New Books in Law

Paolo Caroli's book Transitional Justice in Italy and the Crimes of Fascism and Nazism (Routledge, 2022) presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective.Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book evaluates the Italian experience and provides an ideal framework to assess the complexity of the interdependencies between time, historical memory and the use of criminal law.In a historical moment marked by the resurgence of racism, neo-Fascism, falsifications of the past, as well as the desire to amend the faults of the past, the Italian unfinished experience of dealing with the Fascist era can help move the discussion forward. The book will be an essential reading for students, researchers and academics in International Criminal Law, Transitional Justice, History, Memory Studies and Political Science. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The United States has more guns than people – a condition that is “unprecedented in world history.” Scholars often focus on gun culture, the Second Amendment, or the history of gun safety, duties, and rights. Often, people assume that the number of guns is a natural state – the guns were always there. But were the guns always there? What caused the drastic boom in firearms, and when did it happen?In Gun Country: Gun Capitalism, Culture, and Control in Cold War America (UNC Press, 2023), Dr. Andrew McKevitt investigates how and when the guns arrived – and why so many people bought them. McKevitt argues that what Americans refer to as “gun culture” in the 21st century “emerged out of the intersections of the Cold War and consumer capitalism in the 1950s and 1960s.” A booming consumer market following World War II coupled with a surplus of cheap firearms readily available for American entrepreneurs to resell to citizens laid the groundwork for rampant firearm distribution in the country. War made the United States into a “gun country” but US gun politics – “interwoven with struggles over race and gender” cannot be detached from consumer politics. Gun safety and gun rights organizations both demand consumer regulation and protection.Dr. Andrew C. McKevitt is the John D. Winters Endowed Professor of History at Louisiana Tech University. His previous book, Consuming Japan: Popular Culture and the Globalizing of 1980s America (2017) was published by the University of North Carolina Press and he received the Stuart L. Bernath Scholarly Article Prize from the Society for Historians of American Foreign Relations.George Lobis served as the editorial assistant for this podcast.Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The end of the nineteenth century saw massive developments and innovations in photography at a time when the forces of Western modernity—industrialization, racialization, and capitalism—were quickly reshaping the world. The Unintended: Photography, Property, and the Aesthetics of Racial Capitalism (NYU Press, 2023) slows down the moment in which the technology of photography seemed to speed itself—and so the history of racial capitalism—up. It follows the substantial shifts in the markets, mediums, and forms of photography during a legally murky period at the end of the nineteenth century. Monica Huerta traces the subtle and paradoxical ways legal thinking through photographic lenses reinscribed a particular aesthetics of whiteness in the very conceptions of property ownership.The book pulls together an archive that encompasses the histories of performance and portraiture alongside the legal, pursuing the logics by which property rights involving photographs are affirmed (or denied) in precedent-setting court cases and legal texts. Emphasizing the making of “expression” into property to focus our attention on the failures of control that cameras do not invent, but rather put new emphasis on, this book argues that designations of control’s absence are central to the practice and idea of property-making.The Unintended proposes that tracking and analyzing the sensed horizons of intention, control, autonomy, will, and volition offers another way into understanding how white supremacy functions. Ultimately, its unique historical reading practice offers a historically-specific vantage on the everyday workings of racial capitalism and the inheritances of white supremacy that structure so much of our lives. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In The Pirate's Code: Laws and Life Aboard Ship (Reaktion, 2023), Dr. Rebecca Simon presents a rollicking account of pirates’ codes, the strict rules essential for survival at sea.Pirates have long captured the imagination with images of cutlass-wielding swashbucklers, eye patches and buried treasure. But what was life really like on a pirate ship? Piracy was a risky, sometimes deadly occupation, and strict orders were essential for everyone’s survival. These ‘Laws’ were sets of rules that determined everything from how much each pirate earned from their plunder to compensation for injuries, punishments and even the entertainment allowed on ships. These rules became known as the ‘Pirates’ Code’, which all pirates had to publicly swear by.Using primary sources such as eyewitness accounts, trial proceedings and maritime logs, this book explains how these codes were the key to pirates’ success in battle, both on sea and on land.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

Today we are joined by Stephanie Convery, inequality editor at Guardian Australia, and author of After the Count: The Death of Davey Browne (Penguin Australia, 2020). In our conversation, we discussed the history of boxing in Australia, the failures that explain Davey Browne’s death in Sydney in 2015, the nature of violence in sport, and the future of boxing.In After the Count, Convery blends the genres of history, reportage, and memoir to explore the death of Davey Browne and shows how this one event illustrates the problems and lacunae inside of Australian men’s boxing. Convery writes from an insider’s perspective – she is a boxer – and her work does not condemn the sport for its brutality but rather asks questions about how to make boxing safer and how to make sure the sport of boxing remains meaningful for its participants. She concludes that some of the same toxic forces that gave boxing its allure now make it hard to regulate and threaten the lives of the people who participate in it.The book moves both chronologically and thematically as Convery shifts between a mix of traditional reporting, historical research, and experiential accounts of her own life in the ring. The beginning of the book is devoted to Davey Browne’s death and a significant portion of the end of the book contains Convery’s conclusions about the coronial case and in these places the book reads most like a traditional sports report.Some of the most interesting chapters feature her own boxing experiences and these are interspersed in the more chronological reporting. It is a minor spoiler that Convery suffers a concussion while reporting on the book and when she as she recovers, she dives into research on concussion and CTE. The ubiquity of head injury in boxing (and sports in general) shapes her discussion of the nature of violence. Boxing requires people to fight – to throw punches – and to improve as boxers those punches need to be real and be dangerous. At the same time, fighters need to consent to fight, need to understand the rules, and should have more information about head injury, how to avoid it, and what to do if they suffer from it.The book defies easy explanations – it’s considerate, even meditative; it swings from a report on Davey’s death in a Sydney club, to discussions of boxings seedy history in gambling dens, and to medical studies on the way to diagnose chronic traumatic encephalopathy. Convery takes readers around the country - to the places in Davey Browne’s life, to gyms in Sydney and Melbourne where Convery practices, and finally to the coronial court where the people involved in the tragedy of Davey’s death face questioning from the government of New South Wales.It is a must read for people interested in boxing, Australian sport, and for people interested in the philosophical question of violence in sport.Keith Rathbone is a Senior Lecturer at Macquarie University in Sydney, Australia. He researches twentieth-century French social and cultural history. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What is intersex and why does it matter? What is the power of law to disrupt dominant narratives? I had a fascinating conversation with authors Dr Fae Garland and Dr Mitchell Travis about their book, Intersex Embodiment: Legal Frameworks Beyond Identity and Disorder (Bristol UP, 2023). We got into detail about these groundbreaking human rights issues. We spoke about the very real challenges faced in conducting legal research that has meaningful impact for social change. In research spanning many years, Garland and Travis worked directly with intersex people and their parents to produce this nuanced, sensitive and extensively researched book. Their's is a monograph that challenges dominant medical narratives, particularly with regard to the way that gender binaries are demarcated and identities are constructed. The book has power both beyond its subject matter and beyond the academy: it will bring pause for reflection as to the role of researchers and the work that lawyers can do in the pursuit of the acceptance and emergence of difference, and especially with regard to the enforcement of human rights. Dr Fae Garland is a Senior Lecturer in Law at The University of Manchester Dr Mitchell Travis is a Senior Lecturer in Law and Social Justice at The University of Leeds.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Was there international law in the Middle Ages? Using treaties as its main source, International Law in Europe, 700-1200 (Manchester University Press, 2022) by Dr. Jenny Benham examines the extent to which such a system of rules was known and followed in the period 700 to 1200. It considers how consistently international legal rules were obeyed, whether there was a reliance on justification of action and whether the system had the capacity to resolve disputed questions of fact and law. The book further sheds light on issues such as compliance, enforcement, deterrence, authority and jurisdiction, challenging traditional ideas over their role and function in the history of international law.International law in Europe, 700-1200 will appeal to students and scholars of medieval Europe, international law and its history, as well as those with a more general interest in warfare, diplomacy and international relations.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

Earl Lewis and Nancy Cantor discuss the value of diversity for society, including topics such as the implications of diversity in higher education, the intersection of religion, education, and diversity, understanding colorblindness and systemic racism, investing in future generations and studying history, and the importance of including all actors in American history.

Human trafficking for the sex trade is a form of modern-day slavery that ensnares thousands of victims each year, disproportionately affecting women and girls. While the international community has developed an impressive edifice of human rights law, these laws are not equally recognized or enforced by all countries. Sex Trafficking and Human Rights demonstrates that state responsiveness to human trafficking is shaped by the political, social, cultural, and economic rights afforded to women in that state. While combatting human trafficking is a multiscalar problem with a host of conflating variables, this book shows that a common theme in the effectiveness of state response is the degree to which women and girls are perceived as, and actually are, full citizens. By analyzing human trafficking cases in India, Thailand, Russia, Nigeria, and Brazil, they shed light on the factors that make some women and girls more susceptible to traffickers than others.Heather Smith-Cannoy (PhD, UC San Diego, 2007) is a Professor of Political Science/Social Justice and Human Rights at the New College of Interdisciplinary Arts and Sciences at Arizona State University. She is currently serving as the Interim Director of the School of Social and Behavioral Sciences. Her work explores when and under what conditions international law impacts the human rights of the most marginalized populations, focusing on both the opportunities and the challenges associated with this body of law. She has also focused on the role that international law can play in advancing the legal rights of sex trafficking victims. She has published 4 books and more than 15 articles and book chapters.Patricia C. Rodda is the Assistant Professor of Political Science at Carroll University in Waukesha, Wisconsin. She teaches international relations, comparative politics, international law, conflict and security and political theory. Her research often focuses on vulnerable populations and the challenges they face seeking human rights protections. She is currently working on a new book project that investigates the institutions and interests that facilitate or obstruct the adoption of women’s rights in Muslim-majority states.Charles “Tony” Smith is a Professor in Political Science and Law at the University of California-Irvine (PhD UCSD 2004; JD UF 1987). His research concerns how institutions and the strategic interactions of political actors relate to the contestation over rights, law, and democracy. He has authored or co-authored eight books including Sex Trafficking and Human Rights: The Status of Women and State Responses (Georgetown University Press 2022) and The Politics of Perverts: The Political Attitudes and Actions of Non-Traditional Sexual Minorities (NYU Press 2024) and published over 40 articles and chapters. He is currently the Editor in Chief of Political Research Quarterly.Lamis Abdelaaty is an associate professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The debate about whether mental health law should be abolished or reformed is one that is highly charged and to which there are no easy solutions. In Mental Health Law: Abolish Or Reform? (Oxford UP, 2021), Dr Kay Wilson does not shy away from these controversial debates. Examining the work that dignity can do, she makes the case for an holistic interpretation of the Convention on the Rights of Persons with Disabilities. In thinking about mental health reform, she provides a core framework which may guide support and intervention in a way that compels respect for the dignity of the person. This book makes an important contribution to the literature. Its nuanced approach and fearlessness in delving into the hard issues should be required reading for policy makers, lawyers and mental health practitioners.  Dr Kay Wilson is a postdoctoral fellow at the convenor of The Disability Law Network at Melbourne Law School, University of Melbourne. She is also a co-editor of The Future of Mental Health, Disability and Criminal Law, (Routledge, 2023). Jane Richards is a Lecturer in Law at York Law School, UK. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law