New Books in Law

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

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

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

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

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

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

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

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

States of Justice: The Politics of the International Criminal Court (Cambridge University Press, 2020) theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, the book contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states’ interests, and the global governance of atrocity crimes: first, the strategic use of self-referrals to the ICC; second, complementarity between the national and the international justice systems; third, the limits of state cooperation with international courts; and fourth, the use of international courts in domestic political conflicts.Oumar Ba is an assistant professor of political science at Morehouse College. The draft manuscript on which his book was based was the 2019 International Studies Association (ISA) Northeast Scholars’ Circle honoree. In 2020, Opinio Juris hosted a symposium on States of Justice, and Africa is a Country hosted a discussion on race and international relations with Oumar Ba and Samar al-Bulushi.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

Renisa Mawani’s Across Oceans of Law: The Komagata Maru and Jurisdiction in the Time of Empire (Duke University Press), take us to 1914, when the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta.In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"—a mode of thinking and writing that repositions land and sea—Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds.Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.Renisa Mawani is currently Professor in the Department of Sociology at the University of British Columbia and recurring Chair of the Law and Society Program. Other affiliations at UBC include: Faculty Associate, Peter Wall Institute for Advanced Studies, the Institute for Race, Gender, Sexuality, and Social Justice, Green College, and the Science and Technology Studies Program. Mawani is the author of Colonial Proximities: Crossracial Encounters and Juridical Truths in British Columbia, 1871–1921.Ahmed Yaqoub AlMaazmi is a Ph.D. candidate at Princeton University. His research focuses on the intersection of law and the environment across the western Indian Ocean. He can be reached by email at almaazmi@princeton.edu or on Twitter @Ahmed_Yaqoub. Listeners’ feedback, questions, and book suggestions are most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law