New Books in Law

Seeking Supremacy: The Pursuit of Judicial Power in Pakistan (Cambridge University Press, 2022) discusses the emergence of the judiciary as an assertive and confrontational center of power which has been the most consequential new feature of Pakistan's political system. This book maps out the evolution of the relationship between the judiciary and military in Pakistan, explaining why Pakistan's high courts shifted from loyal deference to the military to open competition, and confrontation, with military and civilian institutions. Yasser Kureshi demonstrates that a shift in the audiences shaping judicial preferences explains the emergence of the judiciary as an assertive power center. As the judiciary gradually embraced less deferential institutional preferences, a shift in judicial preferences took place and the judiciary sought to play a more expansive and authoritative political role. Using this audience-based approach, Kureshi roots the judiciary in its political, social and institutional context, and develops a generalizable framework that can explain variation and change in judicial-military relations around the world.Yasser Kureshi is a Department Lecturer in South Asian Studies at the Oxford School of Global and Area Studies, University of Oxford. Working at the intersection of political science and public law, his research looks at the politics of unelected state institutions outside democratic contexts. In particular, he studies the military and the judiciary and their impact on constitutional configurations and democratic outcomes in authoritarian and post-authoritarian states.Syed Muhammad Khalid is a MSc student in Modern South Asian Studies at the University of Oxford as a Rhodes Scholar. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1863 the French established a protectorate over the kingdom of Cambodia. The protectorate, along with Vietnam and Laos, later became part of the colonial state of French Indochina. Part of the French ‘civilizing mission’ in Cambodia involved reforming Cambodian law and legal processes. Sally Low’s pioneering study, Colonial Law Making: Cambodia under the French (NUS Press, 2023), tells the story of the encounter between what she calls two different legal and social ‘cosmologies’: Cambodia’s indigenous legal tradition and modern French legal thinking. While the French claimed they were modernizing Cambodian law, in fact they imposed many elements of French law. Initially, they dispossessed the king of much of his judicial authority. But ironically, the French reform of Cambodian law retained the monarchy as the semi-divine source of law, and royal power was subsequently legally embedded into new national institutions, the law, and the constitutions. At independence in 1953, 90 years after the French began their protectorate, Cambodia’s King Sihanouk inherited this legal apparatus which had done so much to enhance the power of the executive over the judiciary.Patrick Jory teaches Southeast Asian History in the School of Historical and Philosophical Inquiry at the University of Queensland. He can be reached at: p.jory@uq.edu.au. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Politics of Rights and Southeast Asia (Cambridge UP, 2022) offers an empirically-grounded approach to understanding the mobilisation of rights in the region. Instead of deriving definitions of rights from abstract philosophical text, court verdicts or statutes, the book advances a socio-legal approach which considers rights as social practices that take meaning from the various ways in which people enact, mobilise, and practice these rights. In doing so, the book offers a point of view that goes beyond the liberal versus critical rights perspective debate.The book is structured in three sections, with each section focusing on (1) the structural conditions that influence the emergence of rights mobilisation in the region; (2) the various ways in which people mobilise these rights; and (3) the consequences of these mobilisations. It concludes with a call to give rights a chance while embracing its incoherence.Lynette J. Chua is Professor of Law at the National University of Singapore (NUS).Like this interview? You may also be interested in: Donald P. Haider-Markel and Jami K. Taylor, Transgender Rights and Politics (University of Michigan Press, 2014) Rachel E Brulé, Women, Power, and Property (Cambridge University Press, 2020) Nicole Curato is a Professor of Sociology in the Centre for Deliberative Democracy and Global Governance at the University of Canberra. She co-hosts the New Books in Southeast Asia Studies channel.This episode was created in collaboration with Erron C. Medina of the Development Studies Program of Ateneo De Manila University and Nicole Anne Revita. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Judgement at Tokyo: World War II on Trial and the Making of Modern Asia (Knopf, 2023), a book ten years in the making, is the definitive account of the postwar trial of Japan’s leaders as war criminals, and the impact it had on the modern history of Asia.Written by Gary Bass, Professor of Politics and International Affairs at Princeton University, the book shines a much-needed spotlight on the International Military Tribunal for the Far East, the criminal process historically overshadowed by its namesake in Nuremberg for the senior leaders of the Nazi regime in the Third Reich. In the weeks after Japan finally surrendered to the Allies to end World War II, the victorious powers turned to the question of how to move on from years of carnage and destruction. To them, it was clear that Japan’s militaristic leaders needed to be tried and punished for their crimes. For the Allied powers, the trials were an opportunity both to render judgment on their vanquished foes and to create a legal framework to prosecute war crimes and prohibit the use of aggressive war. For the Japanese leaders on trial, it was their chance to argue that their war had been waged to liberate Asia from Western imperialism and that the court was no more than victors’ justice. Professor Bass tells a meticulously-researched compelling story of wartime action, dramatic courtroom battles, and the epic formative years that set the stage for the postwar era in the Asia–Pacific. It should be required reading for anyone interested in the meaning and morality of international justice, in all its messy complexity and contradiction.Alex Batesmith is a Lecturer in Legal Profession in the School of Law at the University of Leeds, and a former barrister and UN war crimes prosecutor, with teaching and research interests in international criminal law, cause lawyering and the legal profession, and law and emotion. LInkedIn. Twitter: @batesmithHis recent publications include: “‘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, forthcoming 2023, 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) “International Prosecutors as Cause Lawyers" (2021) Journal of International Criminal Justice 19(4) 803-830 (ISSN 1478-1387) Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Suicide by Proxy became a major societal problem after 1650. Suicidal people committed capital crimes with the explicit goal of “earning” their executions, as a short-cut to their salvation. Desiring to die repentantly at the hands of divinely-instituted government, perpetrators hoped to escape eternal damnation that befell direct suicides. In Suicide by Proxy in Early Modern Germany: Crime, Sin, and Salvation (Palgrave Macmillan, 2023), Kathy Stuart shows how this crime emerged as an unintended consequence of aggressive social disciplining campaigns by confessional states. Paradoxically, suicide by proxy exposed the limits of early modern state power, as governments struggled unsuccessfully to suppress the tactic. Some perpetrators committed arson or blasphemy, or confessed to long-past crimes, usually infanticide, or bestiality. Most frequently, however, they murdered young children, believing that their innocent victims would also enter paradise. The crime had cross-confessional appeal, as illustrated in case studies of Lutheran Hamburg and Catholic Vienna.Jana Byars is an independent scholar located in Amsterdam. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The police response to protests erupting on America's streets in recent years has made the militarization of policing painfully transparent. Yet, properly demilitarizing the police requires a deeper understanding of its historical development, causes, and social logics. Policing Empires: Militarization, Race, and the Imperial Boomerang in Britain and the US (Oxford UP, 2023) offers a postcolonial historical sociology of police militarization in Britain and the United States to aid that effort. Julian Go tracks when, why, and how British and US police departments have adopted military tactics, tools, and technologies for domestic use. Go reveals that police militarization has occurred since the very founding of modern policing in the nineteenth century into the present, and that it is an effect of the "imperial boomerang." Policing Empires thereby unlocks the dirty secret of police militarization: Police have brought imperial practices home to militarize themselves in response to perceived racialized threats from minority and immigrant populations.Jeffrey Lamson is a PhD student in world history at Northeastern University. His research focuses on the history of police technology, its relationship to the history of police reform, and its place at the intersection of U.S. domestic policing and global counterinsurgency. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Civics textbooks focus on how Congress makes policy through the legislative process, but the reality is that members of Congress have limited opportunities to advance their policy priorities. In fact, less than five percent of the bills that are introduced in Congress become law. Even the most tenacious legislators are confronted by bicameralism, partisan gridlock, chamber procedures, leadership's control of the agenda, and the diverse interests of 534 other members of Congress. What strategies do lawmakers have for navigating these challenges?In Backdoor Lawmaking: Evading Obstacles in the US Congress (Oxford University Press, 2023), Dr. Melinda N. Ritchie reveals how members of Congress use the federal bureaucracy as a backdoor for policymaking. Today, more law in the United States is made by unelected bureaucrats through federal agency regulations than with congressional statute. Ritchie argues that the bureaucracy's growing role in policymaking offers lawmakers a discreet way to represent controversial interests outside of the formal constraints of Congress. Lawmakers overcome obstacles in the legislative process by substituting agency regulations for legislation and pressuring agencies to make policy changes that would not pass Congress.Drawing on an original dataset constructed from records obtained under the Freedom of Information Act, Dr. Ritchie traces the interactions between members of Congress and federal agencies to illustrate how these communications function as part of a lawmaker's overarching strategy for policymaking. Original and timely, Backdoor Lawmaking explains how members of Congress exploit the separation of powers and evade the lawmaking process established in the US Constitution.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

Welcome to another episode of New Books in Chinese Studies. I am your host, Julia Keblinska, and I am speaking today to Prof. Tristan Brown about his book, Laws of the Land: Fengshui and the State in Qing Dynasty China (Princeton UP, 2023). Brown’s book considers fengshui, that is, the knowledge of orienting structures, such as graves and houses, in accordance with well-established cosmological principles, as an administrative technology and language of power that was intrinsic to governance through the Qing legal code. Fengshui has long been dismissed as a “superstition” whose historical significance is limited to its obstruction of (narrowly) infrastructural development and (broadly) modernization. Laws of the Land instead pushes us to understand fengshui as a form of knowledge production that allowed the state to govern in an era of increasing resource scarcity and crisis. The book covers cases related to land use (and misuse) in relation to graves, examination success, and mining concerns. It introduces readers to a cast of claimants, defendants, and legal “experts,” including clerks who meticulously mapped conflicted landscapes and geomancers who gave evidence in court. In his analysis of fengshui and Qing dynastic collapse, Brown builds upon the work of other scholars who reject narratives of Chinese “reaction” to Western influence and incursion; he posits instead the legal system’s entanglement with fengshui shows a vibrant interaction of various epistemological systems. I am very much looking forward to my conversation with Prof. Brown about the “life and death of Qing landscape.” Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/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