New Books in Law

State-Building as Lawfare: Custom, Sharia, and State Law in Postwar Chechnya (Cambridge University Press, 2023) by Dr. Egor Lazarev explores the use of state and non-state legal systems by both politicians and ordinary people in postwar Chechnya. The book addresses two interrelated puzzles: why do local rulers tolerate and even promote non-state legal systems at the expense of state law, and why do some members of repressed ethnic minorities choose to resolve their everyday disputes using state legal systems instead of non-state alternatives?The book documents how the rulers of Chechnya promote and reinvent customary law and Sharia in order to borrow legitimacy from tradition and religion, increase autonomy from the metropole, and accommodate communal authorities and former rebels. At the same time, the book shows how prolonged armed conflict disrupted the traditional social hierarchies and pushed some Chechen women to use state law, spurring state formation from below.This interview was conducted by Dr. Miranda Melcher whose forthcoming 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. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Set in Colonial Northern Nigeria, this book confronts a paradox: the state insisted on its separation from religion even as it governed its multireligious population through what remained of the precolonial caliphate. Entangled Domains: Empire, Law and Religion in Northern Nigeria (Cambridge UP, 2023) grapples with this history to offer a provocative account of secularism as a contested yet contingent mode of governing religion and religious difference. Drawing on detailed archival research, Rabiat Akande vividly illustrates constitutional struggles triggered by the colonial state's governance of religion and interrogates the legacy of that governance agenda in the postcolonial state. This book is a novel commentary on the dynamic interplay between law, faith, identity, and power in the context of the modern state's emergence from colonial processes.Dr. Akande is currently an Assistant Professor in the Osgoode Hall Law School at York University in Canada and chairs the international legal history project at the African Institute of International Law in Arusha. Previously, she was a postdoctoral fellow at the Harvard Academy for International and Area Studies as an Academy Scholar from 2019-2021. She received her Doctor of Juridical Science (SJD) degree from Harvard Law School in 2019 with her dissertation, “Navigating Entanglements: Contestations over Religion-State Relations in British Northern Nigeria, c. 1890-1978” receiving the Law and Society in the Muslim World Prize. At Harvard University, Dr. Akande held the Clark Byse fellowship at the Law School and was a Dissertation Fellow and Graduate Student Associate at the Weatherhead Center for International Affairs. She also served on the editorial board of the Harvard International Law Journal. Prior to her graduate work, Dr. Akande obtained her Bachelor of Laws from the University of Ibadan, graduating with First Class Honors and at the top of her class. She later studied at the Nigerian Law School, from which she also graduated with First Class Honors.Dr. Katz is currently a postdoc in Grants Operations Management and Creative Engagement at UNC Chapel Hill. She was previously a postdoc in the History Department at Duke University, and a Visiting Assisting Professor at Loyola University New Orleans. She received her PhD in African History from the University of Michigan, Ann Arbor. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Scholars of biblical law widely hold that ancient Israel did not draft law-texts for legislative purposes. Little attention has yet been given to explaining how and when later Judaism did come to regard Torah as legislative. As a result, the current consensus (that Ezra introduced legislative uses of Torah) is based on assumptions which have been never tested.Join us as we speak with Michael LeFebvre about his book, Collections, Codes, and Torah: The Re-characterization of Israel's Written Law (Bloomsbury, 2019) a study that challenges the current consensus, and presents an alternative hypothesis.Michael LeFebvre earned his PhD at the University of Aberdeen. He’s a presbyterian minister living in Indianapolis, Indiana, and a fellow with the Center for Pastor Theologians.L. Michael Morales is Professor of Biblical Studies at Greenville Presbyterian Theological Seminary, and the author of The Tabernacle Pre-Figured: Cosmic Mountain Ideology in Genesis and Exodus (Peeters, 2012), Who Shall Ascend the Mountain of the Lord?: A Biblical Theology of Leviticus (IVP Academic, 2015), and Exodus Old and New: A Biblical Theology of Redemption (IVP Academic, 2020). He can be reached at mmorales@gpts.edu Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Spirit of the Laws not only systematizes the foundational ideas of “separation of powers” and “balances and checks,” it provides the decisive response to the question of whether power in the nation-state can be limited in the aftermath of the Westphalian settlement of 1648. It describes a civilizational change through which power becomes domesticated, with built-in resistance to attempts to absolutize (or make total) political power. As such, it is the Bible of modern politics, now made more accessible to English readers than it ever has been.There have been in English only two prior translations of this work that first appeared in 1748. The deficiencies of those two efforts have been broadly identified in the scholarship. Although the text is still used with regularity in university instruction (having been recovered after a lull in the 1950s and 60s), it deserves – and now receives – a presentation that enhances its usefulness in the analysis both of politics and the philosophical foundations of human life.Montesquieu’s singularity – the first secular argument against race-based slavery and only the second secular argument against the servitude of women – provides a special heritage for the modern word to preserve and a key to making operational those fundamental insights within the context of sustained political and cultural development. The replacement of blood and tribe with the universal attributes of humanity (while recognizing the highly variable ecologies of communities) constitutes the single-most important moral and political development of the modern world. And The Spirit of the Laws bears a primary responsibility for that accomplishment. Montesquieu's 'The Spirit of the Laws': A Critical Edition (Anthem Press, 2024) is a worthy translation.W. B. Allen studies and writes broadly in political philosophy and history, with special focus on traditions of self-government and liberalism. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How do top-level public officials take advantage of immunity from foreign jurisdiction afforded to them by international law? How does the immunity entitlement allow them to thwart investigations and trial proceedings in foreign courts? What responses exist to prevent and punish such conduct?In Between Immunity and Impunity: External Accountability of Political Elites for Transnational Crime (Cambridge University Press, 2023), Dr. Yuliya Zabyelina unravels the intricate layers of impunity of political elites complicit in transnational crimes. By examining cases of trafficking in persons and drugs, corruption, and money laundering that implicate heads of state and of government, ministers, diplomats, and international civil servants, she shows that, despite the potential of international law immunity to impede or delay justice, there are prominent instruments of external accountability. Accessible and compelling, this book provides novel insights for readers interested in the close-knit bond between power, illicit wealth, and impunity.This interview was conducted by Dr. Miranda Melcher whose forthcoming 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. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Our privacy is besieged by tech companies.Companies can do this because our laws are built on outdated ideas that trap lawmakers, regulators, and courts into wrong assumptions about privacy, resulting in ineffective legal remedies to one of the most pressing concerns of our generation.Drawing on behavioral science, sociology, and economics, Ignacio Cofone challenges existing laws and reform proposals and dispels enduring misconceptions about data-driven interactions. This exploration offers readers a holistic view of why current laws and regulations fail to protect us against corporate digital harms, particularly those created by AI. Cofone then proposes a better response: meaningful accountability for the consequences of corporate data practices, which ultimately entails creating a new type of liability that recognizes the value of privacy.Jake Chanenson is a computer science Ph.D. student and law student at the University of Chicago. Broadly, Jake is interested in topics relating to HCI, privacy, and tech policy. Jake’s work has been published in top venues such as ACM’s CHI Conference on Human Factors in Computing Systems. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

"What happened in Hong Kong is not an anomaly but a warning" - Hong Kong Human Rights defender Chow Hang Tung, speech written from prison upon receiving a human rights award.In our interview today, I spoke with Professor Michael C. Davis, author of Freedom Undone: The Assault on Liberal Values and Institutions in Hong Kong (AAS and Columbia UP, 2024). In his latest book, he writes about how one of the world's most free-wheeling cities has transitioned from a vibrant global center of culture and finance into an illiberal regime. We spoke about the progressive shifts towards authoritarian governance in Hong Kong's post-colonial period, leading up to the introduction of the National Security Law of 2020, and the rapid erosion of human rights and liberal freedoms since. Professor Davis explained the significance of Hong Kong's new domestic National Security Law, introduced last week, and its implications for the erosion of global democratic institutions globally. Professor Michael C. Davis is a former long-time professor at the University of Hong Kong and prior to that at the Chinese University of Hong Kong, where he taught course on human rights and constitutional development. He is currently a Global Fellow at the Woodrow Wilson International Centre for Scholars, a Senior Research Associate at the Weatherhead East Asia Institute at Columbia University, and a Professor of Law and International Affairs at O.P. Jindal Global University in India. He also enjoys research affiliations at New York University and the University of Notre Dame. You can listen to our earlier interview, about Professor Davis' book, Making Hong Kong China: The Rollback of Human Rights and the Rule of Law (Columbia UP, 2020) here. 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 of International Horizons, RBI director John Torpey interviews Gabriele Mazzini, a lawyer and officer of the European Commission and expert in AI regulation. Mazzini discusses the means through which European countries have found agreement on the definition of AI and how to regulate it. Moreover, Mazzini stresses that the fears of an apocalyptic AI revolution taking over humankind are not well-grounded. He also comments on the United States case and how it differs from Europe when it comes to regulating AI, acknowledging that there's been big progress in legislation in this area. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How can traditional academic scholarship be disrupted by activist academics? How can we make space for those who are underrepresented and historically oppressed to come to academia as their authentic selves? How can the platform of academia create space for change in the world? In The Activist Academic: Engaged Scholarship for Resistance, Hope and Social Change (Myers Education Press: 2020), Professor Colette N. Cann and Professor Eric J. DeMeulenarare answer these questions. Their work challenges dominant frameworks of what it is to be an academic. They challenge readers to think about their responsibility as academics, and their role not just as researchers and teachers, but as parents, friends and members of the community. This book should be compulsory reading for for all scholars, and those that aspire to enter academia. It provides the opportunity to rethink the ways that activism and scholarship can be combined, and the impact that academics have in the spaces that they work. Professor Colette N. Cann is the Associate Dean for Academic and Faculty Advancement and Professor in the School of Education at the University of San Francisco. Professor Eric DeMeulenaere is a Professor of Education, Director of Community, Youth, & Education Studies and Director of Comparative Race & Ethnic Studies at Clark University.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the 1990s, the promise of justice for atrocity crimes was associated with the revival of international criminal tribunals (ICTs). More recently, however, there has been a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a 'complementarity turn', a paradigm shift toward domestic accountability in the field of international criminal justice, this book investigates how the shadow of international criminal tribunals influences the treatment of serious crimes at the national level.Drawing on research and interviews in Rwanda, the Democratic Republic of Congo, and Sierra Leone, International Criminal Tribunals and Domestic Accountability: In the Court's Shadow (Oxford University Press, 2023) by Dr. Patryk I. Labuda develops a tripartite framework to analyse how states and tribunals work with, despite, or against one another in the fight against impunity. While international prosecutors and judges use the principle of complementarity to foster cooperation and decrease tension with government actors, Dr. Labuda argues that too much deference by ICTs toward states reduces the likelihood of accountability and may enable national elites to consolidate authoritarian power.By interrogating how international accountability stakeholders relate to their domestic counterparts, International Criminal Tribunals and Domestic Accountability advocates improvements to ICTs' institutional design and more dynamic interactions with states to strengthen the enforcement of international criminal law.This interview was conducted by Dr. Miranda Melcher whose forthcoming 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. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law