New Books in Law

In Phenomenal Justice: Violence and Morality in Argentina (Rutgers University Press, 2020), Eva van Roekel grounds her research in phenomenological anthropology and the anthropology of emotion to offer readers a novel and compelling perspective on justice proceedings in the aftermath of historical crimes against humanity. Van Roekel approaches the question: how do survivors, victims, and perpetrators of political violence experience justice on their own terms? Focusing on the reopened trials in Argentina for crimes against humanity committed by the military junta that ruled from 1976 to 1983, Phenomenal Justice is a powerful ethnography that establishes a new theoretical basis that remains faithful to the uncertainties of justice and truth in the aftermath of human rights violations. Phenomenal Justice, thus, makes significant contributions to understanding justice beyond what is commonly referred to as transitional justice, and to better understanding of the military dictatorship in Argentina and its aftermath.Jeff Bachman is a Lecturer in Human Rights at American University’s School of International Service in Washington, DC. He is the author of The United States and Genocide: (Re)Defining the Relationship and editor of the volume Cultural Genocide: Law, Politics, and Global Manifestations. He is currently working on a new book, The Politics of Genocide: From the Genocide Convention to the Responsibility to Protect, contracted by Rutgers University Press for its Genocide, Political Violence, Human Rights series. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Political Scientist Steven Rogers’ new book focuses on the deceptively complex question of how it is that voters do or don’t/can and can’t hold their elected state representatives accountable. Rogers takes his jumping off point from the basic understanding of the relationship between the voter and their elected representatives: namely that the election process will, in some way, act as a means of making the elected official in state government accountable to the voters, who cast their ballots for or in opposition to that elected representative. State house elected officials across the United States are, indeed, closer in proximity to the people they are elected to represent and govern; and the legislation and regulations passed by state legislators generally impact us more directly and more frequently than do national-level laws, regulations, or decisions. And while there is a of literature focusing on state and local politics, the unique approach of Rogers’ research focuses specifically on the state legislatures, how the elites and voters act in elections, and if we can actually see accountability demonstrated in these interactions and connections.Accountability in State Legislatures (U Chicago Press, 2023) is guided by the foundational question of representative democracy—and the connection between voters and their immediate representatives, as opposed to those in Washington, D.C. Rogers has compiled an extensive data set that pulls in general election results across the states, as well as primary election results. The data also includes legislative performance by elected state house representatives and integrates partisanship as well as the roll call votes by elected officials. Rogers also tries to evaluate the effectiveness of elected officials, examining how successful each individual is in getting something through the legislative process. Accountability in State Legislatures ultimately finds that accountability is more absent than it is present, given that state legislators often lack challengers in either the primary or the general elections, their seats tend to be fairly safe, and the decline in media reporting at state houses across the country has made it more difficult for voters to keep an eye on their elected representatives. Federalism has always been a complex and multi-layered form of government, and Rogers work reflects the difficulty that voters have in being able to pay close attention to the action in state houses. But this is not a story about the voters lack of engagement—though there is some of that—it is more that the modes for accountability in state legislatures or the “threats of accountability can create a false sense of security and be dangerous both to everyday life and representative government” (264).Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-host of the New Books in Political Science channel at the New Books Network. She is co-editor of The Politics of the Marvel Cinematic Universe (University Press of Kansas, 2022), as well as co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). She can be reached @gorenlj.bsky.social Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Rita Kesselring’s important book Bodies of Truth: Law, Memory, and Emancipation in Post-Apartheid South Africa (Stanford University Press, 2017) seeks to understand the embodied and everyday effects of state-sponsored violence as well the limits of the law to produce social repair. Of particular interest in Kesselring’s theorizing of the relationship between the body and the law as a mechanism to critique South Africa’s Truth and Reconciliation Commission. Dr. Kesselring’s book is an innovative study of the TRC, with a focus on embodiment and the ways in which formal justice institutions do not consider the everyday violence of injustice. Her study illuminates this tension, of people craving justice from institutions that are not designed to deliver it, leading the women of the civil society organization Khulumani to file suit in the United States under alien tort laws.Kesselring recommends three books to listeners keen to dive deeper into issues of reparation, law and justice after Apartheid in South Africa. They are Charles Abrahams’ Class Action: In Pursuit of a Larger Life (Penguin South Africa, 2019); Fiona Ross’ Bearing Witness: Women and the Truth and Reconciliation in South Africa (Pluto Press, 2002); and Georg Kries’ Switzerland and South Africa 1948-1994 (Peter Lang Publishers, 2007). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dr. Gary Shiffman’s book The Economics of Violence: How Behavioral Science Can Transform our View of Crime, Insurgency, and Terrorism (Cambridge UP, 2020) serves as a fantastic introduction to anyone interested in thinking critically about terrorist, insurgency, and criminal groups of all sorts. Using case studies from multiple continents, ideological contexts, and political situations, Dr. Shiffman shows how the language and tools familiar to economists can assist policy makers and security personnel to combat rival ‘firms,’ as he classifies them. Arguing strongly against essentialist labels and stories about why these groups act the way that they do, Dr. Shiffman offers us an approach to understanding ‘illicit’ groups that would be recognizable to leaders of many ‘legitimate’ organizations.Dr. Gary Shiffman is a Professor at Georgetown University, the CEO of two software companies, a former Naval Officer and Border Patrol leader, a former Fortune 200 executive, and an engaging writer. His is the author of one other book on the Economic Instruments of Security Policy. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his extensive body of work, Professor Abdullahi Ahmed An-Naim challenges both historical interpretations of Islamic Sharia and neo-colonial understanding of human rights. To advance the rationale of scholarship for social change, An-Naim proposes advancing the universality of human rights through internal discourse within Islamic and African societies and cross-cultural dialogue among human cultures. This book proposes a transformation from human rights organized around a state determined practice to one that is focused on a people-centric approach that empowers individuals to decide how human rights will be understood and integrated into their communities. Decolonizing Human Rights (Cambridge UP, 2021) aims to illustrate the decisive role of human agency on the subject of change, without implying that Islamic or any other society are exceptionally disposed to politically motivated violence and consequent profound political instability.Kirk Meighoo is Public Relations Officer for the United National Congress, the Official Opposition in Trinidad and Tobago. His career has spanned media, academia, and politics for three decades. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Scholars Stephen Engel and Timothy Lyle have a new book that dives into the thinking around power, political and cultural progress, and the LGBTQ+ communities in the United States. This book is fascinating and important in examining not only policy developments around rights and full citizenship for members of the LGBTQ+ communities, but also how these discussions and dialogues shape thinking about access to rights and dimensions of full citizenship. The overarching title of the book, Disrupting Dignity: Rethinking Power and Progress in LGBTQ Lives (NYU Press, 2021), gets to the heart of the rhetoric in the debate, specifically this concept of “dignity” and how dignity has become a particularly thorny component of defining out political, legal, and civil rights for the LGBTQ+ community. Both Engel and Lyle note that they found the term dignity very clearly associated with the legal reasoning in judicial opinions around LGBTQ+ rights, that it was a celebrated status, and that while it was more commonly used in international political rhetoric or in the legal dialogue in other countries, it is far less common in the United States and the U.S. legal tradition. And yet, it kept getting connected to the expansion of LGBTQ+ rights. Often, we think of dignity as an unalloyed good, but Engel and Lyle, as they start to unpack the way in which this term and concept are used, begin to reconsider exactly how and why this term, dignity, is also so often connected with LGBTQ+ communities, and not as connected to other communities and their legal, political, and civil rights. Engel and Lyle consider the way in which dignity is bestowed by the state, and in this way, how it becomes a tool of power. There is also the question of whether the way in which dignity is integrated into legal decisions helps to widen out equality, or does it instead redefine boundaries of otherness and inequality.In exploring the concept of dignity, especially as it has been connected to the expansion of LGBTQ+ rights, Engel and Lyle take the reader through three different case studies that examine the evolving rights status and rhetorical presentations of these kinds of dialogues and representations. These three case studies are kind of dialectics, in that they present two sides, often in tension with each other, wrestling with the power of the state, the individual’s rights, the social and cultural understandings of these situations, and the evolving outcomes. The first case study focuses in on the Politics of Public Health from AIDS to PREP. The second section of the book takes up popular culture representations of dignity—wrestling with the concept of sameness (in Love, Simon) in contrast with queer excess (in Pose). The final section of the book, and the part that might be of most interest to legal scholars, is the role of the courts in defining dignity in judicial opinions. This section also leads into the conclusion, as the authors take up the ongoing tension around the concept, implications, and use of dignity in regard to full citizenship, rights, and LGBTQ+ communities. Disrupting Dignity: Rethinking Power and Progress in LGBTQ Lives is a compelling exploration of the rights regimes in the United States and how the Constitution, the current cultural milieu, and the historical role of the state and state power have all contributed to this evolving question of full citizenship.Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-host of the New Books in Political Science channel at the New Books Network. She is co-editor of The Politics of the Marvel Cinematic Universe (University Press of Kansas, 2022), as well as co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A revolutionary new theory and call to action on animal rights, ethics, and law from the renowned philosopher Martha C. Nussbaum. Animals are in trouble all over the world. Whether through the cruelties of the factory meat industry, poaching and game hunting, habitat destruction, or neglect of the companion animals that people purport to love, animals suffer injustice and horrors at our hands every day. The world needs an ethical awakening, a consciousness-raising movement of international proportions. In Justice for Animals (Simon & Schuster, 2023), one of the world’s most influential philosophers and humanists Martha C. Nussbaum provides a revolutionary approach to animal rights, ethics, and law. From dolphins to crows, elephants to octopuses, Nussbaum examines the entire animal kingdom, showcasing the lives of animals with wonder, awe, and compassion to understand how we can create a world in which human beings are truly friends of animals, not exploiters or users. All animals should have a shot at flourishing in their own way. Humans have a collective duty to face and solve animal harm. An urgent call to action and a manual for change, Nussbaum’s groundbreaking theory directs politics and law to help us meet our ethical responsibilities as no book has done before.Martha C. Nussbaum is currently the Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago, appointed in the Department of Philosophy and the Law School.Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For all the diversity of views within the animal protection movement, there is a surprising consensus about the need for more severe criminal justice interventions against animal abusers. More prosecutions and longer sentences, it is argued, will advance the status of animals in law and society. In Beyond Cages: Animal Law and Criminal Punishment (Cambridge UP, 2019), Professor Justin Marceau demonstrates that a focus on 'carceral animal law' puts the animal rights movement at odds with other social justice movements, and may be bad for humans and animals alike. Animal protection efforts need to move beyond cages and towards systemic solutions if the movement hopes to be true to its own defining ethos of increased empathy and resistance to social oppression. Providing new insights into how the lessons of criminal justice reform should be imported into the animal abuse context, Beyond Cages is a valuable contribution to the literature on animal welfare and animal rights law.Mark Molloy is the reviews editor at MAKE: A Literary Magazine. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Stories of Struggle: The Clash over Civil Rights in South Carolina (U South Carolina Press, 2020), longtime journalist Claudia Smith Brinson details the lynchings, beatings, bombings, cross burnings, death threats, arson, and venomous hatred that black South Carolinians endured―as well as the astonishing courage, devotion, dignity, and compassion of those who risked their lives for equality.Through extensive research and interviews with more than one hundred fifty civil rights activists, many of whom had never shared their stories with anyone, Brinson chronicles twenty pivotal years of petitioning, preaching, picketing, boycotting, marching, and holding sit-ins. Participants' use of nonviolent direct action altered the landscape of civil rights in South Carolina and reverberated throughout the South.These firsthand accounts include those of the unsung petitioners who risked their lives by supporting Summerton's Briggs v. Elliot, a lawsuit that led to the historic Brown v. Board of Education decision; the thousands of students who were arrested and jailed in 1960 for protests in Rock Hill, Orangeburg, Denmark, Columbia, and Sumter; and the black female employees and leaders who defied a governor and his armed troops during the 1969 hospital strike in Charleston.Brinson also highlights contributions made by remarkable but lesser-known activists, including James M. Hinton Sr., president of the South Carolina Conference of Branches of the National Association for the Advancement of Colored People; Thomas W. Gaither, Congress of Racial Equality field secretary and scout for the Freedom Rides; Charles F. McDew, a South Carolina State College student and co-founder of the Student Nonviolent Coordinating Committee; and Mary Moultrie, grassroots leader of the 1969 hospital workers' strike.These intimate stories of courage and conviction, both heartbreaking and inspiring, shine a light on the progress achieved by nonviolent civil rights activists while also revealing white South Carolinians' often violent resistance to change. Although significant racial disparities remain, the sacrifices of these brave men and women produced real progress―and hope for the future. For more information on this book, see storiesofstruggle.comMatt Simmons is an Assistant Professor of History at Emmanuel University where he teaches course in U.S. and public history. His research interests focus on the intersection of labor and race in the twentieth-century American South. You can follow him on X @matthewfsimmons. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The legacy of President Franklin D. Roosevelt enjoys regular acclaim from historians, politicians, and educators. Lauded for his New Deal policies, leadership as a wartime president, cozy fireside chats, and groundbreaking support of the "forgotten man," FDR, we have been told, is worthy of the same praise as men like Washington, Jefferson, and Lincoln.... But is that true? Does the father of today's welfare state really deserve such generous approbation? Or is there a dark side to this golden legacy? The New Deal's War on the Bill of Rights: The Untold Story of FDR's Concentration Camps, Censorship, and Mass Surveillance (Independent Institute, 2023) unveils a much different portrait than the standard orthodoxy found in today's historical studies.Deploying an abundance of primary source evidence and well-reasoned arguments, historian and distinguished professor emeritus David T. Beito masterfully presents a complete account of the real Franklin D. Roosevelt: a man who abused power, violated human rights, targeted dissidents, and let his crude racism imprison American citizens merely for being of Japanese descent. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law