New Books in Law

Within a few generations after the death of Muhammad Muslims developed complex legal and theological traditions that shaped the boundaries of what was deemed Islamic. In Coercion and Responsibility in Islam: A Study in Ethics and Law (Oxford University Press, 2017), Mairaj Syed, Associate Professor of Religious Studies at University of California, Davis, examines how the constraints of interpretive traditions were tested under questions of coercion. He demonstrates that very often theological and legal reasoning moves beyond our expectations and interpretive conclusions are contradictory within seemingly uniform schools. He shows how members of the Mu’tazila and Ashari schools of theology determine the legal and moral responsibility of individuals who have been pressured to say or do something under coercive conditions. He also explores Hanafi and Shafi’i legal definitions of coercion and the various types of reasoning principles for drawing what is licit. These conundrums are hashed out through hypothetical coerced speech acts, such as proclamations of divorce, sale transactions, or legal acknowledgement, and coerced harm, as in rape or homicide. In our conversation we discuss moral agency, the formative period of legal and theological traditions, conventional presumptions about these legal and theological schools, how tradition works, interpretive ambiguity within schools of thought, various instances of coercion, wrestling with the vast amount of hadith literature, and the fashioning of interpretive norms. Kristian Petersen is an Assistant Professor of Religious Studies at the University of Nebraska Omaha. He is the author of Interpreting Islam in China: Pilgrimage, Scripture, and Language in the Han Kitab (Oxford University Press, 2017). He is currently working on a monograph entitled The Cinematic Lives of Muslims, and is the editor of the forthcoming volumes Muslims in the Movies: A Global Anthology (ILEX Foundation) and New Approaches to Islam in Film (Routledge). You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at kjpetersen@unomaha.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this podcast I talk with Tracy A. Thomas about her book Elizabeth Cady Stanton and the Feminist Foundations of Family Law (New York University Press, 2016). Professor Thomas is the John F. Seiberling Chair of Constitutional Law and Director of the Constitutional Law Center at the University of Akron School of Law. She is also editor of the Gender and the Law Prof Blog. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In New Treaty, New Tradition: Reconciling New Zealand and Maori Law (University of British Columbia Press, 2016), Carwyn Jones, Senior Lecturer in the School of Law at Victoria University of Wellington in New Zealand, explores Māori law and legal traditions with an eye on how they ebb and flow with changing social, environmental, and political circumstances in New Zealand. From the Treaty of Waitangi to recent land claim resolutions, Jones argues that genuine reconciliation needs to take into account Indigenous traditions in the settlement process. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the late 19th century New York socialites enjoyed a newfound celebrity status thanks to their conspicuous wealth and the attention of the rapidly expanding newspaper industry. Many of these women sought to use their status to promote causes important to them, most notably the suffrage movement. Johanna Neuman‘s Gilded Suffragists: The New York Socialites Who Fought for Women’s Right to Vote (New York University Press, 2017) describes the role they played in the suffrage campaigns in fin-de-siecle America, one that saw social rank exploited to advance a radical cause. As Neuman explains, their efforts in support of the enfranchisement of women were the most dramatic example of their growing degree of involvement in public affairs, as elite women worked to advance a variety of causes dear to them. Coming at a time when the suffrage movement was becalmed by setbacks and disagreements over goals, their participation gave the effort much-needed resources and energy. By organizing rallies, raising funds, and even campaigning personally on behalf of suffrage measures and against anti-suffrage politicians, their contributions played a vital role in winning for women the right to vote, both in New York and nationally. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The relationship between religion and economic activity has attracted generations of scholars working in myriad settings. In recent years, many have turned to questions of how Islamic ideas are generative of economic activity, to Islamic finance and capital, and to the relationship between contemporary Islam and capitalism more broadly. In Corporate Islam: Sharia and the Modern Workplace (Cambridge University Press, 2017), Patricia Sloane-White builds on this work by asking “not only how the spread of global capitalism transforms the lives of Muslims… but how capitalism empowers the spread of Islam.” Drawing from interviews and ethnographic fieldwork over a seven-year period, and a wealth of knowledge from over two decades of research in Malaysia, Sloane-White argues that the “sharia space” of the today’s corporate Islamic workplace is a third domain between the public and the private in which employees must submit to the guidance of their professional and personal lives by men who insist that their businesses can and must be both profitable and pious. Patricia Sloane-White joins New Books in Southeast Asian Studies to talk about Malaysia’s self-styled men of the mosque and the market; the new nexus between Islamic scholars and CEOs; the decline of the bumiputera generation; sexuality, gendered divisions of labour, and the problem of patriarchy in the capitalist workplace everywhere. Listeners of this episode may also be interested in: Iza Hussin, The Politics of Islamic Law: Local Elites, Colonial Authority and the Making of the Muslim State Meredith Weiss, Student Activism in Malaysia: Crucible, Mirror, Sideshow Nick Cheesman is a fellow in the College of Asia and the Pacific, Australian National University. He can be reached at nick.cheesman@anu.edu.au Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her inspiring new book, Muslim Women’s Quest for Justice: Gender, Law and Activism in India (Cambridge University Press, 2017), Mengia Hong Tschalaer charts the strivings and creative struggles of Muslim women’s organizations in contemporary North India for gender justice. Carefully historicized and brimming with nuanced analysis, this book shows the discursive and political strategies through which overlapping and at times competing women’s organizations navigate a contested and complicated public sphere, as they seek to curate a gender emancipatory understanding of Islam. The major strength of this book is the way it presents a vivid picture of the quest for gender justice on the ground, leavened by such critical processes as the composition of gender-just nikah-namas. This important book will engage the interests of a range of scholars and courses on Islam, gender, South Asia, and Islamic law and society. SherAli Tareen is Assistant Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His academic publications are available at https://fandm.academia.edu/SheraliTareen/. He can be reached at stareen@fandm.edu. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This week on the podcast, Daniel Bennet joins us to talk about his new book, Defending Faith: The Politics of the Christian Conservative Legal Movement (University Press of Kansas, 2017). Bennett is assistant professor of political science at John Brown University. From Hobby Lobby to Obergefell v. Hodges, the Supreme Court has ruled on controversial social policy issues. At the center of many of these cases are a set of legal organizations, what Bennett calls Christian Conservative Legal Organizations or CCLOs, including the American Center for Law and Justice and Alliance Defending Freedom. In his book, he explains how CCLOs advocate for issues central to Christian conservatives, highlights the influence of religious liberty on the CLM’s broader agenda, and reveals how the Christian Right has become accustomed to the courts as a field of battle in today’s culture wars. Bennett studies these groups as a type of interest group and legal advocacy the primary strategy to fulfill their interests. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Timothy LaPira and Herschel Thomas are the authors of Revolving Door Lobbying: Public Service, Private Influence, and the Unequal Representation of Interests (University Press of Kansas, 2017). LaPira is associate professor of political science at James Madison University; Thomas is assistant professor of political science at University of Texas, Arlington. What is the consequence of the rapid spin of the revolving door in Washington? Once a rarity, today nearly half of members of Congress join a lobbying firm after their time on the Hill ends. In Revolving Door Lobbying, the authors show that they are not alone. Former aides join the ranks of lobbyists and generate massive amounts of revenue for lobbying and law firms. These patterns have changed the political economy of Washington politics. LaPira and Thomas mine a decade of new Lobbying Disclosure Act (LDA) data to show the way the rise of revolving door lobbying has made representation less equal and enhanced private influence. The host of this week’s podcast is Heath Brown, associate professor of public policy at the City University of New York, John Jay College and the CUNY Graduate Center. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Before Transgender actors entered popular culture, and before the “T” was included in LGBT, Transgender activism was a small and marginalized movement. However, though courage and perseverance, Transgender rights began to enter the public consciousness. Drawing on her own life story, Riki Wilchin’s newest book TRANS/gressive: How Transgender Activists took on Gay Rights, Feminism, the Media & Congress…and Won! (Riverdale Avenue Books, 2017) traces the origins of the Transgender movement. From the backwoods of rural Michigan to the nation’s capital, the movement challenged not only conservative politicians and worldviews but also challenged the boundaries of gender, sex, and sexuality within more progressive movements. How do Trans issues and concerns intersect with notions of masculinity and femininity? What was the relationship between the Trans movement and the Gay movement? How do movements transcend the local and become national? Wilchins offers answers to these (and many more) questions within the pages of TRANS/gressive. In addition to TRANS/gressive, Wilchins is also author to three other books on topics of gender and sexuality: Read My Lips: Sexual Subversion & the End of Gender, Queer Theory/Gender Theory: An Instant Primer, and Voice from Beyond the Sexual Binary. Wilchins’ works has been featured in many periodicals, and Riki has held many trainings on gender norms and nonconformity for audiences that include the White House, Centers for Disease Control, and the office on Women’s Health. Continuing her activism as well as her authorship, Wilchins expects another forthcoming book in the near future. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

To remember Patrick Henry for his defiant declaration “Give me liberty or give me death!” is to overlook a long career spent as an advocate for the rights of Americans, first as colonists and then as citizens. In Patrick Henry: Champion of Liberty (Simon and Schuster, 2017), Jon Kukla describes the course of Henry’s eventful life and how he developed his views on individual rights and other matters. The son of Virginia planters, as a young man Henry turned to the law to earn his living. His arguments in the famous “Parson’s Cause” legal case foreshadowed his case for colonial rights during the Stamp Act crisis, which cemented his standing as one of the leading opponents of Britain’s efforts to impose taxes upon the colonies. Henry was at the forefront of Virginia’s move towards independence in 1775, and as its first elected governor he led the commonwealth during years of crisis and turmoil. This experience, as Kukla explains, helped define his opposition to ratifying the Constitution in 1787-8, an opposition which the documents proponents addressed by agreeing to include the Bill of Rights which it possesses today. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law