New Books in Law

John Rawls is easily the most celebrated and influential political philosopher of the 20th Century, and his impact remains remarkably strong today.  The central concepts with which his theory of justice begins are now components of the philosophical vernacular: The Original Position, Veil of Ignorance, Primary Goods, and his Two Principles of Justice (especially the Difference Principle) all will be well known to the majority of professional philosophers.  It is less commonly acknowledged that the apparatus just referenced is but the beginning of his theory, and not its ultimate concern.  Throughout his work, Rawls is attempting to address a fundamental philosophical question: Can a society committed to the freedom and equality of its citizens yet arrange social institutions in a way that reliably cultivate within persons the attitudes and dispositions required for social justice? In John Rawls: Reticent Socialist (Cambridge UP, 2017), William A. Edmundson argues that Rawlsian justice calls for a socialist economic order.  Could it be that America’s premiere political philosopher was a socialist? Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Roosevelt University political science professor David Faris counsels Democrats to disregard procedural precedents and niceties, and pugnaciously wield power in his book, It’s Time to Fight Dirty: How Democrats Can Build a Lasting Majority in American Politics (Melville House, 2018). As Faris explains in this interview, he doesn’t mean Democrats should run smear campaigns against Republican candidates. He proposes creative and aggressive rules changes within the structure of Constitution. For example, he recommends Democrats scrap the legislative filibuster, end lifetime tenure for Supreme Court justices and break up California into seven states to expand Democratic power in the Senate. Faris argues that the Republican denial of the Merrick Garland Supreme Court nomination proves that parties do not suffer political consequences from playing political hardball. Furthermore, he argues that his reforms would make democracy work better, and not erode trust in democratic institutions. Bill Scher is a Contributing Editor for POLITICO Magazine. He has provided political commentary on CNN, NPR and MSNBC. He has been published in The New York Times, The New Republic, and The New York Daily News among other publications. He is author of Wait! Don’t Move to Canada, published by Rodale in 2006. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It’s common to place the start of the War on Drugs with the Nixon or Reagan Administrations, but as Matthew Pembleton tells us, those are only phases II and III of a much longer drug war that began in the 1930s with the long-forgotten Federal Bureau of Narcotics. In his new book Containing Addiction: The Federal Bureau of Narcotics and the Origins of America’s Global Drug Wars (University of Massachusetts Press, 2017), Matt tell us about that agency’s history, the charismatic and controversial men who led it and served as its agents around the globe, and the ways in which the current opioid epidemic echoes an enduring pattern of drug use and misuse in the U.S. 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

Ian James Kidd is an Assistant Professor of Philosophy at University of Nottingham with research interests in epistemology, vices, epistemic justice, and illness. He is a co-author of the recently published The Routledge Handbook of Epistemic Justice.The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jon D. Michaels, a professor of law at UCLA Law School, has written an argument in favor of the administrative state and against recent efforts to shift government functions to private contractors.  In Constitutional Coup: Privatization’s Threat to the American Republic (Harvard University Press, 2017), Professor Michaels contends that the administrative state of the New Deal and post-World War II periods was a state that rightly fulfilled state functions by having an administrative entity and its dedicated employees carry out regulatory functions, rule-making, and adjudication.  Professor Michaels rejects the claim that bureaucrats are a threat to the proper functioning of government; and instead argues that they are experts that serve as a counterweight to politically motivated appointed agency heads.  He sees in the modern administrative state a recreation of the separation of powers (legislative, executive, and judicial) that harkens back to the Founders’ concerns about consolidated power and tyranny. Professor Michaels sees the efforts to private state functions as endangering our democratic system of government by placing private actors in too powerful positions, wherein state functions are subordinated to the concerns of private actors, all to the detriment of the public.  Professor Michaels addresses the politically contentious issues of the efficiency of public employees, private interests capturing public functions, and whether the modern regulatory state is constitutional. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Western concept of democracy has a lineage dating back to the classical world. Paul Cartledge’s book Democracy: A Life (Oxford University Press, 2016) details its origins in ancient Greece and its evolution of it as a theory over the course of the 2,500 years since then. As he explains, what people think of as “classical Greek” democracy was primarily the Athenian concept of it, which was one of several versions that emerged during the Hellenic era. Though typically viewed as at its peak during the days of the Athenian empire, Cartledge sees the “golden age” of democracy as taking place in the 4th century BCE rather than in the preceding one, a shift which attests to the endurance of democracy as a governing system. It was during Roman times when the practice of democracy declined, to the point where it was often seen as a failed or impractical system during the Middle Ages. It was not until the 17th century when democracy staged a comeback in the West, with its advocates in the 18th and 19th centuries championing it as the best possible form of government – a status it continues to hold in the West even with the strains it faces today. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Appeals to “press freedom” can be heard from across the political spectrum. But what those appeals mean varies dramatically. Sam Lebovic, in his excellent new book, Free Speech and Unfree News: The Paradox of Press Freedom in America (Harvard University Press, 2016), traces the fraught history of that contested concept throughout the twentieth century. Beginning his analysis in the 1920s, Lebovic shows how conservative politicians, lawyers, and publishers began to define press freedom as freedom from state censorship, wrapped it in the first amendment, and fought New Deal attempts at regulation. Meanwhile, liberal politicians and journalists feared corporate control of the press as a threat to the democratic need for information, and advocated a freer and more trustworthy press. Not interested solely in the debates over press freedom, Lebovic also focuses on, what he calls, “the everyday politics of information.” He reveals how state classification practices and the political economy of the news fundamentally shaped how information flowed. It is an ambitious book that succeeds in telling a crucial story and it should inform contemporary approaches to press monopolization and the ever-growing “classified universe.” The book will interest intellectual historians, communications scholars, legal historians, political historians, and historians of U.S. foreign relations. Dexter Fergie is a first-year PhD student of US and global history at Northwestern University. He is currently researching the 20th century geopolitical history of information and communications networks. He can be reached by email at dexter.fergie@u.northwestern.edu or on Twitter @DexterFergie. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

​In The Talmud: A Biography (Princeton University Press, 2018), Barry Scott Wimpfheimer, associate professor of religious studies and law at Northwestern University, introduces the reader to the Babylonian Talmud, the most studied book in the Jewish canon. Professor Wimpfheimer focuses on one excerpt from the Talmud, showing how its reception, exegesis, and editing represents a process of reflexive critique and legal reasoning. ​A valuable text for scholars and general readers alike, The Talmud: A Biography helps the reader gain new appreciation for the Talmud as a dense tapestry of religious thought, philosophy, law, and ethics that continues to influence not only the Jewish religion, but religious and secular cultures and institutions worldwide. David Gottlieb will receive his PhD in the History of Judaism from the University of Chicago Divinity School in June. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Stephen Riley, a lecturer in the Law School of the University of Leicester in Britain, has written a philosophical work examining the concept of dignity and its role in legal theory and, to a degree, the application of law.  In Human Dignity and Law: Legal and Philosophical Investigations (Routledge, 2018), Riley argues that the role of human dignity should be recognized by courts and all of society, but he is wary of such a concept becoming a trump card in a court’s decision-making process.  He notes that the concerns of justice and equality need to be recognized by courts but court must be aware of the infrequent instances when the demands of dignity are in conflict with the demands of justice.  In this podcast we discuss the definition of human dignity, the author’s philosophical orientation, and the applications of the concept of dignity has been applied by courts in different settings. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The use of our data and the privacy, or lack thereof, that we have when we go online has become a topic of increasing importance as technology becomes ubiquitous and more sophisticated. Governments, advocacy groups and individual citizens are demanding that action be taken to protect their valuable data. But what does this sporadic noise amount to? B.J. Mendelson in his book Privacy: And How to Get It Back (Curious Reads, 2017) argues that a complacent citizenry and the overly-intimate relationship that corporations have with government has led to massive breaches of people’s privacy. Mendelson humorously explains the way people’s data is used and abused as he tracks the long history of government surveillance leading to an explanation of, what he believes, could be the solution to the abuse of people’s privacy. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law