New Books in Law

This monograph outlines the core principles of equity and trusts in Sanskrit jurisprudence (Dharmaśāstra) and traces their application in the practical legal administration of religious and charitable endowments throughout Indian history. Dharmaśāstra describes phenomena that, in Anglo-American jurisprudence, are associated with courts of equity: the management of religious and charitable trusts; and the guardianship of those who lack legal capacity. Drawing on Sanskrit jurisprudential and philosophical texts, ancient inscriptions, Persian legal documents, colonial-era law reports, and contemporary case law, Equity and Trusts in Sanskrit Jurisprudence demonstrates that India's rulers have drawn on rich and venerable Sanskrit jurisprudential principles of equity and trusts in their efforts to regulate religious and charitable endowments. This book presents the history of India as a history of trusts, revealing how the contemporary law of Hindu religious endowments is subtended by a rich mélange of Sanskritic, Persianate, British, and constitutional jurisprudential principles. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Carol Nackenoff and Julie Novkov dive into the life of Wong Kim Ark, whose Supreme Court case set the precedent for birthright citizenship in the U.S. They explore the historical context of citizenship laws, particularly in relation to race and gender disparities. The duo discusses the challenges faced by Chinese immigrants in the 19th century, illustrating their legal struggles and societal discrimination. Finally, they connect Wong's legacy to contemporary debates around citizenship, revealing the ongoing vulnerabilities faced by marginalized groups today.

Ben Westhoff is an award-winning investigative journalist whose best-selling 2019 book Fentanyl, Inc.: How Rogue Chemists Are Creating the Deadliest Wave of the Opioid Epidemic (Grove Press, 2019), was one of the first to take fentanyl seriously as both a social phenomenon and a national threat. Since its release, Westhoff has become a policy expert, advising top government officials on the fentanyl crisis, and continuing to follow the story on his Substack account. The author of two previous nonfiction books and numerous articles in outlets like the Atlantic, The Guardian, and the Wall Street Journal, Westhoff’s fourth book, Little Brother: Love, Tragedy, and My Search for the Truth comes out this spring.Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, her second book, on the development of the opioid addiction medication industry, is under contract with the University of Chicago Press. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Indonesia's judicial system has long been described as dysfunctional. Many of its problems developed out of decades of authoritarian rule, which began in the last few years of the reign of Indonesia's first president, Soekarno. By the time President Soeharto's regime fell in 1998, the judiciary had virtually collapsed. Judicial dependence on government, inefficiency and corruption were commonly seen as the main indicators of poor performance, resulting in very low levels of public trust in the courts. To address these problems, reformists focused on improving judicial independence. Yet while independence is a basic prerequisite for adequate judicial performance, much depends on how this independence is exercised. Judicial Dysfunction in Indonesia (Melbourne UP, 2023) demonstrates that Indonesian courts have tended to act without accountability and offers detailed analysis of highly controversial decisions by Indonesian courts, many of which have been of major political significance, both domestically and internationally. It sets out in concrete terms, for the first time, how bribes are negotiated and paid to judges and demonstrates that judges have issued poor decisions and engaged in corruption and other misconduct, largely without fear of retribution. Further, it explores unsafe convictions and public pressure as a threat to judicial independence. Judicial Dysfunction in Indonesia shines a sorely needed empirical light on the Indonesian judicial system, and is an essential resource for readers, scholars and students of Indonesian law and society. Simon Butt is Professor of Indonesian Law and Director of the Centre for Asian and Pacific Law at the University of Sydney. Professor Michele Ford is Professor of Southeast Asian Studies at the University of Sydney, Australia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Wild Souls: Freedom and Flourishing in the Non-Human World (Bloomsbury Publishing, 2021), Emma Marris wrestles with big ethical questions facing the conservation field. Emma takes us through several experiences that informed the book, exposing us to relevant on-the-ground decisions impacting the life or death of animals. When the interests of individual animals conflict with the goals of biodiversity preservation, is it okay to kill? Are any animals truly wild now that humans have directly altered so much of their habitat? How do we balance the rights of introduced species with those already established within an ecosystem? To start engaging these, and other questions, Emma takes us through a needed crash course in ethics, specifically environmental ethics. Much like her previous work, we are exposed to new ways of thinking about old problems. Listening in will not disappoint. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Alexander Lian, a practicing commercial litigator in Miami and author of Stereoscopic Law, delves into the revolutionary impact of Oliver Wendell Holmes on legal education. He discusses Holmes' landmark essay, 'The Path of the Law,' advocating for a three-dimensional understanding of law that bridges theory and practice. The conversation also highlights the concept of the 'bad man' as a crucial heuristic for law students. Lian emphasizes the historical context of legal doctrines and Holmes' ongoing relevance in shaping legal philosophy and ethics today.

How has the digital revolution transformed criminal opportunities and behaviour? What is different about cybercrime compared with traditional criminal activity? What impact might cybercrime have on public security? In this updated edition of his authoritative and field-defining text, cybercrime expert David Wall carefully examines these and other important issues. Incorporating analysis of the latest technological advances and their criminological implications, he disentangles what is really known about cybercrime today. An ecosystem of specialists has emerged to facilitate cybercrime, reducing individual offenders’ level of risk and increasing the scale of crimes involved. This is a world where digital and networked technologies have effectively democratized crime by enabling almost anybody to carry out crimes that were previously the preserve of either traditional organized crime groups or a privileged coterie of powerful people. Against this background, the author scrutinizes the regulatory challenges that cybercrime poses for the criminal (and civil) justice processes, at both the national and the international levels. This book offers the most intellectually robust account of cybercrime currently available. It is suitable for use on courses across the social sciences, and in computer science, and will appeal to advanced undergraduate and graduate students. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What does the 'rule of law' really mean in China? How does it shape the country’s politics, both at home and on the world stage? And why should it matter to the rest of us when universal norms are being challenged? Dr. Tabita Rosendal from the Centre for East and South-East Asian Studies at Lund University, talks to Dr. Martin Lavicka, a scholar of Chinese studies, about his latest project on the rule of law in the Chinese context. Dr. Martin Lavicka is a visiting research fellow at the Department of History and the Centre of East and South-East Asian Studies, Lund University. Martin is the PI of the project CLAW: Chinese Conceptualisation of the Rule of Law: Challenges for the International Legal Order. Martin’s research has been supported by the OP JAC Project “MSCA Fellowships at Palacký University II.” CZ.02.01.01/00/22_010/0006945 at Palacký University Olomouc, Czech Republic. Episode producer: Julia Olsson Links: ResearchGate profile AcademiaEdu profile Martin’s latest article “Rule of Law with Chinese Characteristics: A Contested Landscape” The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the following academic partners: Asia Centre, University of Tartu (Estonia) Asian studies, University of Helsinki (Finland) Centre for Asian Studies, Vytautas Magnus University (Lithuania) Centre for East and South-East Asian Studies, Lund University (Sweden) Centre for East Asian Studies, University of Turku (Finland) Norwegian Network for Asian Studies This podcast was recorded in May 2025 in the wonderful podcast studio at Altitude, Collab Arena in The Loop. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode, host Alex Batesmith sits down with Dr Rachel Killean and Dr Lauren Dempster to discuss their groundbreaking new book, Green Transitional Justice (Routledge, 2025). The conversation explores the urgent need to rethink transitional justice (TJ) in light of the environmental crises facing post-conflict societies. Dr Killean and Dr Dempster begin by explaining what drew them to the intersection of TJ and environmental harm. Their book emerges from a shared concern that traditional TJ mechanisms—designed to address human rights violations in post-conflict settings—have largely ignored the profound and lasting harms inflicted on Nature. They deliberately use the term “harms against Nature” to signal a shift away from anthropocentric language and to foreground the agency and value of the natural world. The book is structured around four major critiques of the TJ field. First, the authors argue that knowledge production in TJ is shaped by Eurocentric and neocolonial perspectives, often marginalising Indigenous and feminist epistemologies. They advocate for a more inclusive approach that recognises lived experience, interconnectivity, and the importance of naming environmental harm. Second, they critique the dominance of “anthropocentric legalism” in TJ—where legal frameworks and human rights discourses prioritise human victims and overlook ecological damage. This, they argue, limits the field’s ability to respond meaningfully to environmental destruction. The third critique addresses how TJ mechanisms often leave structural inequalities intact. Concepts like “slow violence” and “crimes of the powerful” help illuminate how environmental harms are ongoing and systemic, not just episodic. The authors call for a shift toward transformative environmental justice, drawing on thinkers like Nancy Fraser to propose a model that includes redistribution, recognition, and representation. Finally, the book challenges the neoliberal underpinnings of TJ, particularly its alignment with economic growth and extractivism. Instead, Killean and Dempster explore alternative worldviews—buen vivir, Ubuntu, and ecological swaraj—that offer more holistic, communitarian approaches to justice. In closing, the authors outline six guiding principles for “greening” TJ, including decolonising justice, recognising non-human victimhood, and rejecting neoliberal inevitability. While acknowledging the challenges of such a radical reimagining, they remain hopeful that the field can evolve to meet the intertwined needs of people and planet. Alex Batesmith is an Associate Professor in Legal Professions in the School of Law at the University of Leeds, and a former barrister and UN war crimes prosecutor. His University of Leeds profile page can be found here Bluesky: @batesmith.bsky.social LinkedIn: https://www.linkedin.com/in/batesmith/ His recent publications include: ‘“Closeted” Cause Lawyers in Authoritarian Cambodia’ (with Kieran McEvoy) Law and Society Review (2025) 1-33 DOI:10.1017/lsr.2025.29 (open access) “Cambodia and the progressivist ‘imaginary’: The limitations of international(ised) criminal tribunals as mechanisms for implementing human rights” in Louisa Ashley and Nicolette Butler (eds), The Incoherence of Human Rights in International Law: Absence, Emergence and Limitations (Routledge, 2024 ISBN13: 978-1-032638-03-4) “‘Poetic Justice Products’: International Justice, Victim Counter-Aesthetics, and the Spectre of the Show Trial” in Christine Schwöbel-Patel and Rob Knox (eds) Aesthetics and Counter-Aesthetics of International Justice (Counterpress, 2024 ISBN 978-1-910761-17-5) "Lawyers who want to make the world a better place – Scheingold and Sarat’s Something to Believe In: Politics, Professionalism, and Cause Lawyering" in D. Newman (ed.) Leading Works on the Legal Profession (Routledge, July 2023), ISBN 978-1-032182-80-3) Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Pakistani women are increasingly pursuing legal avenues against acts of domestic violence. Their claims, however, are often dismissed through character allegations that label them as 'bad' women in need of control, or 'mad' women not to be trusted. Domestic Violence in Pakistan: The Legal Construction of 'Bad' and 'Mad' Women (Oxford University Press, 2025) by Dr. Daanika Kamal explores why the subjectivities of women victims are constructed in particular ways, and how these subjectivities are captured and negotiated in the Pakistani legal system.Drawing on feminist poststructuralist accounts relating to the use of gendering strategies in institutional and disciplinary settings and based on an analysis of over a hundred case files and judgements, seventy-two interviews, and court observations in three cities of Pakistan, this book shadows the experiences of women victims of domestic violence in both criminal law and family law proceedings. It captures and offers empirical insights in relation to gendered subject formation in discursive spaces; ranging from the use of societal narratives that minimise and silence women's harms, to the deployment of police mechanisms that assist in maintaining the 'secrecy' of familial violence, and the application and enactment of boilerplate lawyerly strategies to present alternative legal 'truths.'Amidst regulations of the public versus the private and understandings of rights versus duties, Domestic Violence in Pakistan explores how these practices construct the victim-subject of domestic violence in a way that not only subjectivise her, but also secure her within the field of that subjectification; setting her up to be viewed by the judiciary through the lens of the allegations applied to her. This interview was conducted by Dr. Miranda Melcher whose book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. You can find Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law