New Books in Law

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Sep 16, 2020 • 1h 2min

Kathryn Sikkink, "The Hidden Face of Rights: Toward a Politics of Responsibilities" (Yale UP, 2020)

In her latest book, The Hidden Face of Rights: Toward a Politics of Responsibilities (Yale University Press), Kathryn Sikkink puts forward a framework of rights and responsibilities; moving beyond the language of rights that has come to dominate scholarship and activism, she makes the case that human rights cannot be truly implemented unless we also recognise that there are corresponding obligations to implement those rights.Recognising that talk of responsibility, obligation and duty are often unpopular - because people do not like to be told what they ‘should’ do - Sikkink advocates that we rethink how we conceive of responsibility – it should not be limited to backward-looking blame attribution, but should be expanded to become one of forward-looking responsibility; instead of just asking who is to blame, responsibility should be expanded to ‘what together can we do?’In making this argument, she focuses on five key areas – climate change, voting, digital privacy, freedom of speech, and sexual assault - to demonstrate how responsibility is engaged. She provides many examples of grass-roots initiatives where people can choose to adopt the rights and responsibilities model for collective action.There are fewer more pertinent concerns for our times. Sikkink’s book will make you rethink your own responsibilities, and as a citizen of the world, ‘what together we can do’.Kathryn Sikkink is the Ryan Family Professor of Human Rights Policy at the Harvard Kennedy School of Government.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
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Sep 16, 2020 • 1h 13min

Nadine Strossen, “Hate: Why We Should Resist it With Free Speech, Not Censorship” (Oxford UP, 2020)

The updated paperback edition of Hate: Why We Should Resist it With Free Speech, Not Censorship (Oxford University Press) dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony.As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm.Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries.Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.New York Law School professor Nadine Strossen, the immediate past President of the American Civil Liberties Union (1991-2008), is a leading expert and frequent speaker/media commentator on constitutional law and civil liberties, who has testified before Congress on multiple occasions.Arya Hariharan is a lawyer in politics. She spends much of her time working on congressional investigations and addressing challenges to the rule of law. You can reach her via email or Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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Sep 11, 2020 • 49min

Edward C. Valandra, "Colorizing Restorative Justice: Voicing Our Realities" (Living Justice Press, 2020)

Colorizing Restorative Justice: Voicing Our Realities (Living Justice Press, 2020) consists of stories that have arisen from the lived experiences of a broad range of seasoned, loving restorative justice practitioners of color—mostly women—who have fiercely unearthed realities about devastation caused by white practitioners who have unthinkingly worked without a racial or social justice consciousness. This book is thus a wake-up call for European-descended restorative justice practitioners as it is validating for Indigenous practitioners and practitioners of color and enlightening for anyone wishing to explore the intersections of indigeneity, racial justice, and restorative justice.The authors of Colorizing Restorative Justice: Voicing Our Realities are Desirée Anderson, Rochelle Arms Almengor, Michelle Armster, Belinda Dulin, Leon Dundas, Sharon Goens-Bradley, Janice Jerome, Gaye Lang, Erica Littlewolf, Shameeka Mattis, Abdul-Malik Muhammad, Christianne Paras, Christina Parker, Gilbert Salazar, Victor Jose Santana, Barbara Sherrod, Johonna Turner, Edward C Valandra, Waŋbli Wapȟáha Hokšíla, Anita Wadhwa, Sheryl R. Wilson, and Robert G. Yazzie.Dr. Edward C Valandra, Waŋbli Wapȟáha Hokšíla is Sičáŋǧu Thitȟuŋwaŋ and was born and raised on the Rosebud Sioux Reservation. He has served his Sičáŋǧu Thitȟuŋwaŋ Oyáte nation on the Rosebud Sioux Tribal Council, as an Inter-Tribal Bison Cooperative (ITBC) Board of Directors representative, and as his nation’s seven-member Constitutional Task Force. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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Sep 9, 2020 • 52min

Alexander Kaye, "The Invention of Jewish Theocracy: The Struggle for Legal Authority in Modern Israel" (Oxford UP, 2020)

The tension between secular politics and religious fundamentalism is a problem shared by many modern states. This is certainly true of the State of Israel, where the religious-secular schism provokes conflict at every level of society. Driving this schism is the idea of the halakhic state, the demand by many religious Jews that Israel should be governed by the law of the Torah as interpreted by Orthodox rabbis.The Invention of Jewish Theocracy: The Struggle for Legal Authority in Modern Israel (Oxford University Press) traces the origins of the idea, its development, and its crucial importance in Israel's past and present. The book also shows how the history of this idea engages with burning contemporary debates on questions of global human rights, the role of religion in Middle East conflicts, and the long-term consequences of European imperialism.The Invention of Jewish Theocracy is an intellectual history, based on newly discovered material from numerous Israeli archives, private correspondence, court records, and lesser-known published works. It explains why the idea of the halakhic state emerged when it did, what happened after it initially failed to take hold, and how it has regained popularity in recent decades, provoking cultural conflict that has severely shaken Israeli society.The book's historical analysis gives rise to two wide-reaching insights. First, it argues that religious politics in Israel can be understood only within the context of the largely secular history of European nationalism and not, as is commonly argued, as an anomalous exception to it. It shows how even religious Jews most opposed to modern political thought nevertheless absorbed the fundamental assumptions of modern European political thought and reread their own religious traditions onto that model.Second, it demonstrates that religious-secular tensions are built into the intellectual foundations of Israel rather than being the outcome of major events like the 1967 War. These insights have significant ramifications for the understanding of the modern state. In particular, the account of the blurring of the categories of "secular" and "religious" illustrated in the book are relevant to all studies of modern history and to scholars of the intersection of religion and human rights.Alexander Kaye, Karl, Harry, and Helen Stoll Chair of Israel Studies; Assistant Professor, Department of Near East and Judaic Studies, Brandeis University.Renee Garfinkel, Ph.D. is a Jerusalem-based psychologist, Middle East television commentator, and host of the Van Leer Jerusalem Series on Ideas with Renee Garfinkel https://newbooksnetwork.com/category/van-leer-institute/ Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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Sep 8, 2020 • 1h 11min

Jessica Whyte, "Morals of the Market: Human Rights and the Rise of Neoliberalism" (Verso, 2019)

Drawing on detailed archival research on the parallel histories of human rights and neoliberalism, in Morals of the Market: Human Rights and the Rise of Neoliberalism (Verso), Jessica Whyte uncovers the place of human rights in neoliberal attempts to develop a moral framework for a market society.In the wake of the Second World War, neoliberals saw demands for new rights to social welfare and self-determination as threats to “civilisation”. Yet, rather than rejecting rights, they developed a distinctive account of human rights as tools to depoliticise civil society, protect private investments and shape liberal subjects.Jessica Whyte is Scientia Associate Professor of Philosophy at the University of New South Wales. She has published widely on human rights, humanitarianism, sovereignty and war. She is author of Catastrophe and Redemption: The Political Thought of Giorgio Agamben, (SUNY 2013) and The Morals of the Market: Human Rights and the Rise of Neoliberalism (Verso, 2019) and an editor of Humanity: An International Journal of Human Rights, Humanitarianism and Development. More of her research is available here: https://unsw.academia.edu/JessicaWhyteDr Alexandra Ortolja-Baird is a visiting researcher at the British Museum and teaches Digital Humanities at University College London. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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Sep 8, 2020 • 58min

Gema Kloppe-Santamaría, "Vortex of Violence: Lynching, Extralegal Justice, and the State in Post-Revolutionary Mexico" (U California Press, 2020)

In her new book In the Vortex of Violence: Lynching, Extralegal Justice, and the State in Post-Revolutionary Mexico (University of California Press), Gema Kloppe-Santamaría examines the history of violence enacted by groups against alleged transgressors who claimed to bring justice while acting beyond the rule of law.Focusing on the 1930s to 1950s, this book explores the roots of a phenomenon often mistakenly assumed to be a result of neoliberalism in Mexico and elsewhere in Latin America. Kloppe-Santamaría finds that extralegal violence was not a response to the absence of the state nor to increased crime levels, nor is it connected to traditional practices. Instead, lynching is a complex, political act that commonly occurred in urban and rural communities in Mexico.In these locales, the state was not absent, but some citizens rejected its forms of justice and deplored modernization programs that sought to remake their everyday practices. But state officials could condone or even participate in lynchings. Communities also used extralegal justice to correct perceived crimes against the Church and Catholic values, or to target threatening individuals who could be accused of witchcraft or other mythical offenses.The Mexican press avidly covered lynchings as spectacles, but the press did not always decry lynching and often suggested it was a necessary, moral act in the absence of speedy, fair legal justice from the state. This book is in dialogue with scholarship on lynching in the United States and illustrates the relevance of the Mexican case for scholars of extralegal violence in other places.Gema Kloppe-Santamaría is Assistant Professor of Latin American History at Loyola University Chicago.Rachel Grace Newman is Lecturer in the History of the Global South at Smith College. She has a Ph.D. in History from Columbia University. Her book manuscript in progress is titled Study Abroad, Transnational Youth, and the Politics of Modernization in Mexico. She is also the author of a book on a binational education program for Mexican migrant children. She is on Twitter (@rachelgnew). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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Sep 7, 2020 • 38min

Carolyn J. Dean, "The Moral Witness: Trials and Testimony after Genocide" (Cornell UP, 2019)

The Moral Witness: Trials and Testimony after Genocide (Cornell University Press, 2019) is the first cultural history of the "witness to genocide" in the West. Carolyn J. Dean shows how the witness became a protagonist of twentieth-century moral culture by tracing the emergence of this figure in courtroom battles from the 1920s to the 1960s―covering the Armenian genocide, the Ukrainian pogroms, the Soviet Gulag, and the trial of Adolf Eichmann. In these trials, witness testimonies differentiated the crime of genocide from war crimes and began to form our understanding of modern political and cultural murder.By the turn of the twentieth century, the "witness to genocide" became a pervasive icon of suffering humanity and a symbol of western moral conscience. Dean sheds new light on the recent global focus on survivors' trauma. Only by placing the moral witness in a longer historical trajectory, she demonstrates, can we understand how the stories we tell about survivor testimony have shaped both our past and contemporary moral culture. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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Sep 4, 2020 • 35min

J. Herbst and S. Lovegrove, "Brexit And Financial Regulation" (Oxford UP, 2020)

The UK’s transition from legally withdrawing from the EU to leaving the union’s single market will come to an end at midnight on December 31 with no successor trade agreement yet in place.For the UK’s financial sector, which accounts for 7% of the country’s economy and a million of its jobs, whether there is such an agreement and what shape it takes really matters.In Brexit and Financial Regulation (Oxford University Press, 2020), co-editors Jonathan Herbst and Simon Lovegrove have corralled 26 lawyers from 12 leading firms and chambers to explain why.Between them, they cover the history of the withdrawal process, the likely impact of Brexit on regulations of everything from how bankers are rewarded for success to how insolvent banks are wound up, and what could happen next in the negotiations.Jonathan Herbst is Global Head of Financial Services Regulation at law firm Norton Rose Fulbright.Tim Gwynn Jones is an economic and political-risk analyst at Medley Global Advisors. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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Sep 1, 2020 • 1h 43min

Matthew D. Wright, "A Vindication of Politics: On the Common Good and Human Flourishing" (UP of Kansas, 2019)

Rancor reigns in American politics. It is possible these days to regard politics as an arena that enriches and ennobles?Matthew D. Wright responds with a resounding yes in his 2019 book, A Vindication of Politics: On the Common Good and Human Flourishing (UP of Kansas, 2019).Wright takes issue with the instrumentalist view of politics and walks readers through key debates in the field of natural law and the ideas of titans in it, primarily John Finnis and Alasdair MacIntyre but discussing along the way some of their peers such as Robert P. George and Mark Murphy.In the section of the book on the relationship of government and the state to family matters, Wright takes on the notions of Amy Gutmann and Robin West, which allow for a level of interference in the family sphere greater than conservative thinkers could ever conceive of countenancing.Not only are living thinkers addressed but so are such figures as Aristotle, Edmund Burke and Abraham Lincoln.Wright shows us how to conduct ourselves on the basis of civic friendship, another major theme in his book.With Wright’s help, we learn what terms such as “the common good” and “human flourishing” mean in both everyday life and in the field of philosophy. He clarifies what terms such as “political culture,” “political association” and “political community” mean and enables us to grasp what it means to “think institutionally” and what the “moral imagination” is.Wright is hearteningly hopeful and shows that being part of a political community is easier than we think, is character building and is more vital than ever. His book is indeed a vindication of a part of human society, politics, that we cannot escape and which encompasses everything from the workings of the individual family to what love, justice and virtue look like through the lens of politics.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
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Sep 1, 2020 • 56min

Sara Mayeux, "Free Justice: A History of the Public Defender in Twentieth-Century America" (UNC Press, 2020)

Sara Mayeux is the author of Free Justice: A History of the Public Defender in Twentieth-Century America, published by the University of North Carolina Press in 2020. Free Justice explores the rise, both in the idea and practice, of the public defender throughout the 20th Century. More than just a strict legal history of the profession, Dr. Mayeux’s work looks beyond the confines of the courtroom or law firm to explore how the public defender was representative of changing ideas of not just law, but American identity. Free Justice expands our knowledge of how and why public defenders became as ubiquitous as they are today.Dr. Mayeux is an Associate Professor of Law at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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