchers interested in business studies, taxation, and crime. Paul R. Beckett is a Lawyer and Academic, specializing in company, commercial and trust law; banking and fund management; cryptocurrencies and the blockchain. He practices on the Isle of Man. Caleb Zakarin is editor of the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Learning to Lead: Undocumented Students Mobilizing Education (Duke University Press, 2024), Jennifer R. Nájera explores the intersections of education and activism among undocumented students at the University of California, Riverside. Taking an expansive view of education, Nájera shows how students’ experiences in college—both in and out of the classroom—can affect their activism and advocacy work. Students learn from their families, communities, peers, and student and political organizations. In these different spaces, they learn how to navigate community and college life as undocumented people. Students are able to engage campus organizations where they can cultivate their leadership skills and—importantly—learn that they are not alone. These students embody and mobilize their education through both large and small political actions such as protests, workshops for financial aid applications, and Know Your Rights events. As students create community with each other, they come to understand that their individual experiences of illegality are part of a larger structure of legal violence. This type of education empowers students to make their way to and through college, change their communities, and ultimately assert their humanity. Jennifer R. Nájera is Associate Professor of Ethnic Studies at the University of California, Riverside. David-James Gonzales (DJ) is Assistant Professor of History at Brigham Young University. He is a historian of migration, urbanization, and social movements in the U.S., and specializes in Latina/o/x politics and social movements. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What does it mean to be British? To answer this, Multiracial Britishness: Global Networks in Hong Kong, 1910–45 (Cambridge UP, 2023) by Dr. Vivian Kong takes us to an underexplored site of Britishness – the former British colony of Hong Kong. Vivian Kong asks how colonial hierarchies, the racial and cultural diversity of the British Empire, and global ideologies complicate the meaning of being British. Using multi-lingual sources and oral history, Dr. Kong traces the experiences of multiracial residents in 1910-45 Hong Kong. Guiding us through Hong Kong's global networks, and the colony's co-existing exclusive and cosmopolitan social spaces, this book uncovers the long history of multiracial Britishness. Dr. Kong argues that Britishness existed in the colony in multiple, hyphenated forms – as a racial category, but also as privileges, a means of survival, and a form of cultural and national belonging. This book offers us an important reminder that multiracial inhabitants of the British Empire were just as active in the making of Britishness as the British state and white Britons. This interview was conducted by Dr. Miranda Melcher whose book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. You can find Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode, we sit down with Shaina Potts, author of Judicial Territory: Law, Capital, and the Expansion of American Empire (Duke University Press, 2024)—a groundbreaking book that reveals how U.S. courts have quietly become instruments of global economic governance. Drawing on legal geography and a sharp understanding of finance and political economy, Shaina uncovers how American judicial authority has extended beyond borders to discipline postcolonial states, enforce the primacy of private property, and protect the rights of foreign investors. This legal reach—what she calls judicial territory—has been a crucial, yet overlooked, pillar of U.S. empire and the liberal international order. The conversation unpacks how doctrines like foreign sovereign immunity and the act of state doctrine have enabled courts in New York and elsewhere to shape global capital flows, often treating foreign governments like private firms. Through detailed case studies—such as a startling instance where a U.S. court orders Ghana to seize an Argentine ship—we trace the long arc of legal imperialism from the Cold War through today’s multipolar tensions. We also ask: Could China or Russia create alternative legal geographies of power? What does the future hold for judicial authority in fields like tech regulation, climate, and global finance? GUEST BIO: Dr. Shaina Potts is an economic, legal, and political geographer and Associate Professor at UCLA. She focuses on the articulation of international political economy, geopolitics, and law. In the age of globalization, cross-border economic processes are often treated as placeless, ubiquitous flows, making nation-states and borders increasingly obsolete. Her work shows, in contrast, how transnational economic relations are inscribed in concrete and geographically specific legal and institutional practices and that states remain central to producing and governing this activity. Much of her research combines analyses of technical, economic, and legal processes with extensive historical and geopolitical contextualization to show how the perpetuation of North-South economic inequalities is shaped by the micro-operations of contracts, financial transactions, and law. A strand of her research focuses on financial geographies of sovereign debt, with a focus on debt crises in the Global South. More on Shaina and research is available here: https://geog.ucla.edu/person/shaina-potts/ LINKS TO RESOURCES: Judicial Territory: Law, Capital, and the Expansion of American Empire: https://dukeupress.edu/judicial-territory Long-form essay on Shaina Potts' Judicial Territory by Ilias Alami: https://journals.sagepub.com/doi/10.1177/0308518X251342660 The Spectre of State Capitalism by Ilias Alami and Adam Dixon: https://academic.oup.com/book/57552 Corporate Sovereignty Law and Government under Capitalism by Joshua Barkan - https://www.upress.umn.edu/9780816674275/corporate-sovereignty/ Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Unseen History of International Law (Oxford University Press, 2025) locates and describes almost one thousand surviving copies of the first nine editions of Hugo Grotius' De iure belli ac pacis (IBP) published between 1625 and 1650. Meticulously reconstructing the publishing history of these first nine editions and cataloguing copies across hundreds of collections, The Unseen History provides fundamental data for reconstructing the impact of IBP across time and space. The authors, Dr. Mark Somos, Dr. Matthew Cleary, Dr. Pablo Dufour, Dr. Edward Jones Corredera, and Dr. Emanuele Salerno, also examined annotations that thousands of owners and readers have left in IBP copies over four centuries, offering original insights into the development of international law.Grotius' De iure belli ac pacis has been commonly regarded as the foundation of modern international law since its first appearance in 1625. Most major international law scholars have engaged with IBP, often owning and richly annotating their own copies. At key moments - including the demise of the Holy Roman Empire, the fall of Napoleon, and the end of both world wars - IBP was reissued with new commentaries by multinational projects devoted to restarting the international order. Despite the enormous literature on IBP's reception and influence, we cannot fully understand its impact without uncovering the history of IBP as a physical object, with hundreds of thousands of unpublished annotations arguing or agreeing with the text, updating and adapting its contents.Approaching Grotius' seminal work as a physical vehicle of the author's, the publishers', owners', and readers' engagement, The Unseen History radically expands and revises our understanding not only of IBP, but also of the academic discipline and lived practice of modern international law over the last four centuries. In addition to delving into the first nine editions' printing history, descriptive bibliography, and both Grotius' and the publishers' marketing and donation strategies, the book explores Grotius' subsequent impact on pro-slavery and abolitionist litigation as a case study of how the census' original findings can be applied to specific areas of reception. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law