New Books in Law

The laws that govern psychiatric treatment under coercion have remain largely unchanged since the eighteenth century. But this is not because of their effectiveness, rather, these laws cling to outdated notions of disability, mental illness and mental disorder why deny the fundamental rights of this category of people on an equal basis with all others. In Men in White Coats: Treatment Under Coercion (Oxford University Press, 2017) Professor George Szmukler examines the violation of these rights, such as the right to autonomy, self-determination, liberty, and security and integrity of the person in the context of the domestic laws which themselves perpetuate ongoing discrimination against people with mental impairments.Tracing first the history of the medical coercion and involuntary treatment of people with mental illnesses and mental disorders, Professor Szmukler offers a potential path which he argues would end discrimination against this category of people. He puts forward a legal framework which is non-discriminatory and is based on a person's decision-making abilities and best interests, as opposed to a diagnosis. Crucially, he argues that this law is generic, and would not apply by reason of a person's mental disorder. His solution - Fusion Law - would better support people's autonomy, better engage with the Convention on the Rights of Persons with Disabilities, and have significant social value by recognising the dignity and equality of people with mental health impairments. It would also have implications for the forensics system, in particular, with regards to defendants who have mental disorders. Professor George Szmukler is a psychiatrist who started practising in the field as a trainee in 1972. He retired from clinical work in 2012, and is now an Emeritus Professor of Psychiatry and Society at the Institute of Psychiatry, Psychology and Neuroscience at King's college London. His major research now concerns methods of reducing compulsion and ’coercion’ in psychiatric care, for example, through the use of ’advance statements’. A related interest is mental health law, particularly the possibility of generic legislation centred on impaired decision-making capacity which would apply to all persons, regardless of the cause of the underlying disturbance of mental functioning. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Many people think prisons are all the same-rows of cells filled with violent men who officials rule with an iron fist. Yet, life behind bars varies in incredible ways. In some facilities, prison officials govern with care and attention to prisoners' needs. In others, officials have remarkably little influence on the everyday life of prisoners, sometimes not even providing necessities like food and clean water. Why does prison social order around the world look so remarkably different? In The Puzzle of Prison Order: Why Life Behind Bars Varies Around the World (Oxford UP, 2020), David Skarbek develops a theory of why prisons and prison life vary so much. He finds that how they're governed-sometimes by the state, and sometimes by the prisoners-matters the most. He investigates life in a wide array of prisons-in Brazil, Bolivia, Norway, a prisoner of war camp, England and Wales, women's prisons in California, and a gay and transgender housing unit in the Los Angeles County Jail-to understand the hierarchy of life on the inside. Drawing on economics and a vast empirical literature on legal systems, Skarbek offers a framework to not only understand why life on the inside varies in such fascinating and novel ways, but also how social order evolves and takes root behind bars. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

An elected politician is assassinated in the street by a terrorist associated with extreme political groups, and the national response is to encourage picnics. Thousands of people are held in prison-like conditions without judicial oversight or any time-limit on their sentence. An attempt to re-assert national sovereignty and borders leads thousands of citizens to register for dual citizenship with other countries, some overcoming family associations with genocide in their second country of nationality to do so.This is life in the UK today. How then are things still continuing as 'normal'? How can we confront these phenomena and why do we so often refuse to? What are the practices that help us to accommodate the unconscionable? How might we contend with the horrors that meet us each day, rather than becoming desensitized to them?Violent Ignorance: Confronting Racism and Migration Control (Zed Books, 2021) sets out to examine these questions through an understanding of how the past persists in the present, how trauma is silenced or reappears, and how we might reimagine identity and connection in ways that counter - rather than ignore - historic violence. In particular Hannah Jones shows how border controls and enforcement, and its corollary, racism and violence, have shifted over time. Drawing on thinkers from John Berger to Ben Okri, from Audre Lorde to Susan Sontag, the book questions what it means to belong, and discusses how hierarchies of belonging are revealed by what we can see, and what we can ignore. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Pirates and Publishers: A Social History of Copyright in Modern China (Princeton University Press, 2019) is a detailed historical look at how copyright was negotiated and protected by authors, publishers, and the state in late imperial and modern China. In Pirates and Publishers, Fei-Hsien Wang reveals the unknown social and cultural history of copyright in China from the 1890s through the 1950s, a time of profound sociopolitical changes. Wang draws on a vast range of previously underutilized archival sources to show how copyright was received, appropriated, and practiced in China, within and beyond the legal institutions of the state. Contrary to common belief, copyright was not a problematic doctrine simply imposed on China by foreign powers with little regard for Chinese cultural and social traditions. Shifting the focus from the state legislation of copyright to the daily, on-the-ground negotiations among Chinese authors, publishers, and state agents, Wang presents a more dynamic, nuanced picture of the encounter between Chinese and foreign ideas and customs. Developing multiple ways for articulating their understanding of copyright, Chinese authors, booksellers, and publishers played a crucial role in its growth and eventual institutionalization in China. These individuals enforced what they viewed as copyright to justify their profit, protect their books, and crack down on piracy in a changing knowledge economy. As China transitioned from a late imperial system to a modern state, booksellers and publishers created and maintained their own economic rules and regulations when faced with the absence of an effective legal framework. Exploring how copyright was transplanted, adopted, and practiced, Pirates and Publishers demonstrates the pivotal roles of those who produce and circulate knowledge.Fei-Hsien Wang is associate professor at the Department of History, Indiana University Bloomington. She is a historian of modern China, with a particular interest in how information, ideas, and practices were produced, transmitted, and consumed across different societies in East Asia. Her research has revolved around the relations between knowledge, commerce, and political authority after 1800. She is Associate Editor of the American Historical Review.Ghassan Moazzin is an Assistant Professor at the Hong Kong Institute for the Humanities and Social Sciences and the Department of History at the University of Hong Kong. He works on the economic and business history of 19th and 20th century China, with a particular focus on the history of foreign banking, international finance and electricity in modern China. His first book, tentatively titled Banking on the Chinese Frontier: Foreign Banks, Global Finance and the Making of Modern China, 1870–1919, is forthcoming with Cambridge University Press. 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

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 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

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

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

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