New Books in Law

This episode of Ethnographic Marginalia features Dr. Leslie MacColman, a Postdoctoral Scholar in Sociology at The Ohio State University who studies crime and policing in Latin America. Leslie explains how extensive experiences with civil society organizations inspired her move to academia while continuing to inform her research. She then describes research on police reform in Buenos Aires and how a project that centered police experiences grew to include government officials, activists, sex workers, and homeless teens. Leslie tells us how her identity as an American woman affected the way her participants related to her, and how her responsibilities as a mother affected the kind of fieldwork she could do. Finally, she reflects on how recent calls for police reform in the US have affected how her own research is understood. 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 an American? The story of the African American past demonstrates the difficulty of answering this seemingly simple question. If being "American" means living in a land of freedom and opportunity, what are we to make of those Americans who were enslaved and who have suffered from the limitations of second-class citizenship throughout their lives? African American history illuminates the United States' core paradoxes, inviting profound questions about what it means to be an American, a citizen, and a human being.Jonathan S. Holloway's The Cause of Freedom: A Concise History of African Americans (Oxford University Press, 2021) considers how, for centuries, African Americans have fought for what the black feminist intellectual Anna Julia Cooper called "the cause of freedom." It begins in Jamestown in 1619, when the first shipment of enslaved Africans arrived in that settlement. It narrates the creation of a system of racialized chattel slavery, the eventual dismantling of that system in the national bloodletting of the Civil War, and the ways that civil rights disputes have continued to erupt in the more than 150 years since Emancipation. The Cause of Freedom carries forward to the Black Lives Matter movement, a grass-roots activist convulsion that declared that African Americans' present and past have value and meaning. At a moment when political debates grapple with the nation's obligation to acknowledge and perhaps even repair its original sin of racialized slavery, The Cause of Freedom tells a story about our capacity and willingness to realize the ideal articulated in the country's founding document, namely, that all people were created equal.Marshall Poe is the founder and 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 this book, Antonio Gasparetto studies in detail the legal history of the state of exception during the First Republic in Brazil (1889-1930). Atmósfera de plomo: las declaraciones de estado de sitio en la Primera República Brasileña (Tirant lo Blanch, 2019) explores the origins as well as the transnational use of the term in international legislation in order to understand the particularities of the Brazilian case. Gasparetto studies the use of the state of exception, a measure originally created to defend countries from external threats, but which was eventually used to repress opposition to government measures. The state of exception gradually became a tool for state repression, which in Brazil resulted in the death of about 15,000 people, as well as the exile of many others. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Prison abolition and decarceration are increasingly debated, but it is often without taking into account the largest exodus of people from carceral facilities in the twentieth century: the closure of disability institutions and psychiatric hospitals. Decarcerating Disability (2020, University of Minnesota Press) provides a much-needed corrective, combining a genealogy of deinstitutionalization with critiques of the current prison system.Liat Ben-Moshe (https://www.liatbenmoshe.com/) provides groundbreaking case studies that show how abolition is not an unattainable goal but rather a reality, and how it plays out in different arenas of incarceration—antipsychiatry, the field of intellectual disabilities, and the fight against the prison-industrial complex. Ben-Moshe discusses a range of topics, including why deinstitutionalization is often wrongly blamed for the rise in incarceration; who resists decarceration and deinstitutionalization, and the coalitions opposing such resistance; and how understanding deinstitutionalization as a form of residential integration makes visible intersections with racial desegregation. By connecting deinstitutionalization with prison abolition, Decarcerating Disability also illuminates some of the limitations of disability rights and inclusion discourses, as well as tactics such as litigation, in securing freedom.Decarcerating Disability’s rich analysis of lived experience, history, and culture helps to chart a way out of a failing system of incarceration. C.J. Valasek is a Ph.D. Candidate in Sociology & Science Studies at the University of California San Diego. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How does individual religious liberty apply to religiously affiliated groups? Edward A. David investigates the polarized ways legal theorists seek to understand group ontology in A Christian Approach to Corporate Religious Theory (Palgrave MacMillan, 2020). David surveys the merits and pitfalls of prevailing approaches from within and without the Christian tradition. Many legal theorists are deeply skeptical of corporate group ontology, especially as religious groups have sometimes tended to conflate churches proper with religiously affiliated organizations in ways that can set uncomfortable precedents. This book offers a novel way forward that suggests a retrieval of Saint Thomas Aquinas's theory of coordinated group activity to provide a more salient moral framework to evaluate the liberties and limits of religious groups. You can follow Edward David's work on his website or on Twitter (@edwardinoxford)Ryan David Shelton (@ryoldfashioned) is a social historian of British and American Protestantism and a PhD researcher at Queen’s University Belfast. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The concept of the individual self - a being that is autonomous, rational and largely without vulnerability - shapes current legal frameworks, the power dynamics between individuals, and limits the opportunities of many people who are marginalised to flourish in their own conception of the good life. In his latest book, Professor Jonathan Herring argues for a radical reconceptualisation of the self. One based not on individual rights, but instead which focuses on promoting and protecting caring relationships between people. He argues that the law has the potential to play a powerful role in shaping a relational concept of self, and that this is what it should do. Instead of discriminating against vulnerability, the law should celebrate the universal vulnerabilities of all. Rather than disadvantaging carers, the law has the power to recognise our mutual interdependence and interconnectedness; this will bring about a more equitable society for all, one in which the value and dignity of all variations of what it is to be human can be recognised and celebrated. In Law and the Relational Self (Cambridge UP, 2019) Herring provides a comprehensive theoretical framework of the relational self which he applies in real-life practical situations: he examines domestic abuse, medical law, family law and criminal law. In each of these examples the Herring makes a convincing case for replacing the concept of the individual self with that of the relational self, and shows the power of law in doing so.  This is an important book and should change the way that legal scholars, practitioners and all individuals think about themselves and how the law works. It offers potential for a new way of being, and a world where the things that really matter are protected in law. Jonathan Herring is a fellow in Law at Exeter College, and a professor of Law in the Law Faculty at the University of Oxford. At the time that this interview was recorded he had over 250 publications, including 107 books on topics spanning family law, medical law, criminal law and legal issues surrounding care and old age.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

The Puritans of Early America did not start out with gendered society and piety. Instead, Monica D. Fitzerald suggests, growing tensions between lay men and clergy over what was perceived as a feminized piety led toward a gradual separation of masculinity and femininity into distinct spheres. In Puritans Behaving Badly: Gender, Religion, and Punishment in Early America (Cambridge UP, 2020), Fitzgerald presents original research in the church disciplinary records of censure cases among Puritan congregations in the first three generations of American Puritanism. The records tell a fascinating story about how, even though the Puritan ministers advocated a holistic spirituality that was at once inwardly pietistic and externally dutiful, the lists of sins and confessions recorded in the chronicles of church discipline cases indicate that only men were being held accountable for sins of duty and honor, and only women for sins of personal spirituality and heart religion. Filled with vivid tales of squabbles, rifts, and deadly rivalries, Fitzgerald's book is sure to fascinate and delight readers interested in the development of religion and culture in early America. Follow Monica on Twitter (@mofitz66), or visit her book page on Cambridge Core.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On June 4, Federal Police raided the home of Walkley award-winning journalist Annika Smethurst, changing her life forever. The police claimed they were investigating the publication of classified information, her employer called it a 'dangerous act of intimidation'. Annika believes she was simply doing her job.Ms Smethurst became the accidental poster woman for press freedom. Politicians even debated the merits of police searching through her underwear drawer. On Secrets (Hachette, 2020) considers the impact this invasion has had on her life, and examines press freedom.Annika Smethurst is a Walkley award-winning journalist. She is the Daily Telegraph's and Sunday Herald Sun's political editor.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

Colleen Murphy is the Roger and Stephany Joslin Professor of Law at the College of Law and a professor in the Departments of Philosophy and Political Science at the University of Illinois at Urbana-Champaign. Colleen also directs the Women and Gender in Global Perspectives Program in the Illinois Global Institute. You can follow her on Twitter at @drcolleenmurphy.The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Future of Truth project. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Supreme Court’s decision in Bostock v. Clayton, which ruled that the Title VII prohibition on sex discrimination in employment extends to discrimination based on sexual orientation and transgender status, may imperil the fundamental right of parents to educate their children in line with their values.This right is examined brilliantly in the 2016 book, To Whom Do Children Belong? Parental Rights, Civic Education, and Children's Autonomy by scholar Melissa Moschella. Given the rise of the transgender movement and other aspects of wokeism, this book has only increased in importance. It is a rare combination of a serious scholarly work and a book that general audiences, particularly and crucially, the parents of school-age children should read.Moschella addresses timely questions such as, “Can we defend parental rights against those who believe we need more extensive state educational control to protect children's autonomy or prepare them for citizenship in a diverse society?” and draws upon psychological and social scientific research to make a compelling philosophical argument for the right of parents to determine fundamental questions of morals when it comes to their children.And this is not only a matter for philosophers. Moschella makes clear that under the cover of such seemingly innocuous verbiage as “diversity education” and “education for citizenship,” public schools are engaging in outright indoctrination of children in left-wing social justice and libertarian moral views. Moreover, progressives are increasingly targeting even private schools and some are even calling for an outright ban on homeschooling.Moschella’s book is eerily prescient in the way she was able to predict that parents who seek to pass on a traditional understanding of sexuality find their efforts directly undermined in ever more public schools. Many parents cannot afford private schools or are unable to home school—and, as noted, even those refuges are under threat. Moschella foretold in her book that if the views of the progressive scholars whose arguments she delineates with scrupulous fairness prevail, parents will have no choice but to send their children into an educational environment that may sow damaging confusion about the basic truths of human identity.Readers of this book need not even be religious but simply parents and other readers who worry that children will be stigmatized and parents’ rights erased if children are forced by schools to deny that maleness and femaleness are grounded on objective biological reality rather than subjective self-image, or that the purpose of human sexuality is not merely pleasure or self-expression, but to unite a man and woman in marriage and enable them to form a family. This is not solely a question of religious liberty but of conscience rights more broadly, which she discusses both authoritatively and movingly.Moschella examines the arguments for expanding school choice, vouchers and granting exemptions when educational programs or regulations threaten parents' ability to raise their children in line with their values and moral codes.The questions raised in this important book have become even more salient in the era of the Biden administration.Give a listen.Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law