New Books in Law

In June 1609, two judges left Bordeaux for a territory at the very edge of their jurisdiction, a Basque-speaking province on the Atlantic coast called the Pays de Labourd. In four months, they executed up to 80 women and men for the crime of witchcraft, causing a wave of suspects to flee into Spain and sparking terror there. Witnesses, many of them children, described lurid tales of cannibalism, vampirism, and demonic sex. One of the judges, Pierre de Lancre, published a sensationalist account of this diabolical netherworld. With other accounts seemingly destroyed, this witch-hunt – France's largest – has always been seen through de Lancre's eyes. The narrative, re-told over the centuries, is that of a witch-hunt caused by a bigoted outsider.Newly discovered evidence paints a very different, still darker picture, revealing a secret history underneath de Lancre's well-known tale. Far from an outside imposition, witchcraft was a home-grown problem. Panic had been building up over a number of years and the region was fractured by factionalism and a struggle over scarce resources. The Basque Witch-Hunt: A Secret History (Bloomsbury, 2024) by Dr. Jan Machielsen reveals that de Lancre was no outsider; he was a local partisan, married into the Basque nobility. Living at the Franco-Spanish border, the Basques were victims of geography. Geo-politics caused a local conflict which made the witch-hunt inevitable. The same forces eventually sent thousands of religious refugees from Spain to France where they, in turn, became new objects of popular fear and anger.The Basque witch-hunt is justly infamous. This book shows that almost everything historians thought they knew about it is wrong.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

Victim participation at the International Criminal Court (ICC) has routinely been viewed as an empty promise of justice or mere spectacle for audiences in the Global North, providing little benefit for victims. Why, then, do people in Kenya and Uganda engage in justice processes that offer so little, so late? How and why do they become the court’s victims and intermediaries, and what impact do these labels have on them? Victims and the Labour of Justice at the International Criminal Court: The Blame Cascade (Oxford UP, 2024) offers a response to these poignant questions, demonstrating that the notion of ‘justice for victims’ is not merely symbolic, expressive, or instrumental. On the contrary — as Leila Ullrich argues — the ICC’s methods of victim engagement are productive, reproducing the Court as a relevant institution and transforming victims in the Global South into highly gendered and racialized labouring subjects. Challenging the Court’s interplay with global capitalist relationships, the book makes visible the hidden labour of justice, and how it lures, disciplines, and blames both victims and victims’ advocates. Drawing on critical theory, criminological analysis, and multi-sited ethnographic fieldwork in The Hague, Kenya, and Uganda, Victims and the Labour of Justice at the International Criminal Court illuminates how the drive to include victims as participants in international criminal justice proceedings also creates and disciplines them as blameworthy capitalist subjects. Yet, as victim workers learn to ‘stop crying’, ‘be peaceful’, ‘get married’, ‘work hard’, and ‘repay debt’, they also begin to challenge the terms of global justice.Dr. Leila Ullrich is an Associate Professor of Criminology at the University of Oxford's Faculty of Law. Her research lies at the intersection of international criminal justice, transitional justice, victimology, and border criminology. Her work focuses on how global justice institutions construct gendered and racialized subjects and how these groups engage with or resist these processes. Outside academia, Leila worked as social stability analyst on the Syrian refugee crisis at the United Nations Development Programme in Lebanon and she has also worked as an intern for the ICC. She has also worked for the German Bundestag and the BBC World Service.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, with teaching and research interests in international criminal law, cause lawyering and the legal profession, and law and emotion. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Fragile Hope: Seeking Justice for Hate Crimes in India (Stanford University Press, 2024). Against the backdrop of the global Black Lives Matter movement, debates around the social impact of hate crime legislation have come to the political fore. In 2019, the UN Commission on Crime Prevention and Criminal Justice urgently asked how legal systems can counter bias and discrimination. In India, a nation with vast socio-cultural diversity, and a complex colonial past, questions about the relationship between law and histories of oppression have become particularly pressing. Recently, India has seen a rise in violence against Dalits (ex-untouchables) and other minorities. Consequently, an emerging "Dalit Lives Matter" movement has campaigned for the effective implementation of India's only hate crime law: the 1989 Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act (PoA).Drawing on long-term fieldwork with Dalit survivors of caste atrocities, human rights NGOs, police, and judiciary, Sandhya Fuchs unveils how Dalit communities in the state of Rajasthan interpret and mobilize the PoA. Fuchs shows that the PoA has emerged as a project of legal meliorism: the idea that persistent and creative legal labor can gradually improve the oppressive conditions that characterize Dalit lives. Moving beyond statistics and judicial arguments, Fuchs uses the intimate lens of personal narratives to lay bare how legal processes converge and conflict with political and gendered concerns about justice for caste atrocities, creating new controversies, inequalities, and hopes. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In theory, bankruptcy in America exists to cancel or restructure debts for people and companies that have way too many--a safety valve designed to provide a mechanism for restarting lives and businesses when things go wrong financially. In this brilliant and paradigm-shifting book, legal scholar Melissa B. Jacoby shows how bankruptcy has also become an escape hatch for powerful individuals, corporations, and governments, contributing in unseen and poorly understood ways to race, gender, and class inequality in America. When cities go bankrupt, for example, police unions enjoy added leverage while police brutality victims are denied a seat at the negotiating table; the system is more forgiving of civil rights abuses than of the parking tickets disproportionately distributed in African American neighborhoods. Across a broad range of crucial issues, Unjust Debts: How Our Bankruptcy System Makes America More Unequal (New Press, 2024) reveals the hidden mechanisms by which bankruptcy impacts everything from sexual harassment to health care, police violence to employment discrimination, and the opioid crisis to gun violence. In the tradition of Matthew Desmond's groundbreaking Evicted, Unjust Debts is a riveting and original work of accessible scholarship with huge implications for ordinary people and will set the terms of debate for this vital subject.Melissa B. Jacoby is the Graham Kenan Professor of Law at the University of North Carolina at Chapel Hill.Caleb Zakarin is editor at 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

Shehnaz Haqqani's new book Feminism, Tradition and Change in Contemporary Islam: Negotiating Islamic Law and Gender (Oneworld 2024), masterfully blends textual analysis of pre-modern and modern Islamic consensus with qualitative interviews with Muslims in the contemporary United States, to track how notions of what constitutes Islamic and Islamic tradition shift over time. We learn from her interlocutors that certain Islamic legal rulings can be negotiated, as in the case of child marriage, sexual slavery or even female inheritance, while other legal consensus, such as around women’s interfaith marriage or women leading mixed-gender prayers are not negotiable. Haqqani incisively swifts through these various standards of negotiations and arrives at how legal rulings pertaining to Muslim women’s experiences are met with resistance. It seems then that matters of urgency and relevance, which are inevitably political, dedicate when Islamic law and/or tradition can be negotiated. Haqqani’s book illuminates how Islamic tradition has always been flexible, but male dominated scholarly consensus still dedicates this flexibility (or rather inflexibility from an Islamic feminist perspective). This book will be of interest to those who think on gender, Islam, Islamic feminism, Islamic law, and much more.Dr. Shehnaz Haqqani is an assistant professor at Mercer University and specialises in Islam, with a focus on gender and sexuality. She is a host of the podcast 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

The processes of secularization and desegregation were among the two most radical transformations of the American public school system in all its history. Many regard the 1962 and 1963 US Supreme Court rulings against school prayer and Bible-reading as the end of religion in public schools. Likewise, the 1954 Brown v. Board of Education case is seen as the dawn of school racial equality. Yet, these two major twentieth-century American educational movements are often perceived as having no bearing on one another.Without a Prayer: Religion and Race in New York City Public Schools (New York University Press, 2024) by Dr. Leslie Beth Ribovich redefines secularization and desegregation as intrinsically linked. Using New York City as a window into a national story, the volume argues that these rulings failed to successfully remove religion from public schools, because it was worked into the foundation of the public education structure, especially how public schools treated race and moral formation. Moreover, even public schools that were not legally segregated nonetheless remained racially segregated in part because public schools rooted moral lessons in an invented tradition—Judeo-Christianity—and in whiteness.The book illuminates how both secularization and desegregation took the form of inculcating students into white Christian norms as part of their project of shaping them into citizens. Schools and religious and civic constituents worked together to promote programs such as juvenile delinquency prevention, moral and spiritual values curricula, and racial integration advocacy. At the same time, religiously and racially diverse community members drew on, resisted, and reimagined public school morality.Drawing on research from a number of archival repositories, newspaper and legal databases, and visual and material culture, Without a Prayer shows how religion and racial discrimination were woven into the very fabric of public schools, continuing to inform public education’s everyday practices even after the Supreme Court rulings.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

Today’s book is: Witchcraft: A History in 13 Trials (Scribner, 2024), by Dr. Marion Gibson, which explores the global history of witch trials across Europe, Africa, and the Americas, told through thirteen distinct trials that illuminate a pattern of demonization and conspiratorial thinking that has profoundly shaped human history. Some of them are famous like the Salem witch trials, and some lesser-known, like the 1620s witch trial on Vardø island, Norway, where an indigenous Sami woman was accused of murder; the last witch trial in France in 1731, where a young woman was pitted against her confessor and cult leader; and a trial in Lesotho in 1948, where British colonial authorities executed local leaders. Exploring how witchcraft was feared, then decriminalized, and then reimagined as gendered persecution, Witchcraft takes on the intersections between gender and power, indigenous spirituality and colonial rule, political conspiracy and individual resistance. Offering a striking, dramatic journey unspooling over centuries and across continents, Witchcraft offers insights into some of the cruelest moments in history, reclaims voices that have been silenced, and asks us to seriously consider how we will create a future without further witch trials.Our guest is: Dr. Marion Gibson, who is Professor of Renaissance and Magical Literatures at the University of Exeter, UK. She is the author of numerous scholarly articles, and seven academic books on witches in history and literature. She is General Editor of the series Elements in Magic for Cambridge University Press. Witchcraft: A History in Thirteen Trials is her most recent book.Our host is: Dr. Christina Gessler, who works as a developmental editor for scholars, and is the producer of the Academic Life podcast.Listeners may enjoy this playlist: Fierce We Refuse You're Doing It Wrong Gender-Creative Parenting Reinventing Her Life The Turnaway Study Welcome to Academic Life, the podcast for your academic journey—and beyond! You can support the show by posting, assigning or sharing episodes. Join us to learn from experts inside and outside the academy, and around the world. Missed any of the 225+ 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

Today I talked to Mie Nakachi about Replacing the Dead: The Politics of Reproduction in the Postwar Soviet Union (Oxford UP, 2021)In 1920, the Soviet Union became the first country in the world to legalize abortion on demand. But in 1936, the Soviet leadership criminalized abortion: the collectivization of the early 1930s was followed by famine that took the lives of millions of people, and the government grew eager to recover the population. Drawing on an amazing wealth of archival material, Nakachi traces the dynamic of Soviet reproductive policies that were invariably guided by pronatalist goals but almost always had damaging consequences. The 1944 Family Law, aimed at making up for the enormous human losses of World War II (27 million people died, 20 million of them men), relieved men of parental responsibilities, legal or financial, thereby encouraging them to father children out of wedlock. Given the devastation of the war and inadequate levels of government support, many women sought to avoid such births. Their only recourse was abortion, which remained illegal and, as a result, often led to grave medical complications or even death—on top of being criminally punishable. Doctors were generally sympathetic to the women’s plight but they could not challenge the system. It was only in the mid-1950s that abortion was decriminalized, but until the end of the Soviet Union, modern contraception was barely available and abortion remained the primary method of birth control. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The balance of power between the United States Congress and the president is particularly contested when it comes to war powers. The U.S. Constitution gives Congress the power to declare war but Article II Section 2 declares that "[t]he President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." Today, presidents broadly define their constitutional authority as commander in chief. But in the nineteenth century, Congress claimed and defended expansive war powers authority. How did Congress define the boundaries between presidential and congressional war powers in the early republic? Did the definition of “commander in chief” change, and if so, when, how, and why did it do so?Based on an original, comprehensive dataset of every congressional reference to the commander-in-chief clause from the ratification of the Constitution through 1917, Dr. Casey B.K. Dominguez analyzes the authority that members of Congress ascribed to the president as commander in chief and the boundaries they put around that authority.In Commander in Chief: Partisanship, Nationalism, and the Reconstruction of Congressional War Powers (University Press of Kansas, 2024) Dominguez shows that for more than a century members of Congress defined the commander in chief's authority narrowly, similar to that of any high-ranking military officer. But in a wave of nationalism during the Spanish-American War, members of Congress began to argue that Congress owed deference to the commander in chief – as a national representative of the military, nation, and flag rather than a military officer. These debates were partisan with members of Congress arguing for broader presidential war powers when the president was from their own party. Scholars often assume that it is the Supreme Court that interprets the Constitution but Dominguez’s work shows how all the branches interpret the constitution. She offers particularly keen insights on the use of constitutional stories or scripts about the commander in chief clause. While scholars have assumed that the expansion of presidential war powers happened in the middle of the 20th century, Dominguez’s research shows that the dynamical expansion began 50 years earlier. Her work helps readers understand when – and how – the United States shifted many military decisions to the president.Dr. Casey B. K. Dominguez is professor of Political Science and International Relations at the University of San Diego. Her research focuses on the relationships between political parties and interest groups, and on the evolution of Constitutional war powers in the United States. I’m delighted to welcome her to New Books in Political Science.Mentioned:Victoria A. Farrar-Myers’s book on constitutional scripts, Scripted for ChangeThe Institutionalization of the American Presidency (Texas A&M Press, 2007)Emmerich de Vattel’s The Law of Nations (1758)Mariah Zeisberg’s War Powers: The Politics of Constitutional Authority (Princeton 2013) Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The trial of former SS lieutenant and Gestapo chief Klaus Barbie was France's first trial for crimes against humanity. Known as the "Butcher of Lyon" during the Nazi occupation of that city from 1942 to 1944, Barbie tortured, deported, and murdered thousands of Jews and Resistance fighters. Following a lengthy investigation and the overcoming of numerous legal and other obstacles, the trial began in 1987 and attracted global attention.Justice in Lyon: Klaus Barbie and France's First Trial for Crimes Against Humanity (U Toronto Press, 2022) is the first comprehensive history of the Barbie trial, including the investigation leading up to it, the legal background to the case, and the hurdles the prosecution had to clear in order to bring Barbie to justice. Richard J. Golsan examines the strategies used by the defence, the prosecution, and the lawyers who represented Barbie's many victims at the trial. The book draws from press coverage, articles, and books about Barbie and the trial published at the time, as well as recently released archival sources and the personal archives of lawyers at the trial.Making the case that, despite the views of its many critics, the Barbie trial was a success in legal, historical, and pedagogical terms, Justice in Lyon details how the trial has had a positive impact on French and international law governing crimes against humanity. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law