New Books in Law

Punjab was the arena of one of the first major armed conflicts of post-colonial India. During its deadliest decade, as many as 250,000 people were killed. This book makes an urgent intervention in the history of the conflict, which to date has been characterized by a fixation on sensational violence—or ignored altogether. In her book Faith, Gender, and Activism in the Punjab Conflict: The Wheat Fields Still Whisper (Palgrave Macmillan, 2019), Mallika Kaur unearths the stories of three people who found themselves at the center of Punjab’s human rights movement: Baljit Kaur, who armed herself with a video camera to record essential evidence of the conflict; Justice Ajit Singh Bains, who became a beloved “people’s judge”; and Inderjit Singh Jaijee, who returned to Punjab to document abuses even as other elites were fleeing. Together, they are credited with saving countless lives. Braiding oral histories, personal snapshots, and primary documents recovered from at-risk archives, Kaur shows that when entire conflicts are marginalized, we miss essential stories: stories of faith, feminist action, and the power of citizen-activists.Sneha Annavarapu is a doctoral candidate in the Department of Sociology at the University of Chicago. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

As British colonial rulers expanded their control in South Asia legal resolutions were increasingly shaped by the English classification of social life. The definitional divide that structured the role of law in most cases was the line between what was deemed religious versus secular.In Governing Islam: Law, Empire, and Secularism in Modern South Asia (Cambridge University Press, 2018), Julia Stephens, Assistant Professor in the Department of History at Rutgers University, examines how Islam and Muslims were regulated within legal domains that managed various spheres of life. British rule determined that religious laws were most effective in governing family affairs but secular laws would govern markets and transactions. What complicated this simple binary was that Islamic “personal law” was very often bound up with economic issues. In our conversation we discuss British notions of “secular governance,” marriage and women’s property, the role of custom in legal reasoning, rulings around ritual and challenges to conformity, the construction of “personal law,” the relationships between colonial judges and Muslim legal scholars, how colonial law contributed to women’s economic marginalization, the relationship between gender and Islamic law, tensions between Hindus and Muslims, and how South Asia’s past can help us think about the present.Kristian Petersen is an Assistant Professor of Philosophy & Religious Studies at Old Dominion University. You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at kpeterse@odu.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Sexual States: Governance and the Struggle over the Antisodomy Law in India (Duke UP, 2016), Jyoti Puri tracks the efforts to decriminalize homosexuality in India to show how the regulation of sexuality is fundamentally tied to the creation and enduring existence of the state. Since 2001 activists have attempted to rewrite Section 377 of the Indian Penal Code, which in addition to outlawing homosexual behavior is often used to prosecute a range of activities and groups that are considered perverse. Having interviewed activists and NGO workers throughout five metropolitan centers, investigated crime statistics and case law, visited various state institutions, and met with the police, Puri found that Section 377 is but one element of how homosexuality is regulated in India.Through a cleverly conceptualized multi-sited ethnography and rigorous historical analysis, Puri masterfully shows how the hypervisibility of Section 377 has consequences for the ways in which sexuality, and the regulation of sexuality, is imagined and reproduced in rationalities of governance.This statute works alongside the large and complex system of laws, practices, policies, and discourses intended to mitigate sexuality's threat to the social order while upholding the state as inevitable, legitimate, and indispensable. By highlighting the various means through which the regulation of sexuality constitutes India's heterogeneous and fragmented "sexual state," Puri provides a conceptual framework to understand the links between sexuality and the state more broadly. That it does so in the context of a postcolonial state like India makes the conceptual framework even more vibrant and provocative. This book is an invaluable contribution to the existing literature that delves into the paradoxes and possibilities of law, biopolitics, and state power and authority in everyday life.Sneha Annavarapu is a doctoral candidate in the Department of Sociology at the University of Chicago. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Beginning with Etan Patz's disappearance in Manhattan in 1979, a spate of high-profile cases of missing and murdered children stoked anxieties about the threats of child kidnapping and exploitation. Publicized through an emerging twenty-four-hour news cycle, these cases supplied evidence of what some commentators dubbed "a national epidemic" of child abductions committed by "strangers."In Stranger Danger: Family Values, Childhood, and the American Carceral State (Oxford University Press, 2020), Paul M. Renfro narrates how the bereaved parents of missing and slain children turned their grief into a mass movement and, alongside journalists and policymakers from both major political parties, propelled a moral panic. Leveraging larger cultural fears concerning familial and national decline, these child safety crusaders warned Americans of a supposedly widespread and worsening child kidnapping threat, erroneously claiming that as many as fifty thousand American children fell victim to stranger abductions annually. The actual figure was (and remains) between one hundred and three hundred, and kidnappings perpetrated by family members and acquaintances occur far more frequently. Yet such exaggerated statistics-and the emotionally resonant images and narratives deployed behind them-led to the creation of new legal and cultural instruments designed to keep children safe and to punish the "strangers" who ostensibly wished them harm. Ranging from extensive child fingerprinting drives to the milk carton campaign, from the AMBER Alerts that periodically rattle Americans' smart phones to the nation's sprawling system of sex offender registration, these instruments have widened the reach of the carceral state and intensified surveillance practices focused on children.Stranger Danger reveals the transformative power of this moral panic on American politics and culture, showing how ideas and images of endangered childhood helped build a more punitive American state.Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

“Never again!” This was the rallying cry, seemingly universal and unanimous, among liberal nation-states as they formed the United Nations (UN) in 1945 and later signed the UN Declaration on Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide in 1948. Emerging from the ashes of a global war that took some 60 million lives, and after witnessing the atrocities of Nazi Germany, a worldwide community appeared resolute in its commitment to not only condemn, but to also strive to prevent future “crimes against humanity.”In The Refugee Challenge in Post-Cold War America (Oxford University Press, 2017), María Cristina García evaluates how the end of the Cold War brought new and unanticipated challenges to upholding this commitment from 1989 to the present. Through nine case studies that examine the central actors, debates, policies, and conflicts that have shaped the U.S. response to humanitarian crises in the post-Cold War era, Dr. García explains the tensions that exist between different branches of government, the increasing importance of advocacy work by the humanitarian community, and the emergence of a deeply complicated asylum bureaucracy. Weighing the competing forces of fear and advocacy, García skillfully demonstrates the obsoleteness of the current definition of “refugee” in US statute. In its place, she argues for historically informed policies that address the realities of displacement in today’s world.David-James Gonzales (DJ) is Assistant Professor of History at Brigham Young University. He is a historian of migration, urbanization, and social movements in the U.S., and specializes in Latina/o/x politics. Follow him on Twitter @djgonzoPhD. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Cars are among our most ubiquitous technologies; one could say that the cultural lore of the postwar United States is written in tire marks. But as much as they have been a vehicle for liberation and expression, historian Lee Vinsel argues that automobiles have been shaped by government regulation through and through.In Moving Violations: Automobiles, Experts, and Regulations in the United States (Johns Hopkins University Press, 2019), Vinsel combats the free market doctrine that auto regulation is fundamentally opposed to innovation. In part, he does this by historicizing the animus against regulation and the “innovation speak” that emerged in its wake. But the book itself makes a compelling argument for how the automobile has always been perceived by voluntary associations and governing bodies as a risk in need of taming. These shifting perceptions formed the basis for infrastructures that made the car into a more dependable, safer, and cleaner technology. Vinsel’s engaging narrative provides a model for studying technology and governance in the postwar U.S. in which policy instruments, built environments, and constructions of the human subject all share the road.Mikey McGovern is a PhD candidate in Princeton University’s Program in the History of Science. He is writing a dissertation on how people used discrimination statistics to argue about rights in 1970s America, and what this means for histories of bureaucracy, quantification, law, politics, and race. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Howard Friedman's new book Ultimate Price: The Value We Place on Life (University of California Press, 2020) should be required reading for anyone sitting down to watch the evening news. The Covid-19 crisis is, unfortunately, a new broad-based instance in the valuation of human life. And I do mean value: in terms of cash dollars. Ultimate Price covers the ways that companies, courts, nations, and individuals have come to put a price tag on individual existence. While the book was written prior to the current situation, it provides an excellent starting point to understand what we are observing as governments, companies, healthcare providers, and individuals make life-and-death decisions.Daniel Peris is Senior Vice President at Federated Investors in Pittsburgh. Trained as a historian of modern Russia, he is the author most recently of Getting Back to Business: Why Modern Portfolio Theory Fails Investors. You can follow him on Twitter @HistoryInvestor or at http://www.strategicdividendinvestor.com Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Incivility in our public discourse is limiting our ability to get things done as a nation and preventing us from expressing ourselves in workplaces and classrooms for fear of offending those with real or imagined historical grievances or even merely strongly held views. If you agree with that, then Adam J. MacLeod’s book The Age of Selfies: Reasoning About Rights When the Stakes Are Personal (Rowman & Littlefield, 2020) is the book for you. Alternatively, if you think such fears are overblown and just a nefarious argument advanced by a self-serving elite to justify a return to establishment rule this is likewise the book for you. Why both audiences? Because this important volume is all about how to go about thinking and reasoning and the role morality plays in those processes.In his book, MacLeod argues that due to the decline in moral education young people he dubs “selfies” have entered academia and the workplace without moral cores and are so riven with narcissism and a sense of entitlement that they are unable to think of the common good and are quick to take umbrage at any sort of questioning of their own personal preferences.According to MacLeod, a return to a larger place for openly moral arguments will enrich American life and enhance governance. To MacLeod, the misguided view of past decades that morality should play no part in policy making and that strict neutrality should be observed in the public square has only resulted in an acrimony-generating impoverishment of ideas and options. He suggests that the legal and philosophical concept of natural law can heal the ailing body politic and help soften divisions--or at least clarify, in a civilized way, what is at stake.In short, he wants us to learn how to “disagree well.” 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

What happens when a court tries to become a “new” court? What happens to the many artifacts of its history—previous laws and jurisprudence, the building that it inhabits, the people who weave in and out of it?This is the question that grounds Alex Jeffrey’s new book, The Edge of Law: Legal Geographies of a War Crimes Court (Cambridge University Press, 2020), which explores the making of the Court of Bosnia and Herzegovina. Through extensive engagements with the different actors working in and around the Court, as well as with the Court itself, Jeffrey shows how the law is productive of many different edges, which are themselves both practical (in the sense that they reflect real-world conditions) and idealized (in the sense that they allow the law to take responsibility for some things but not others). By looking at the ways that a court that is imagined to be above the small concerns of the world that it inhabits must, in fact, encounter those small concerns, Jeffrey is able to shine light on the ways that courts, too, are socialized.Dino Kadich is a PhD student at the University of Cambridge. You can follow him on Twitter, @dinokadich. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Have you ever thought about how much energy goes into avoiding sexual violence? The work that goes into feeling safe goes largely unnoticed by the women doing it and by the wider world, and yet women and girls are the first to be blamed the inevitable times when it fails.We need to change the story on rape prevention and ‘well-meaning’ safety advice, because this makes it harder for women and girls to speak out, and hides the amount of work they are already doing trying to decipher ‘the right amount of panic’. With real-life accounts of women’s experiences, and based on the author’s original research on the impact of sexual harassment in public, this book challenges victim-blaming and highlights the need to show women as capable, powerful and skillful in their everyday resistance to harassment and sexual violence.In this interview, Dr. Fiona Vera-Gray and I discuss the fear of crime paradox, factors that contribute to fear of crime, the concept of safety work, and how we can move forward in combating sexual harassment and violence against women. I recommend this book for anyone interested in gender, victimology, women’s practices of safety work and experiences with sexual harassment and sexual violence. I thoroughly enjoyed our conversation about such important work.Dr. Fiona Vera-Gray, author of The Right Amount of Panic: How Women Trade Freedom for Safety (Polity Press, 2018). Dr. Vera-Gray is a researcher based at Durham University working on violence against women and girls. She has over a decade of frontline experience in sexual violence and has written widely on the topics of sexual violence, sexual harassment, women’s safety work, and sexual violence prevention. You can find her on Twitter at @VeraGrayF.Krystina Millar is a PhD student in the Department of Sociology at Indiana University. Her research interests include gender, sociology of the body, and sexuality. You can find her on Twitter at @KrystinaMillar. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law