New Books in Law

Judith Surkis's Sex, Law, and Sovereignty in French Algeria, 1830-1930 (Cornell UP, 2019) traces the intersection of colonialism, law, land expropriation, sex, gender, and family during the century after the French conquest of Algeria in 1830. Seeking to assimilate Algerian land while differentiating Algerian Muslims from European settlers, colonial authorities developed a system that confined Muslim law to family matters while subjecting Algerian property to French Civil law. Securing and extending French sovereignty over Algeria, this system deprived Algerian Muslims of full citizenship rights while reinforcing French colonial authority.Sex, Law, and Sovereignty is a rigorous and provocative critical "history of the present" that illuminates the persistence of the "Muslim question" in contemporary France. In chapters focused on polygamy, repudiation, and child marriage, the book traces the ways that the French fantasies of the family, including the sexualization of Muslim women and a preoccupation with the sexual "excesses" of Muslim men, found expression in legislation that segregated the legal control of property from the regulation of bodies, beliefs, and personhood. A fascinating genealogy that understands colonial law and the problem of difference within a broader cultural field, the book is an impressive, compelling analysis with striking resonances for a Franco-Algerian present still shaped by the legacies of the colonial past.Roxanne Panchasi is an Associate Professor of History at Simon Fraser University in Vancouver, Canada who specializes in twentieth and twenty-first century France and its empire. If you have a recent title to suggest for the podcast, please send her an email (panchasi@sfu.ca). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his majestic and magisterial new book Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Hanafi Jurisprudence (Oxford UP, 2020), Samy Ayoub examines and demonstrates the entanglement of Islamic law and imperial political authority in the early modern period. Focused on the incorporation of Ottoman imperial authority and edicts in the late Hanafi jurisprudential tradition, this brilliant book interrupts and questions widely held assumptions about the separation between the domains of imperial politics and the Islamic legal tradition in the premodern period. The strength of this book lies in the way it provides a meticulous and dazzling intellectual history of the Hanafi legal tradition showing its internal dynamism and nuanced forms of reasoning while constantly connecting that intellectual history to broader theoretical questions about the interaction of law, juridical authority, and empire. Combining philological rigor with razor sharp conceptual dexterity, this book fundamentally reorients our understanding of the relationship between law and politics in Islamic thought and history. This lucidly written book, populated by a series of helpful tables and charts, will also be a delight to teach in advanced undergraduate and graduate seminars on a range of topics.SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His book Defending Muhammad in Modernity (University of Notre Dame Press, 2020) received the American Institute of Pakistan Studies 2020 Book Prize. His other academic publications are available here. He can be reached at sherali.tareen@fandm.edu. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Animals as Legal Beings: Contesting Anthropocentric Legal Orders (University of Toronto Press, 2021), Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness."In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems.Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy.Akash Ondaatje is a historical researcher focusing on the interconnected lives of humans and animals. He studied at McGill University (B.A. History) and Queen’s University (M.A. History), where he researched human-animal relations and transatlantic exchanges in eighteenth-century British culture through his thesis, Animal Ascension: Elevation and Debasement Through Human-Animal Associations in English Satire, 1700-1820 (https://qspace.library.queensu.ca/handle/1974/27991). Contact: 17amo2@queensu.ca Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this richly observed account of migrant shopkeepers in five cities in the United Kingdom, Suzanne Hall examines the brutal contradictions of sovereignty and capitalism in the formation of street livelihoods in the urban margins. Hall locates The Migrant's Paradox: Street Livelihoods and Marginal Citizenship in Britain (University of Minnesota Press, 2021) on streets in the far-flung parts of de-industrialized peripheries, where jobs are hard to come by and the impacts of historic state underinvestment are deeply felt.Drawing on hundreds of in-person interviews on streets in Birmingham, Bristol, Leicester, London, and Manchester, Hall brings together histories of colonization with current forms of coloniality. Her six-year project spans the combined impacts of the 2008 financial crisis, austerity governance, punitive immigration laws and the Brexit Referendum, and processes of state-sanctioned regeneration. She incorporates the spaces of shops, conference halls, and planning offices to capture how official border talk overlaps with everyday formations of work and belonging on the street.Original and ambitious, Hall’s work complicates understandings of migrants, demonstrating how migrant journeys and claims to space illuminate the relations between global displacement and urban emplacement. In articulating “a citizenship of the edge” as an adaptive and audacious mode of belonging, she shows how sovereignty and inequality are maintained and refuted.Suzanne M. Hall is associate professor of sociology at the London School of Economics and Political Science, where she codirects the Cities Programme. She is the author of City, Street and Citizen: The Measure of the Ordinary and co-editor of The Sage Handbook of the 21st Century City.Alize Arıcan is an incoming Postdoctoral Fellow at Rutgers University's Center for Cultural Analysis. She is an anthropologist whose research focuses on urban renewal, futurity, care, and migration in Istanbul, Turkey. Her work has been featured in Current Anthropology, City & Society, Radical Housing Journal, and entanglements: experiments in multimodal ethnography. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I talked to Nelson Johnson about his new book Darrow's Nightmare: The Forgotten Story of America's Most Famous Trial Lawyer (Rosetta Books, 2021)In 1911 the 26-year-span in which Clarence Darrow took on capital punishment, advocated for civil rights, and handled the Scopes trial was still before him. Those accomplishments might never have happened if he hadn’t survived two torturous years in Los Angeles. First, he sought to settle the case of labor activists bombing the Los Angeles Times building and killing 20 people. Then, Darrow on trial himself on charges of having tried to bribe a prospective juror in the LA Times case. Up against Darrow was the power structure of L.A. On Darrow’s side, was his wife and two brilliant attorneys, one of whom later drank himself to death (Earl Rogers) and another who was later committed to a mental institution (Horace Appel). In between, all sorts of legal and extra-legal connivances took place as touched on in this episode.Nelson Johnson is a retired N. J. Superior Court Judge who practiced law for 30 years prior to serving on the bench. Early in his career he represented the Atlantic City Planning Board. That experience resulted in “Boardwalk Empire,” which inspired the HBO series.Dan Hill, PhD, is the author of eight books and leads Sensory Logic, Inc. (https://www.sensorylogic.com). To check out his related blog, visit https://emotionswizard.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nate Holdren is the author of Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era, published by Cambridge University Press in 2020. Injury Impoverished looks at the history of U.S. workplace injuries in the late-19th and early-20th Centuries. As the workers, employers, and reformers attempted to tackle the drastically high rates of workplace injuries and deaths, the nation passed a number of compensation laws that fundamentally changed how the law approached workplace injuries. Holdren, in examining this history illustrates the many shortcomings of these laws, and how laws meant to help employees were often used to do the exact opposite. At the heart of Holdren’s study is whether or not the economy and the legal system was interested in and able to do justice for a workers.Dr. Holdren is an Assistant Professor at Drake University.Derek Litvak is a PhD candidate at the University of Maryland—College Park. His dissertation, "The Specter of Black Citizens: Race, Slavery, and Citizenship in the Early United States," examines how citizenship was used to both bolster the institution of slavery and exclude Black Americans from the body politic. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Eve Rosen's The Voucher Promise: 'Section 8' and the Fate of an American Neighborhood (Princeton UP, 2020) examines the Housing Voucher Choice Program, colloquially known as "Section 8," and the effect of the program on low-income families living in Park Heights in Baltimore. In a new era of housing policy that hopes to solve poverty with opportunity in the form of jobs, social networks, education, and safety, the program offers the poor access to a new world: safe streets, good schools, and well-paying jobs through housing vouchers. The system should, in theory, give recipients access to housing in a wide range of neighborhoods, but in The Voucher Promise, Rosen examines how the housing policy, while showing great promise, faces critical limitations. Rosen spent over a year living in a Park Heights neighborhood, getting to know families, accompanying them on housing searches, spending time on front stoops, and learning about the history of the neighborhood and the homeowners who had settled there decades ago. She examines why, when low-income renters are given the opportunity to afford a home in a more resource-rich neighborhood, they do not relocate to one, observing where they instead end up and other opportunities housing vouchers may offer them.Richard E. Ocejo is associate professor of sociology at John Jay College and the Graduate Center of the City University of New York (CUNY). He is the author of Masters of Craft: Old Jobs in the New Urban Economy (Princeton University Press, 2017), about the transformation of low-status occupations into cool, cultural taste-making jobs (cocktail bartenders, craft distillers, upscale men’s barbers, and whole animal butchers), and of Upscaling Downtown: From Bowery Saloons to Cocktail Bars in New York City (Princeton University Press, 2014), about growth policies, nightlife, and conflict in gentrified neighborhoods.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Professor Wayne Hudson knows a lot - a whole lot - about religion and society. In Australian Jurists and Christianity (The Federation Press, 2021) Wayne, as co-editor, assembles a collection of biographical essays providing new perspectives on the relationship between law and religion in Australia. It claims that the relationship between law and religion was more significant in Australia than has been suggested. Specifically, it suggests that Christianity was a significant influence on Australian jurists, both as public figures and as makers of Australian law.The work includes case studies of 24 leading Australian jurists: Lachlan Macquarie, James Stephen, Richard Bourke, John Hubert Plunkett, George Higinbotham, Samuel Griffith, Inglis Clark, Henry Bournes Higgins, Alfred Deakin, Edith Cowan, Lord Atkin, Robert Menzies, WJV Windeyer, Roma Mitchell, Gough Whitlam, Ron Wilson, Christopher Weeramantry, Gerard Brennan, William Deane, Robin Sharwood, Eddie Mabo, Murray Gleeson, Michael Kirby and John Hatzistergos.This volume forms part of the international series Great Christian Jurists produced under the auspices of the Center for the Study of Law and Religion at Emory University and includes a foreword by Australia’s renowned legal historian, Bruce Kercher.Professor Wayne Hudson - Research Professor at Charles Sturt University, Canberra and Adjunct Professor at the University of Tasmania, and a visiting fellow at the Australian National University.  Working across the fields of philosophy, history, politics and religion, he has published twenty-four books and eighty-four refereed articles and book chapters, and has won twenty-five research grants. He has lectured at Oxford University, the Collège international de philosophie in Paris, McGill University in Canada, and at Beijing Foreign Studies University and the Institute of Law of the Chinese Academy of Social Sciences. Bede Haines is a solicitor, specialising in litigation and a partner at Holding Redlich, an Australian commercial law firm. He lives in Sydney, Australia. Known to read books, ride bikes and eat cereal (often). bede.haines@holdingredlich.com Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

According to an intuitive view, those who commit crimes are justifiably subject to punishment. Depending on the severity of the wrongdoing constitutive of the crime, punishment can be severe: incarceration, confinement, depravation, and so on. The common thought is that in committing serious crimes, persons render themselves deserving of punishment by the State. Punishment, then, is simply a matter of giving offenders their just deserts. Call this broad view retributivism. What if retributivism’s underlying idea of desert is fundamentally confused? What if persons lack the kind of free will that would make them deserving of punishment in the sense that retributivism requires?This is the central question of Gregg Caruso’s new book, Rejecting Retributivism: Free Will, Punishment, and Criminal Justice (Cambridge, 2021). After arguing against the idea that persons can be deserving of punishment in the retributivist’s sense, Caruso develops an alternative approach to criminal behavior that he called the Public-Health Quarantine Model. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Lydia Harvey was meant to disappear. She was young and working class; she'd walked the streets, worked in brothels, and had no money of her own. In 1910, politicians, pimps, policemen and moral reformers saw her as just one of many 'girls who disappeared'. But when she took the stand to give testimony at the trial of her traffickers, she ensured she'd never be forgotten.In The Disappearance of Lydia Harvey: A True Story of Sex, Crime and the Meaning of Justice (Profile Books, 2021), historian Julia Laite traces Lydia's extraordinary life from her home in New Zealand to the streets of Buenos Aires and safe houses of London. She also reveals the lives of international traffickers Antonio Carvelli and his mysterious wife Marie, the policemen who tracked them down, the journalists who stoked the scandal, and Eilidh MacDougall, who made it her life's mission to help women who'd been abused and disbelieved.Together, they tell an immersive story of crime, travel and sexual exploitation, of lives long overlooked and forgotten by history, and of a world transforming into the 20th centuryPamela Fuentes is an Assistant Professor in the Women’s and Gender Studies Department at Pace University-NYC campus. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law