New Books in Law

Kalika Mehta's book Strategic Litigation and Corporate Complicity in Crimes Under International Law: A TWAIL Analysis (Routledge, 2023) provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes.The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential.Alex Batesmith is a Lecturer in Legal Profession at the School of Law, University of Leeds, UK. His research focuses on lawyers, their professional self-identity and their motivations, and how these shape the institutions and the discipline in which they work. Twitter: @batesmith Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Right to Reparations: The Claims Conference and Holocaust Survivors, 1951–1964 (Lexington, 2021) examines the early years of the Claims Conference, the organization which lobbies for and distributes reparations to Holocaust survivors, and its operations as a nongovernmental actor promoting reparative justice in global politics. Rachel Blumenthal traces the founding of the organization by one person, and its continued campaign for the payment of compensation to survivors after Israel left the negotiations. This book explores the degree to which the leadership entity served individual victims of the Third Reich, the Jewish public, or member organizations.Geraldine Gudefin is a French-born modern Jewish historian researching Jewish family life, legal pluralism, and the migration experiences of Jews in France and the United States. She is currently a research fellow at the Hebrew University’s Avraham Harman Research Institute of Contemporary Jewry, and is completing a book titled An Impossible Divorce? East European Jews and the Limits of Legal Pluralism in France, 1900-1939. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Custom was fundamental to mediaeval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the mediaeval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualised in writing.In Vernacular Law: Writing and the Reinvention of Customary Law in Medieval France (Cambridge University Press, 2022), Dr. Ada Maria Kuskowski uses French lawbooks known as coutumiers to trace the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary 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

Law. How does the state form and use it? How do people use and shape it? How does law shape culture? How does the practice of law change over time in a modernizing colony? What was stable and what was malleable in the application of law in early modern Russia versus its Central Asian colony in the Empire’s final century? What’s the difference between a bribe and a gift?These are some of the questions at the heart of this fascinating conversation about two books that probe the theoretical and instrumental underpinnings, as well as the everyday practice, of law in different periods and regions of the Russian Empire. Crime and Punishment in Early Modern Russia (Cambridge UP, 2012) by Nancy Kollmann analyzes the day-to-day practice of Russian criminal justice in the seventeenth and eighteenth centuries. Visions of Justice: Sharī’a and Cultural Change in Russian Central Asia (Brill, 2017; available open access) by Paolo Sartori excavates civil law practice to explore legal consciousness among the Muslim communities of Central Asia from the end of the eighteenth century through the fall of the Russian Empire, situating his work within a range of debates about colonialism and law, legal pluralism, and subaltern subjectivity. Paolo Sartori and Nancy Kollmann explore overlaps, divergence and much more that emerge from their respective findings in these deeply researched books.Paolo Sartori is a Senior Research Associate and the Chairman of the Commission for the Study of Islam in Central Eurasia at the Austrian Academy of Sciences. He currently serves as the Editor-in-Chief of the Journal of the Economic and Social History of the Orient and the Journal of Central Asian History (Brill). In addition to Visions of Justice, authoring several scholarly articles and co-editing essay collections, Sartori has co-authored two books, Seeking Justice at the Court of the Khans of Khiva (19th–Early 20th Centuries) (Leiden: Brill, 2020), co-authored with Ulfat Abdurasulov and Éksperimenty imperii: adat, shariat, i proizvodtsvo znanii v Kazakhskoi stepi (Moscow: Novoe Literaturnoe Obozrenie, 2019), co-authored with Pavel Shabley.Nancy Kollmann is the William H. Bonsall Professor of History at Stanford University in California. In addition to Crime and Punishment in Early Modern Russia (2012), she is the author of Kinship and Politics: The Making of the Muscovite Political System, 1345–1547 (1987), By Honor Bound: State and Society in Early Modern Russia (1999); The Russian Empire, 1450–1801 (2017), and Visualizing Russia in Early Modern Europe (forthcoming August 2024). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Sovereignty, International Law, and the Princely States of Colonial South Asia (Oxford UP, 2023), Dr Priyasha Saksena interrogates the centuries-old question of what constitutes a sovereign state in the international legal sphere. She explores the history of sovereignty through an analysis of the jurisdictional politics involving the princely states of colonial South Asia. Governed by local rulers, these princely states were subject to British paramountcy whilst remaining legally distinct from directly ruled British India. Their legal status and the extent of their rights remained the subject of feverish debates through the entirety of British colonial rule. This book traces the ways in which the language of sovereignty shaped the discourse surrounding the legal status of the princely states to illustrate how the doctrine of sovereignty came to structure political imagination in colonial South Asia and the framework of the modern Indian state.In this podcast, Dr Saksena explores how the various players within British India – international lawyers, British politicians, colonial officials, rulers and bureaucrats of princely states, and anti-colonial nationalists – used definitions of sovereignty to construct political orders in line with their interests and aspirations. By invoking the vernacular of sovereignty in contrasting ways to support their differing visions of imperial and world order, these actors also attempted to reconfigure the boundaries among the spheres of the national, the imperial, and the international. Our discussions chart the debates and disputes over the princely states across two hundred years of Indian history, and how they continually defined and redefined the concept of sovereignty and international legitimacy in South Asia.The podcast explores the importance of the language of international law, how it is used and by whom, and how it is both a counterweight and a shaping force for political power. We discuss how different understandings of sovereignty have been (and still are) influencing the various ways in which people think about organising the world and their relationship to each other.Alex Batesmith is a Lecturer in Legal Profession at the School of Law, University of Leeds, UK. His research focuses on lawyers, their professional self-identity and their motivations, and how these shape the institutions and the discipline in which they work. Twitter: @batesmith Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In a world of border walls and obstacles to migration, a lottery where winners can gain permanent residency in the United States sounds too good to be true. Just as unlikely is the idea that the United States would make such visas available to foster diversity within a country where systemic racism endures. But in 1990, the United States Diversity Visa Lottery was created to do just that.Dreamland: America's Immigration Lottery in an Age of Restriction (UNC Press, 2023) tells the surprising story of this unlikely government program and its role in American life as well as the global story of migration. Historian Carly Goodman takes readers from Washington, D.C., where proponents deployed a colorblind narrative about our "nation of immigrants" to secure visas for white immigrants, to the African countries where it flourished and fostered dreams of going to America. From the post office to the internet, aspiring emigrants, visa agents, and others embraced the lottery and tried their luck in a time of austerity and limits. Rising African immigration to the United States has enriched American life, created opportunities for mobility, and nourished imagined possibilities. But the promise of the American dream has been threatened by the United States' embrace of anti-immigrant policies and persistent anti-Black racism. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In An Empire of Laws: Legal Pluralism in British Colonial Policy (Yale University Press, 2023), Dr. Christian R. Burset presents a compelling reexamination of how Britain used law to shape its empire.For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years’ War (1754–63) as the world’s most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes.As legal historian Dr. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony’s economic and political subordination. Britain’s turn to legal pluralism thus reflected the victory of a new vision of empire—authoritarian, extractive, and tolerant—over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists’ reverence for the common law: it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.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

Covert violence occurs in all social institutions—including families and close relationships, education, workplaces, politics, mass media, and healthcare—each with its own unique power dynamics that shape the incidence and patterns of these vicious acts. Covert Violence: The Secret Weapon of the Powerless (Bristol University Press, 2023) by Dr. Jack Levin and Dr. Julie B. Wiest focuses on the types of surreptitious murder and mayhem that perpetrators intend to go unnoticed by would-be victims—until it’s too late. When such attacks are carried out with efficiency and competence, they may be disguised in official records as the result of illness, accident, or intentional self-harm, only on occasion to be later reclassified as the brutal crimes they are.This compelling and much-needed book is for all those who seek to understand—and strive to prevent—violence in society.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

In his new book, Democracy, Nazi Trials, and Transitional Justice in Germany, 1945-1950 (Cambridge University Press, 2020), Dr. Devin O. Pendas examines how German courts conducted Nazi trials in the immediate postwar context. His work combines close readings of legal discourses in conjunction with very human stories to present a narrative of both irony and tragedy. In a masterful comparison of all four occupation zones, this book successfully musters historical data to challenge and overturn standard conceptualizations of “transitional justice.” It thus belongs definitively in the repertoire of legal scholars, political scientists, historians, and international relations theorists.Eric Grube is a PhD candidate in the Department of History at Boston College. He studies modern German and Austrian history, with a special interest in right-wing paramilitary organizations across interwar Bavaria and Austria."Casualties of War? Refining the Civilian-Military Dichotomy in World War I", Madison Historical Review, 2019. "Racist Limitations on Violence: The Nazi Occupation of Denmark", Essays in History, 2017. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

"Most lawyers, most actors, most soldiers and sailors, most athletes, most doctors, and most diplomats feel a certain solidarity in the face of outsiders, and, in spite of other differences, they share fragments of a common ethic in their working life, and a kind of moral complicity."– Stuart Hampshire, Justice is Conflict.There are many more examples of professional solidarity, however fragmented and tentative, sharing the link of a common ethic that helps make systems, and the analysis of them, possible in the larger political economy. Writing from a law professor’s vantage point, Katharina Pistor, in her new book, The Code of Capital: How the Law Creates Wealth and Inequality (Princeton University Press, 2019) explains how even though law is a social good it has been harnessed as a private commodity over time that creates private wealth, and plays a significant role in the increasing disparity of financial outcomes.As she points out in this interview, and her chapter ‘Masters of the Code’, it is ‘critical to have lawyers in the room’, and they clearly have the lead role in her well-researched and nuanced thesis centered on the decentralized institution of private law. Professor Pistor builds on Rudden’s ‘feudal calculus’ providing the long view of legal systems in maintaining and creating wealth and draws on historical analogies including the enclosure movements as she interweaves her analysis of capital asset creation with a broader critique of professional and institutional agency. Polanyi and Piketty figure into Pistor’s analysis among many others, as does the help of the state’s coercive backing as she draws on the breadth of her own governance research and analysis of the collapsed socialist regimes in the 1990s, and a research pivot toward western market economies following the 2008 Global Financial Crisis.Professor Pistor is a comparative scholar with a keen interdisciplinary eye for the relationship between law, values, and markets, dovetailing larger concepts with detailed descriptions of the coding of ‘stocks, bonds, ideas, and even expectations—assets that exist only in law.’ All of which informs her inquiry into why some legal systems have been more accommodating to capital’s coding cravings and others less so, as she describes the process by which capital is created. She moves beyond legal realism’s less granular critiques, and as reviewers such as Samuel Moyn have suggested – this book ‘deserves to be the essential text of any movement today that concerns itself with law and political economy’.Katharina Pistor is the Edwin B. Parker Professor of Comparative Law, and the Director of the Center on Global Legal Transformation at Columbia Law School.Keith Krueger lectures at the SHU-UTS Business School in Shanghai. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law