New Books in Law

Explores the relationship between the production of enslaved property and the production of the past in the antebellum United States. It is extraordinarily difficult for historians to reconstruct the lives of individual enslaved people. Records--where they exist--are often fragmentary, biased, or untrue. In Enslaved Archives: Slavery, Law, and the Production of the Past (Johns Hopkins UP, 2024), Maria R. Montalvo investigates the legal records, including contracts and court records, that American antebellum enslavers produced and preserved to illuminate enslavers' capitalistic motivations for shaping the histories of enslaved people. The documentary archive was not simply a by-product of the business of slavery, but also a necessary tool that enslavers used to exploit the people they enslaved. Building on Montalvo's analysis of more than 18,000 sets of court records, Enslaved Archives is a close study of what we can and cannot learn about enslaved individuals from the written record. By examining five lawsuits in Louisiana, Montalvo deconstructs enslavers' cases--the legal arguments and rhetorical strategies they used to produce information and shape perceptions of enslaved people. Commodifying enslaved people was not simply a matter of effectively exploiting their labor. Enslavers also needed to control information about those people. Enslavers' narratives--carefully manipulated, prone to omissions, and sometimes false--often survive as the only account of an enslaved individual's life. In working to historicize the people at the center of enslavers' manipulations, Montalvo outlines the possibilities and limits of the archive, providing a glimpse of the historical and contemporary consequences of commodification. Enslaved Archives makes a significant intervention in the history of enslaved people, legal history, and the history of slavery and capitalism by adding a qualitative dimension to the analysis of how enslavers created and maintained power. 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, New Books Network Host Nina Bo Wagner speaks with Karen Bartlett about The Escape From Kabul: A True Story of Sisterhood and Defiance (The New Press and Duckworth, 2025). The book follows Afghan women judges who fought for justice in the courtroom, then fought to escape with their lives. Across twenty years of U.S.-backed government, Afghan women obtained legal degrees, became judges, and set out to transform their country. Their work, however, posed an existential threat to everything the Taliban believed in. When the United States withdrew in August 2021, the women judges of Afghanistan faced mortal danger. Journalist Karen Bartlett goes beyond their escape, and talks about the Afghan women judges’ backgrounds, the cases they were tie breakers on, and the importance of the international network of women judges who helped them evacuate in 2021. Bartlett critiques the abandonment of Afghanistan by the West, and warns people not to normalise or be complacent to the Taliban regime which is still strongly opposed within the country. She also calls for the international community to take accountability for women judges who are still left in limbo or trapped in Afghanistan. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Brendan A. Shanahan, a Yale University lecturer specializing in U.S. and Canadian history, delves into the intricate relationship between nativist politics and citizenship rights from 1865 to 1965. He reveals how state laws shaped voting rights and political representation for non-citizens, particularly in the face of nativist opposition. Shanahan also discusses the ramifications of the 1907 Expatriation Act on women's citizenship and how historical immigration laws intertwine with modern issues of inclusion and rights, underscoring their lasting impact on today's political landscape.

We often think of censorship as governments removing material or harshly punishing people who spread or access information. But Margaret E. Roberts’ new book Censored: Distraction and Diversion Inside China’s Great Firewall (Princeton University Press, 2020) reveals the nuances of censorship in the age of the internet.She identifies 3 types of censorship: fear (threatening punishment to deter the spread or access of information); friction (increasing the time or money necessary to access information); and flooding (publishing information to distract, confuse, or dilute). Roberts shows how China customizes repression by using friction and flooding (censorship that is porous) to deter the majority of citizens whose busy schedules and general lack of interest in politics make it difficult to spend extra time and money accessing information. Highly motivated elites (e.g. journalists, activists) who are willing to spend the extra time and money to overcome the boundaries of both friction and flooding meanwhile may face fear and punishment. The two groups end up with very different information – complicating political coordination between the majority and elites.Roberts’s highly accessible book negotiates two extreme positions (the internet will bring government accountability v. extreme censorship) to provide a more nuanced understanding of digital politics, the politics of repression, and political communication. Even if there is better information available, governments can create friction on distribution or flood the internet with propaganda. Looking at how China manages censorship provides insights not only for other authoritarian governments but also democratic governments. Liberal democracies might not use fear but they can affect access and availability – and they may find themselves (as the United States did in the 2016 presidential election) subject to flooding from external sources. The podcast includes Roberts’ insights on how the Chinese censored information on COVID-19 and the effect that had on the public.Foreign Affairs named Censored one of its Best Books of 2018 and it was also honored with the Goldsmith Award and the Best Book in Human Rights Section and Information Technology and Politics section of the American Political Science Association.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/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Law and Development: Theory and Practice, 2nd edition (Routledge, 2021) examines the theory and practice of law and development. It introduces the General Theory of Law and Development, an innovative approach which explains the mechanisms by which law impacts development. This book analyzes the process of economic development in South Korea, South Africa, and the United States from legal and institutional perspectives. The book also explains why the concept of "development" is not only relevant to developing countries but to developed economies as well. The new edition includes five new chapters addressing the relationships between law and economic development in several key areas, including property rights, political governance, business transactions, state industrial promotion, and international trade and development. This interview covers the main themes of this book, covers some of his papers, the relationship of his work to other scholars, and serves as a foundation for understanding Dr. Lee’s work more broadly. His latest book, Sustainable Peace in Northeast Asia will be the subject of a second interview. Yong-Shik Lee is a scholar in law and development, and is currently Director of the Law and Development Institute and a Professor at West Virginia University. Dr. Lee graduated in economics from the University of California at Berkeley and received law degrees from the University of Cambridge. Previous books include Reclaiming Development in the World Trading System; Microtrade: A New System of Trade Toward Poverty Elimination; Law and Development Perspective on International Trade Law; and Safeguard Measures in World Trade: The Legal Analysis. His latest book, Sustainable Peace in Northeast Asia, was published by Anthem Press. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oceanic Studies. An interdisciplinary podcast that examines the past, present, and future of ocean governance  In 1609, the Dutch lawyer Hugo Grotius rejected the idea that even powerful rulers could own the oceans. "A ship sailing through the sea," he wrote, "leaves behind it no more legal right than it does a track." A philosophical and legal battle ensued, but Grotius's view ultimately prevailed. To this day, "freedom of the seas" remains an important legal principle and a powerful rhetorical tool.Yet in recent decades, freedom of the seas has eroded in multiple ways and for a variety of reasons. During the world wars of the 20th century, combatants imposed unprecedented restrictions on maritime commerce, leaving international rules in tatters. National governments have steadily expanded their reach into the oceans. More recently, environmental concerns have led to new international restrictions on high seas fishing. Today's most dangerous maritime disputes-including China's push for control of the South China Sea-are occurring against the backdrop of major changes in the way the world treats the oceans. As David Bosco shows in The Poseidon Project: The Struggle to Govern the World's Oceans (Oxford UP, 2021), the history of humanity's attempt to create rules for the oceans is alive and relevant. Tracing the roots of the law of the sea and the background to current maritime disputes, he shows that building effective ocean rules while preserving maritime freedoms remains a daunting task. Bosco analyzes how fragile international institutions and determined activists are struggling for relevance in a world still dominated by national governments. As maritime tensions develop, The Poseidon Project will serve as an essential guide to the continuing challenge of ocean governance. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Lindsey N. Kingston’s new book, Fully Human: Personhood, Citizenship, and Rights (Oxford UP, 2019) interrogates the idea of citizenship itself, what it means, how it works, how it is applied and understood, and where there are clear gaps in that application. This is a wide-ranging, rigorously researched examination of citizenship, statelessness, and human movement. And it is vitally relevant to contemporary discussions of immigration, supranationalism, understandings of national borders, and concepts of belonging. Not only does Kingston delve into theoretical concepts of citizenship and statelessness, she also integrates analyses of various kinds of hierarchies of personhood in context of these broader issues. The research also includes explorations of nomadic people, indigenous nations, and "second class" citizens in the United States within this theoretical framework of citizenship and statelessness. This careful and broad analysis defines the novel idea of ‘functional citizenship’, which is both theoretical and practical in considering citizenship and statelessness in our modern world. Fully Human focuses on the promises and protections that are outlined in the 1948 Universal Declaration of Human Rights, unpacking the protection gaps and difficulties that have become clearer and more acute in this era of globalization and security concerns, and highlighting some of the key problems with the current human rights regimes that are in place. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

South Asia, the British Empire, and the Rise of Classical Legal Thought: Toward a Historical Ontology of the Law (Oxford UP, 2024) considers the legal history of colonial rule in South Asia from 1757 to the early 20th century. It traces a shift in the conceptualization of sovereignty, land control, and adjudicatory rectification, arguing that under the East India Company the focus was on 'the laws' factoring into the administration of justice more than 'the law' as an infinitely generative norm system. This accompanied a discourse about rendering property 'absolute' defined in terms of a certainty of controlling land's rent-and made administrable mainly as a duty of revenue payment--rather than any right of ostensibly physical dominion. Leaving property external to its ontology of 'the laws, ' the Company's regime thus differed significantly from its counterparts in the Anglo-common-law mainstream, where an ostensibly unitary, physical, and disaggregable notion of the property right was becoming a stand in for a notion of legal right in general already by the late 18th century. Only after 1858, under Crown rule, did conditions in the subcontinent ripen for 'the law' to emerge as a purportedly free-standing institutional fact. A key but neglected factor in this transformation was the rise of classical legal thought, which finally enabled property's internalization into 'the law' and underwrote status and contract becoming the other key elements of the Raj's new legal ontology. Formulating a historical ontological approach to jurisprudence, the book deploys a running distinction between the doctrinal discourse of (the) law and ordinary-language discourse about (the) law that carries implications for legal theory well beyond South Asia. Arighna Gupta is a doctoral candidate in history at the University of Michigan, Ann Arbor. His dissertation attempts to trace early-colonial genealogies of popular sovereignty located at the interstices of monarchical, religious, and colonial sovereignties in India and present-day Bangladesh. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Steve Luxenberg has created an unusual history of the famous Supreme Court case Plessy v. Ferguson and the 19th century’s segregationist practices in his book Separate: The Story of Plessy v. Ferguson, and America’s Journey from Slavery to Segregation (Norton, 2019)  It is unusual because it is chiefly an ensemble biography of Henry Brown, John Marshall Harlan, and Albion Tourgee, three men intimately connected with the Plessy case.  The book covers the Antebellum period youth of the three men, each from a different part of the young nation and each encountering freedmen, slaves, and the institution of slavery in different social and political contexts.  We follow these men through the Civil War, Reconstruction, and the post-Reconstruction period leading up to the Plessy decision.  The Plessy case helped solidify official, state-enforced segregationist practices throughout the United States.  It made the now-infamous phrase “separate but equal” a constitutional doctrine that was the law of the land until the 1950s and 1960s.Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Slavery's Fugitives and the Making of the United States Constitution (LSU Press, 2024) unearths a long-hidden factor that led to the Constitutional Convention in 1787. While historians have generally acknowledged that patriot leaders assembled in response to postwar economic chaos, the threat of popular insurgencies, and the inability of the states to agree on how to fund the national government, Timothy Messer-Kruse suggests that scholars have discounted Americans' desire to compel Britain to return fugitives from slavery as a driving force behind the convention. During the Revolutionary War, British governors offered freedom to enslaved Americans who joined the king's army. Thousands responded by fleeing to English camps. After the British defeat at Yorktown, American diplomats demanded the surrender of fugitive slaves. When British generals refused, several states confiscated Loyalist estates and blocked payment of English creditors, hoping to apply enough pressure on the Crown to hand over the runaways. State laws conflicting with the 1783 Treaty of Paris violated the Articles of Confederation--the young nation's first constitution--but Congress, lacking an executive branch or a federal judiciary, had no means to obligate states to comply. The standoff over the escaped slaves quickly escalated following the Revolution as Britain failed to abandon the western forts it occupied and took steps to curtail American commerce. More than any other single matter, the impasse over the return of enslaved Americans threatened to hamper the nation's ability to expand westward, develop its commercial economy, and establish itself as a power among the courts of Europe. Messer-Kruse argues that the issue encouraged the founders to consider the prospect of scrapping the Articles of Confederation and drafting a superseding document that would dramatically increase federal authority--the Constitution. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law