New Books in Law

Why are we so concerned with belonging? In what ways does our belonging constitute our identity? Is belonging a universal concept or a culturally dependent value? How does belonging situate and motivate us?  In these days of identity politics, these issues are more significant and more complex than ever.Joseph E. David grapples with these questions through a genealogical analysis of ideas and concepts of belonging. In his book Kinship, Law and Politics: An Anatomy of Belonging (Cambridge UP, 2020) examines crucial historical moments in which perceptions of belonging were formed, transformed, or dismantled.The cases presented here focus on the pivotal role played by belonging in kinship, law, and political order, stretching across cultural and religious contexts from eleventh-century Mediterranean religious legal debates to twentieth-century statist liberalism in Western societies.With thorough inquiry into diverse discourses of belonging, David pushes past the politics of belonging to acknowledge just how wide-ranging and fluid notions of belonging can be.Renee Garfinkel, Ph.D. is a psychologist, writer, Middle East television commentator and host of The New Books Network’s Van Leer Jerusalem Series on Ideas. Write her at r.garfinkel@yahoo.com or tweet @embracingwisdom. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Who truly controls immigration law in the United States? Though common sense might suggest the U.S. Congress, legal scholars Adam B. Cox and Cristina M. Rodríguez argue that the president is in fact the immigration policymaker-in-chief.In this interview, we speak with co-author Rodríguez about their new book The President and Immigration Law (Oxford University Press, 2020), which shifts our attention away from court-based immigration regulation and toward the power dynamic between Congress and presidential administrations. The book details the historical construction of the “shadow immigration system” that has enabled the executive branch to fundamentally shape immigration policy through its discretionary enforcement of the law. Rodríguez walks us through the three constitutive elements of this system: a deportation legal regime, state capacity and bureaucracy, and a boom of unauthorized immigration in the latter half of the twentieth century. This interview also delves into the role of local and state police, different visions of immigration enforcement between the Obama and Trump administrations, and the potential for reform of the current immigration system. With the continued push and pull forces of global migration spurred by humanitarian crises and economic incentives, this work sheds new light on who holds the reins of power in this ongoing policy debate.Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Young women and men sought out each other’s company in the workshops, cabarets, and streets of Old Regime Lyon, and evidence of these relationships lingers in documents and material objects conserved in Lyon’s municipal and departmental archives. How did young workers spend time together? When would they initiate sexual relationships outside of marriage? What resources did they marshal to manage pregnancy and childbirth, and what kind of support might they expect from their neighbors, employers, and families? In paternity suits, young women provided direct answers to these questions, and left an incomparable archive testifying to their desires, hopes, loss, and often, grief resulting from “courtships gone awry.”Today I spoke with Julie Hardwick about her new book Sex in an Old Regime City: Young Workers and Intimacy in France, 1660-1789 (Oxford UP, 2020). Hardwick is the John E. Green Professor of History at the University of Texas at Austin. Hardwick’s previous books include Family Business: Litigation and the Political Economy of Everyday Life in Early Modern France (2009) and The Practice of Patriarchy: Gender and the Politics of Household Authority in Early Modern France (1998).Jennifer J. Davis is Co-Editor, Journal of Women’s History and Associate Professor, University of Oklahoma. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Religious freedom debates set blood boiling. Just consider notable Supreme Court cases of recent years such as Masterpiece Cakeshop v. Colorado Civil Rights Commission or Little Sisters of the Poor v. Pennsylvania. How can we reach any agreement between those who adhere strictly to the demands of divine law and the individual conscience and those for whom human-derived law is paramount? Is there any legal and philosophical framework that can mediate when tensions erupt between the human right of religious liberty and laws in the secular realm?In her 2019 book, The Possibility of Religious Freedom: Early Natural Law and the Abrahamic Faiths (Cambridge UP), Karen Taliaferro argues that natural law can act as just such a mediating tool. Natural law thinking can both help protect religious freedom and enable societies across the globe to maintain social peace and to function on the basis of fairness to all. Taliaferro shows that natural law is not merely a somewhat arcane legal philosophy promulgated by a subset of mostly conservative Catholic scholars and philosophers. She argues that natural law offers those in many faith traditions and those of no faith whatever a workable, intellectually rich way to examine fundamental questions of law and fairness without relegating religion to ever-diminishing permissible venues.One of the signal contributions of the book is that Taliaferro shows us how non-Christian thinkers such as the Muslim scholar Ibn Rushd (also known as Averroes), the Jewish philosopher Maimonides, and Sophocles in his play Antigone (and Taliaferro’s original and provocative reading of that work alone is well worth the price of the book) employed natural law reasoning even if they did not use the term as such. For those who need to learn how societies around the world (and Taliaferro draws fascinatingly on her own experiences in the Middle East at times in the book) can balance the rights of religious people and the demands of other citizens for a strict, often ruthless secularism this book is the place to start. 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

In her book, Statelessness: A Modern History (Harvard University Press, 2020), Mira L. Siegelberg traces the history of the concept of statelessness in the years following the First and Second World Wars. At its core, this thoughtful monograph is an intellectual history of an idea that jurists in the United States and Europe struggled to agree upon after the fall of traditional imperial ways of structuring belonging. Siegelberg’s book examines how debates regarding statelessness redefined many of the core concepts that structured modern politics, such as sovereignty, citizenship, and the broad spectrum of terms in English, French, and German that described the state of not having a national affiliation. The book’s methodologically pluralist approach also brings many other aspects of the problem of statelessness into focus, such its implications on the global humanitarian crisis that followed these two conflicts, its resonance in particular ethnic communities, and the way it redefined many ideas about citizenship. This book will be of interest to scholars of the history of empire and law, international history, the history of migration, and a range of other topics in global history.Steven P. Rodriguez is a PhD candidate in history at Vanderbilt University. His research focuses on the history of Latin American student migration to the United States during the first half of the twentieth century. You can reach him at steven.p.rodriguez@vanderbilt.edu and follow his twitter at @SPatrickRod. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Before the U.S. Constitution had even been signed, soldiers and new veterans protested. Dissent, the hallowed expression of disagreement and refusal to comply with the government's wishes, has a long history in the United States. Soldier dissenters, outraged by the country's wars or egregious violations in conduct, speak out and change U.S. politics, social welfare systems, and histories.I Ain’t Marching Anymore: Dissenters, Deserters & Objectors to America’s Wars (The New Press, 2020). carefully traces soldier dissent from the early days of the republic through the wars that followed, including the genocidal "Indian Wars," the Civil War, long battles against slavery and racism that continue today, both World Wars, Korea, Vietnam, the Cold War, and contemporary military imbroglios.Acclaimed journalist Chris Lombardi presents a soaring history valorizing the brave men and women who spoke up, spoke out, and talked back to national power. Inviting readers to understand the texture of dissent and its evolving and ongoing meaning, I Ain't Marching Anymore profiles conscientious objectors including Frederick Douglass's son Lewis, Evan Thomas, Howard Zinn, William Kunstler, and Chelsea Manning, adding human dimensions to debates about war and peace.Meticulously researched, rich in characters, and vivid in storytelling, I Ain't Marching Anymore celebrates the sweeping spirit of dissent in the American tradition and invigorates its meaning for new risk-taking dissenters.Chris Lombardi is a journalist and author who is interested in how ordinary people interact with the decisions of those in power. She has an M.S. in Journalism from Columbia University Graduate School of Journalism and an MFA in Literature and Creative Writing from City College of New York. Her work has appeared in The Nation, Guernica, The Philadelphia Inquirer, the ABA Journal, and at WHYY.org.Colin Mustful is the author of four historical novels about Minnesota’s settlement and Native history. He has an MA in history and an MFA in creative writing. He is the founder and editor of a small independent press called History Through Fiction. You can learn more about Colin and his work at colinmustful.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Hannah Walker’s new book, Mobilized by Injustice: Criminal Justice Contact, Political Participation, and Race (Oxford UP, 2020), brings together the political science and criminal justice disciplines in exploring how individuals are mobilized to engage in political participation by their connection to the criminal justice system in the United States. The fusion between these two academic disciplines, and the focus of their respective studies in this area, answers some questions that are often omitted or passed over by the individual disciplines given the kinds of questions posed by each discipline. Thus, the topics and issues explored in Mobilized by Injustice focuses on political mobilization, advocacy, and activism, often beyond the issue of voting, to tease out how individuals who have been incarcerated or their friends and relatives are involved in the political system. The American criminal justice system is often seen as imposing the “prison beyond the prison” in how formerly incarcerated individuals are constrained and limited in their lives after they leave prison, including limits on voting rights in many states, limits on access to federal policies, and the myriad other ways in which these citizens are essentially marginalized with our society. Walker’s research digs into these constraints and also the stigmatization that individuals experience because of incarceration. At the same time that she is trying to discern how these individuals respond within the political system itself, Walker is also trying to get at how communities are impacted by the criminal justice system, exploring the ways in which this system can be particularly corrosive in certain communities.The research explores political participation by a number of different and often intersecting groups, specifically the individuals who have been incarcerated or directly experienced the criminal justice system, and those who have proximate contact with that system, through their family member’s direct experience. Within these two umbrella groups, Walker also digs into distinctions across racial groups (white, black, Latinx) and across socio-economic categories (examining class distinctions in this context). Mobilized by Injustice finds interesting results in the multi-method research approach, discerning different kinds of political involvement that is not captured by questions about whether an individual does vote or can vote. Rather, the research highlights that those with proximal contact with the criminal justice system have lower barriers to political engagement, which may lead them more naturally into politics because these individuals find themselves working as advocates for their family member who is incarcerated. Those who have been incarcerated face a variety of higher barriers, both structural and psychological, and they often need more support to engage in politics, because of the “dignity deficit” they may suffer because of societal stigmatization.Mobilized by Injustice: Criminal Justice Contact, Political Participation, and Race will likely be of interest to those who study political science, criminal justice, sociology, public policy, social science methodology, and race and class.Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dignity is a fundamental aspect of our lives, yet one we rarely pause to consider; our understandings of dignity, on individual, collective and philosophical perspectives, shape how we think, act and relate to others. Human Dignity in the Judaeo-Christian Tradition: Catholic, Orthodox, Anglican and Protestant Perspectives (Bloomsbury Academic) offers an historical survey of how dignity has been understood and explores the concept in the Judaeo-Christian tradition.World-renowned contributors examine the roots of human dignity in classical Greece and Rome and the Scriptures, as well as in the work of theologians, such as St Thomas Aquinas and St John Paul II. Further chapters consider dignity within Renaissance art and sacred music. The volume shows that dignity is also a contemporary issue by analysing situations where the traditional understanding has been challenged by philosophical and policy developments. To this end, further essays look at the role of dignity in discussions about transhumanism, religious freedom, robotics and medicine.Grounded in the principal Christian traditions of Catholicism, Orthodoxy, Anglicanism, and Protestantism, this book offers an interdisciplinary and cross-period approach to a timely topic. It validates the notion of human dignity and offers an introduction to the field, while also challenging it.John Loughlin is a Fellow at Blackfriars Hall, University of Oxford, UK and Emeritus Fellow of St Edmund's College, University of Cambridge, UK.Dr. Yakir Englander is the National Director of Leadership programs at the Israeli-American Council. He also teaches at the AJR. He is a Fulbright scholar and was a visiting professor of Religion at Northwestern University, the Shalom Hartman Institute and Harvard Divinity School. His books are Sexuality and the Body in New Religious Zionist Discourse (English/Hebrew and The Male Body in Jewish Lithuanian Ultra-Orthodoxy (Hebrew). He can be reached at: Yakir1212englander@gmail.com  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For seventeen years, Chris Fenton served as the president of DMG Entertainment Motion Picture Group, a multi-billion-dollar global media company headquartered in Beijing. He has produced or supervised twenty-one films, grossing $2 billion in worldwide box-office.In his new book, Feeding the Dragon: Inside the Trillion Dollar Dilemma Facing Hollywood, the NBA, & American Business (Post Hill Press, 2020), Fenton shares not only his journey from waiting tables at the Olive Garden to producing some of the most recognizable Hollywood blockbuster movies. And, in the process, he discovers his diplomatic mission: connecting the US and China through commerce and culture:I felt a sense of mission that went far beyond box-office numbers. US-China relations were on the line. We all knew it. We had to make it work. But as an American, something bigger was at stake. We were pulling a rival country’s culture into our own. We were doing more than opening a market or making nice with China. We were bridging a cultural gap, making the world smaller, more stable, less contentious, and much safer. Failure would surely result in the opposite effect. Fenton conveys not only the regulatory obstacles that U.S. movies face when entering the Chinese market but also the cultural barriers. For the media to be successful in China, it needs to be relevant to Chinese audiences. But, while facing challenges in Asia, DMG also found trouble in the U.S. when the Securities and Exchange Commission launched an investigation of their dealings in ChinaLike the blockbuster movies Fenton produces (and talks of a cinematic adaption of Feeding the Dragon are underway), this book has broad appeal. It is a gripping page-turner, a glimpse into the regulatory complexity of the Chinese entertainment market, and an introduction into what Fenton calls “film diplomacy.” Punctuated by succinct chapters, the book is an easy read, mixing a compelling story with rich insights.Like the blockbuster movies Fenton produces (and talks of a cinematic adaption are underway), Feeding the Dragon has broad appeal. It is a gripping page-turner, a glimpse into the regulatory complexity of the Chinese entertainment market, and an introduction into what Fenton calls “film diplomacy.” Punctuated by succinct chapters, the book is an easy read, mixing a compelling story with rich insights.Nick Pozek is Assistant Director of the Parker School of Foreign and Comparative Law at Columbia University and a host of New Books in Law. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Discourse in wealthy Western countries about refugees tends to follow a familiar script. How many refugees is a country morally required to accept? What kinds of care and support are host countries required to provide? Who is responsible to maintaining the resulting infrastructure? What, ultimately, is to be done with refugees?Many of these questions assume that states are morally required to rescue refugees. Rarely does the discourse consider the role of wealthy Western countries in creating the conditions under which a refugee crisis emerges. More importantly, we often overlook the role of wealthy Western countries in designing the systems that refugees must navigate in order to access support and assistance; as it turns out, these systems are often complex, inefficient, unfair, and haphazard.In No Refuge: Ethics and the Global Refugee Crisis (Oxford UP, 2020), Serena Parekh argues that the refugee crisis needs to be understood as two crises: one crisis focused on the moral responsibilities of wealthy Western countries in hosting refugees, and another having to do with the obstacles and impediments that refugees confront in accessing assistance.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law