New Books in Law

Monster is an adult pit bull, muscular and grey, who is impounded in a large animal shelter in Los Angeles. Like many other dogs at the shelter, Monster is associated with marginalized humans and assumed to embody certain behaviors because of his breed. And like approximately one million shelter animals each year, Monster will be killed. The Lives and Deaths of Shelter Animals (Stanford UP, 2020) takes us inside one of the country's highest-intake animal shelters. Katja M. Guenther witnesses the dramatic variance in the narratives assigned different animals, including Monster, which dictate their chances for survival. She argues that these inequalities are powerfully linked to human ideas about race, class, gender, ability, and species. Guenther deftly explores internal hierarchies, breed discrimination, and importantly, instances of resistance and agency.Katja M. Guenther is Associate Professor of Gender and Sexuality Studies at the University of California, Riverside, and author of Making Their Place (Stanford, 2010).Mark Molloy is the reviews editor at MAKE: A Literary Magazine. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Are psychedelics invaluable therapeutic medicines, or dangerously unpredictable drugs that precipitate psychosis? Tools for spiritual communion or cognitive enhancers that spark innovation? Activators for one’s private muse or part of a political movement? In the 1950s and 1960s, researchers studied psychedelics in all these incarnations, often arriving at contradictory results. In American Trip: Set, Setting, and the Psychedelic Experience in the Twentieth Century (MIT Press, 2020), Ido Hartogsohn examines how the psychedelic experience in midcentury America was shaped by historical, social, and cultural forces—by set (the mindset of the user) and setting (the environment in which the experience takes place). In this interview, Hartogsohn discusses the roles psychedelics have played worldwide, and what renewed interest in their medical value can offer individuals and society.Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, she edits Points, the blog of the Alcohol and Drugs History Society. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Republic of Biafra lasted for less than three years, but the war over its secession would contort Nigeria for decades to come. A History of the Republic of Biafra: Law, Crime, and the Nigerian Civil War (Cambridge University Press, 2020) examines the history of the Nigerian Civil War and its aftermath from an uncommon vantage point – the courtroom. Wartime Biafra was glutted with firearms, wracked by famine, and administered by a government that buckled under the weight of the conflict. In these dangerous conditions, many people survived by engaging in fraud, extortion, and armed violence. When the fighting ended in 1970, these survival tactics endured, even though Biafra itself disappeared from the map. Based on research using an original archive of legal records and oral histories, Daly catalogues how people navigated conditions of extreme hardship on the war front, and shows how the conditions of the Nigerian Civil War paved the way for the country's long experience of crime that was to follow.Samuel Fury Childs Daly is an Assistant Professor of African and African American Studies, History, and International Comparative Studies at Duke University in Durham, North Carolina.Madina Thiam is a PhD candidate in history at UCLA. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his latest book, Professor Lindsay Farmer offers a historical and conceptual analysis of theories of criminalization. The book shows how criminalization is inextricably linked to the making of the modern criminal law. This distinct body of rules and processes is neither fixed nor inevitable in what, who, and how it criminalizes. Instead, it is constructed by the changing functions of criminal law as an instrument of government in the modern state. In this way, the criminal law, and processes of criminalization shape the modern civil order.Making of the Modern Criminal Law: Criminalization and Civil Order first traces the development of the modern criminal law as an institution, and shows how this secures civil order. Specifically, it identifies particular aspects of criminal law – those being jurisdiction, codification and responsibility – to give an understanding how social order is constructed by the criminal law. The book then provides detailed analysis of three particular areas of criminal law, focusing on patterns of criminalization in relation to property, the person and sexual conduct.The book is essential reading for scholars of criminal law and theory, criminalization, and all those who wish to understand the far-reaching impact of the criminal law on social order. Farmer raises questions relevant for lawyers, legislators and theorists and asks the reader to question their assumptions about the modern criminal law, the process of criminalization and social order.Lindsay Farmer is a professor of law at the University of Glasgow. He has previously held teaching posts at the University of Strathclyde, and at Birkbeck College, University of London. He has spent time as a visiting professor at the Center for Law and Society in the University of California at Berkeley, the University of Toronto, Columbia University, New York and the University of Sydney. He is the author of a number of books, and has recently been awarded a Leverhulme Trust Major Research Fellowship (2019-2022) to work on a project entitled "Rethinking the Relation between Criminal Law and Markets". In 2019 he was elected as a Fellow of the British Academy.Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Most people recognize that the internet is growing at an exponential rate. But few have thought as deeply as Laura DeNardis, a Professor and Interim Dean at the School of Communication at American University, about what those changes will mean for privacy, security, human rights, and democracy.In The Internet in Everything: Privacy and Security in a World With No Off Switch (Yale, 2020), Professor DeNardis shows that the policy tools and normative constructs we have built around the internet are outdated. The internet has evolved from a system of communication to one of control—and that demands a new approach to internet governance.On this episode, I talked with Dr. DeNardis about why we need to move beyond an understanding of internet governance as content governance; whether governments can resist exploiting cybersecurity vulnerabilities; and why she thinks ‘internet freedom’ is a “somewhat fetishized ideal.” At one point, Dr. DeNardis’s dog weighs in on the virtues of techno-libertarianism.We wrap up with some predictions for the future of the multi-stakeholder governance model and Dr. DeNardis’s thoughts on 2020. John Sakellariadis is a 2020-2021 Fulbright US Student Research Grantee. He holds a Master’s degree in public policy from the School of International and Public Affairs at Columbia and a Bachelor’s degree in History & Literature from Harvard University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

R. H. Helmholz's book Natural Law in Court (Harvard UP, 2015) serves as a guide to the uses of natural law in the past. It shows how lawyers, judges and jurists used natural law to reason and argue about all areas of the law, be they procedural or substantive. Far from being a polemic, this book delves into the legal record of multiple countries to compare, contrast and shed light on the role natural law played in actual legal disputes. Due to the renewed interest in natural law today, this book serves as an important counter-point to legal thinkers who too often rely on purely philosophical or theoretical notions of natural law in their arguments to show how natural law was (and potential can be) deployed to make effective legal arguments in actual legal proceedings. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Prior to the abolition of slavery, thousands of African-descended people in the Americas lived in freedom. Their efforts to navigate daily life and negotiate the boundaries of racial difference challenged the foundations of white authority—and linked the Americas together.In Black Freedom in the Age of Slavery: Race, Status, and Identity in the Urban Americas (U of South Carolina Press, 2020), John Garrison Marks examines how these individuals built lives in freedom for themselves and their families in two of the Atlantic World's most important urban centers: Cartagena, along the Caribbean coast of modern-day Colombia, and Charleston, in the low country of North America's Atlantic coast. Marks reveals how skills, knowledge, reputation, and personal relationships helped free people of color improve their fortunes and achieve social distinction in ways that undermined whites' claims to racial superiority.Built upon research conducted on three continents, this book takes a comparative approach to understanding the contours of black freedom in the Americas. It reveals in new detail the creative and persistent attempts of free black people to improve their lives and that of their families. It examines how various paths to freedom, responses to the Haitian Revolution, opportunities to engage in skilled labor, involvement with social institutions, and the role of the church all helped shape the lived experience of free people of color in the Atlantic World.As free people of color worked to improve their individual circumstances, staking claims to rights, privileges, and distinctions not typically afforded to those of African descent, they engaged with white elites and state authorities in ways that challenged prevailing racial attitudes. While whites across the Americas shared common doubts about the ability of African-descended people to survive in freedom or contribute meaningfully to society, free black people in Cartagena, Charleston, and beyond conducted themselves in ways that exposed cracks in the foundations of American racial hierarchies. Their actions represented early contributions to the long fight for recognition, civil rights, and racial justice that continues today.Adam McNeil is a third year Ph.D. in History student at Rutgers, the State University of New Jersey. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Americans have long viewed marriage between a white man and a white woman as a sacred union. But marriages between African Americans have seldom been treated with the same reverence. This discriminatory legacy traces back to centuries of slavery, when the overwhelming majority of black married couples were bound in servitude as well as wedlock. Though their unions were not legally recognized, slaves commonly married, fully aware that their marital bonds would be sustained or nullified according to the whims of white masters.Bound In Wedlock: Slave and Free Black Marriage in the Nineteenth Century (Harvard UP, 2017) is the first comprehensive history of African American marriage in the nineteenth century. Uncovering the experiences of African American spouses in plantation records, legal and court documents, and pension files, Tera W. Hunter reveals the myriad ways couples adopted, adapted, revised, and rejected white Christian ideas of marriage. Setting their own standards for conjugal relationships, enslaved husbands and wives were creative and, of necessity, practical in starting and supporting families under conditions of uncertainty and cruelty.After emancipation, white racism continued to menace black marriages. Laws passed during Reconstruction, ostensibly to secure the civil rights of newly freed African American citizens, were often coercive and repressive. Informal antebellum traditions of marriage were criminalized, and the new legal regime became a convenient tool for plantation owners to discipline agricultural workers. Recognition of the right of African Americans to enter into wedlock on terms equal to whites would remain a struggle into the Jim Crow era, and its legacy would resonate well into the twentieth century.Tera W. Hunter is the Edwards Professor of American History and Professor of African-American Studies at Princeton University. A specialist in 19th and 20th century African American history, her research focuses on gender, race, labor, and Southern histories.Jerrad P. Pacatte is a Ph.D. candidate in the Department of History at Rutgers, The State University of New Jersey-New Brunswick studying eighteenth and nineteenth century African American women’s history, slavery and emancipation in colonial America and the Atlantic world, and the history of slavery and capitalism. Follow him on Twitter @Jerrad_Pacatte!  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her book, The Politics of Police Reform: Society against the State in Post-Soviet Countries (Oxford University Press, 2018), Erica Marat provides an answer to a very important question: “What does it take to reform a post-Soviet police force?” Marat looks as specific case studies – in Ukraine, Georgia, Kyrgyzstan, Kazakhstan, and Tajikistan – in order to identify and analyze instances where public mobilization challenged the conduct of police offers and their use of violence. In her analysis, she considers the legacies of Soviet policing, but also identifies important factors that led to policing’s reform. The book is valuable reading for those following contemporary issues in Central Asia and the post-Soviet space, as well those interested broadly in the problems of police violence and the challenge of police reform.Nicholas Seay is a PhD Student at The Ohio State University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Lutheran Theology and Contract Law in Early Modern Germany (ca. 1520-1720) (Verlag Ferdinand Schoningh, 2019), Paolo Astorri shows how the Protestant Reformation influence European law. Martin Luther and his successors led European Christianity away from medieval ideas of penance and the careful accounting that went with it toward theology of grace. Human salvation was thence justified by faith alone, and holy scripture the supreme authority. For the law, this meant that love (charity) and not complicated rules would guide jurists. For the poor, debts were to be forgiven freely, while a rich debtor could now be charged interest by his creditor.In this conversation, Paolo Astorri discusses these changes and other legal – and also political and social – consequences of the Lutheran Reformation. He also speaks about the origins of western law and remarks about other changes in it over the last few centuries. He discusses other developments in the Catholic and Protestant confessions.Dr. Astorri is a Post-Doc at the Center of Privacy Studies at the University of Copenhagen and a member of the faculty at the Catholic University of Leuven, where he completed his doctorate in 2018. He studied law at the University of Macerata and canon law at the Pontifical Lateran University in Rome.Krzysztof Odyniec is a historian of Early Modern Europe, specializing in sixteenth-century diplomacy and travel. He has also written about Germany in the early 1500s.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law