New Books in Law

Although Indigenous peoples are often perceived as standing outside political modernity, Savages and Citizens: How Indigeneity Shapes the State (University of Arizona Press, 2025) by Dr. Andrew Canessa & Dr. Manuela Lavinas Picq takes the provocative view that Indigenous people have been fundamental to how contemporary state sovereignty was imagined, theorized, and practiced.Delving into European political philosophy, comparative politics, and contemporary international law, this open-access book shows how the concept of indigeneity has shaped the development of the modern state. The exclusion of Indigenous people was not a collateral byproduct; it was a political project in its own right. The book argues that indigeneity is a political identity relational to modern nation-states and that Indigenous politics, although marking the boundary of the state, are co-constitutive of colonial processes of state-making. In showing how indigeneity is central to how the international system of states operates, the book forefronts Indigenous peoples as political actors to reject essentializing views that reduce them to cultural “survivors” rooted in the past.With insights drawn from diverse global contexts and empirical research from Bolivia and Ecuador, this work advocates for the relevance of Indigenous studies within political science and argues for an ethnography of sovereignty in anthropology. Savages and Citizens makes a compelling case for the centrality of Indigenous perspectives to understand the modern state from political theory to international studies.This interview was conducted by Dr. Miranda Melcher whose new 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. You can find Miranda’s episodes on New Books with Miranda Melcher, wherever you get your podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What was it like to work as a Jewish district attorney in provincial Soviet Ukraine in the post-Stalinist eras? What role did antisemitism and Holocaust memories play in solving and investigating the criminal cases? How does a detective’s mind work? The answers to these and many other fascinating questions are found in Memoirs of a Jewish District Attorney from Soviet Ukraine (Academic Studies Press, 2024). Mikhail Goldis (1926-2020) worked as a detective and district attorney for 30 years in Ukraine and wrote his memoirs after immigrating to the US in 1993. Translated by Marat Grinberg, a prolific scholar of Russian and Jewish literature and cinema, the memoirs tell the rich and poignant story of Goldis’s life and what it took for a Jew to navigate and survive in the halls of Soviet power. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Welcome to the Global Corporations Special Series on the Law Channel on the New Books Network. This Special Series is dedicated to interviews with scholars about recent books engaging with different aspects of global corporations – with a focus on the role of law and legal forms.Our guest today is Dr. Joshua Ehrlich, Associate Professor in the Department of History at the University of Macau. Josh is a historian of knowledge and political thought with a focus on the East India Company and the British Empire in South and Southeast Asia.We spoke with Josh in a live event as part of a workshop in Hong Kong on the history of companies in Asia about his first book, The East India Company and the Politics of Knowledge which was published by Cambridge University Press in 2023.The book is a deeply researched and well-written account of how East India Company officials developed and deployed ideas about knowledge to bolster its own authority, and to manage the transition from corporate sovereignty towards unitary state sovereignty. In the process, Josh develops a novel methodological approach that he calls the history of ideas of knowledge – an approach that allows us to recover past meanings and usages of concepts about knowledge to make them available again in the present. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The presidents of the American Historical Association and Organization of American Historians join the podcast to talk about the effects of historical censorship, data shredding, meaningful public education – and what everyone can do to fight back.After being sworn in as the 47th president, Donald Trump issued a slew of executive orders. The order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” declares that “It is the policy of the United States to recognize two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality. Under my direction, the Executive Branch will enforce all sex-protective laws to promote this reality...” This order has swiftly affected what people may read on websites or museum panels that describe historical events and artifacts.As a new joint statement from the American Historical Association and the Organization of American Historians recounts, “Some alterations, such as those related to topics like the Tuskegee Airmen and the internment of Japanese Americans during World War II, have been hurriedly reversed in response to public outcry. Others remain. The scrubbing of words and acronyms from the Stonewall National Monument webpage, for instance, distorts the site’s history by denying the roles of transgender and queer people in movements for rights and liberation. This distortion of history renders the past unrecognizable to the people who lived it and useless to those who seek to learn from the past.”Dr. Beth English is Executive Director of the Organization of American Historians. Her research and teaching focus on the historical and contemporary labor movement, working-class issues, globalization, deindustrialization, and women in the workplace. She is the author of A Common Thread: Labor, Politics, and Capital Mobility in the Textile Industry, and co-editor of Global Women’s Work: Perspectives on Gender and Work in the Global Economy. She has contributed to the Washington Post, NPR, Vox, Huffington Post, The New Republic, and other media outlets.Dr. James R. Grossman is executive director of the American Historical Association. Previously, he was vice president for research and education at the Newberry Library, and has taught at University of Chicago and University of California, San Diego. Among his many publications are the award-winning books, Land of Hope: Chicago, Black Southerners, and the Great Migration and A Chance to Make Good: African-Americans, 1900–1929. His articles and short essays have focused on various aspects of American urban history, African American history, ethnicity, higher education, and the place of history in public culture. His public facing scholarship includes work published in the Chicago Tribune, New York Times, Los Angeles Times, Time, The Hill, The Chronicle of Higher Education, and Inside Higher Education.Grossman has consulted on history-related projects generated by the BBC, Smithsonian, and various theater companies, film makers, museums, libraries, and foundations. He has served on the governing boards of the National Humanities Alliance, American Council of Learned Societies, Association of American Colleges and Universities, and Center for Research Libraries.Mentioned: OAH’s Records at Risk Data Collection Initiative for individuals to report removed or changed material For federal workers who are interested in sharing their experiences, OAH’s Emergency Oral History Project Arlington National Cemetery website removes histories highlighting Black, Hispanic, and women veterans National Center for Education Statistics (NCES) Removal of climate data from government websites Contribute to AHA and OAH 5calls ap for connecting with federal senators and representatives AHA Action Alert for Iowa residents (and AHA letter to Iowa Senate Education Committee) Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Rule of law faces serious threats to its viability in many countries. It has become a recurring topic in the media and is affecting our daily lives. To understand better the meaning of rule of law, the stakes, and how governments and citizens can respond to today’s challenges, we must return to first principles.In Law’s Rule (Oxford U. Press, 2022), eminent philosopher of law Gerald Postema draws on a lifetime of research and thought to articulate and defend a comprehensive, coherent, and compelling conception of the rule of law and defend it against serious challenges to its intelligibility, relevance, and normative force. The rule of law's ambition, Postema argues, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bond constituting and holding together the polity and giving public expression to an ideal mode of association.Two principles immediately follow from this core: sovereignty of law, demanding that those who exercise ruling power govern with law and that law governs them, and equality in the eyes of the law, demanding that law's protection extend to all bound by it. Animating law's rule, the ethos of fidelity commits all members of the political community, officials and lay members alike, to take responsibility for holding each other accountable under the law.Postema’s work is theoretically rigorous while addressing the myriad practical considerations in building and maintaining the rule of law.Gerald Postema is Emeritus Professor of Philosophy, University of North Carolina had has widely published in legal and political philosophy and ethics. He earned a BA degree from Calvin College (1970) and PhD (1976) from Cornell University. He began his teaching career at Johns Hopkins University (1975-1980). From 1980 until his retirement in 2019, he taught philosophy and law at UNC-Chapel Hill, since 1996 as Boshamer Distinguished Professor of Philosophy.He is interviewed by Thomas McInerney, an international lawyer, scholar, and strategist, who has worked to advance rule of law internationally for 25 years. He has taught in the Rule of Law for Development Program at Loyola University Chicago School of Law since 2011. He writes the Rights, Regulation and Rule of Law newsletter on Substack. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ahmed M. Abozaid’s Counterterrorism Strategies in Egypt: Permanent Exceptions in the War on Terror (Routledge, 2021) reveals how counterterrorism discourses and practices became the main tool of a systematic violation of human rights in Egypt after the Arab Uprising. It examines how the civic and democratic uprising in Egypt turned into robust authoritarianism. By interrogating Egypt’s counterterrorism legislation, the book identifies a correlation between counterterrorism narratives and the systemic violation of human rights. It examines the construction of a national security state that has little tolerance for dissent, political debate or the questioning of official policy, and how the anti-terrorism measures undertaken are actually anti-democracy strategies.In this episode, Ibrahim Fawzy interviews Ahmed M. Abozaid about his personal experiences, the difference between critical and traditional terrorism studies, the impact of counterterrorism policies on marginalized communities in Upper Egypt, and more.Ibrahim Fawzy is a literary translator and writer based in Boston. His interests include translation studies, Arabic literature, ecocriticism, disability studies, and migration literature. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This book poses the question: How relevant is the concept of war today? Professor Andrew Clapham of the Graduate Institute of International and Development Studies in Geneva examines how notions about war continue to influence how we conceive rights and obligations in national and international law. It considers the role international law plays in limiting what is forbidden and what is legitimated in times of war or armed conflict. The book highlights how, even though war has been outlawed and should be finished as an institutions, sates nevertheless continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, imprison law-of-war detainees, and attack objects that are said to be part of a war-sustaining economy. Professor Clapham argues that, while there is general agreement that war has been abolished as a legal institution for settling disputes, the time has come to admit that the belligerent rights that once accompanied states at war are no longer available. In other words, simply claiming to be in a war or an armed conflict does not grant anyone a licence to kill people, destroy things, and acquire other people’s property or territory.In this podcast, we begin by exploring Professor Clapham’s motivation for writing the book and the central arguments challenging traditional ideas of war, law, and state power. We discuss how historical, and outdated, ideas of ‘prize’ or war booty continue to influence modern conflict, and explore how rhetorical usages of the words ‘war’ and ‘armed conflict’ exert a particular influence on populations and even on the soldiers themselves. Professor Clapham argues that human rights law should play a bigger role in limiting actions of states in armed conflict, and looks to the future legal challenges posed by cyber warfare, drones and AI / autonomous weapons. We also touch on accountability for war crimes and other international crimes, both at the level of international state responsibility as seen at the International Court of Justice, and at the individual criminal liability as seen in the International Criminal Court. We end with an intriguing insight into how Professor Clapham is looking to further develop his thinking for his next book.This book is available OPEN ACCESS here.Alex Batesmith is an Associate Professor in Legal Professions 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.His University of Leeds profile page can be found here: Bluesky: @batesmith.bsky.socialLinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It is a common assumption that in Israel, Jews have sovereignty, and in most other places where Jews live today, they have religious freedom instead. As Simon Rabinovitch shows in this original work, the situation is much more complicated. Jews today possess different kinds of legal rights in states around the world; some stem from religious freedom protections, and others evolved from a longer history of Jewish autonomy.By comparing conflicts between Jewish collective and individual rights in courts and laws across the globe, from the French Revolution to today, this book provides a nuanced legal history of Jewish sovereignty and religious freedom. Rabinovitch weaves key themes in Jewish legal history with the individual stories of litigants, exploring ideas about citizenship and belonging; who is a Jew; what makes a Jewish family; and how to define Jewish space. He uses recent court cases to explore problems of conflicting rights and then situates each case in a wider historical context. This unique comparative history creates a global picture of modern legal development in which Jews continue to use the law to carve out surprising forms of sovereignty.Simon Rabinovitch is the Stotsky Associate Professor of Jewish Historical and Cultural Studies at Northeastern University. He teaches and writes on a range of topics in European, Jewish, Russian, and legal history.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.Mentioned in the podcast: • Simon Rabinovitch, Jewish Rights, National Rites: Nationalism and Autonomy in Late Imperial and Revolutionary Russia (2014) • Maurice Samuels, The Right to Difference: French Universalism and the Jews (2016) • David Sorkin, The Religious Enlightenment: Protestants, Jews, and Catholics from London to Vienna (2008) • David Sorkin, Jewish Emancipation: A History across Five Centuries (2019) • Lawrence Rosen, The Rights of Groups: Understanding Community in the Eyes of the Law (2024) • Winnifred Fallers Sullivan, Church State Corporation: Construing Religion in US Law (2020) • Nomi M. Stolzenberg and David N. Myers, American Shtetl: The Making of Kiryas Joel, a Hasidic Village in Upstate New York (2022) • David Biale, Power & Powerlessness in Jewish History (1986) Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I talked to Mark Neocleous about his new book Pacification: Social War and the Power of Police (Verso, 2025).For more than two decades, Neocleous has been a pioneer in the radical critique of policing, security, and warfare. Today we will discuss his newest work on the theory and practice of pacification, which, he argues, is “social warfare carried out through the ideology of peace.” Pacification not only aims to counter resistance to capitalist exploitation, dispossession, and displacement, but it aims to prevent such resistance from emerging in the first place by constructing social institutions and the built environment. Pacification is a totalizing process by which states deploy social policies, symbolic practices, and coercive operations in order to produce cooperative – or at least acquiescent – subjects. However, pacification never succeeds in obscuring the antagonistic nature of capitalist social relations. Consequently, pacification becomes an endless social war for peace.Mark Neocleous is Professor of the Critique of Political Economy at Brunel University in London. His previous books include A Critical Theory of Police Power (reissued by Verso in 2021), The Politics of Immunity (Verso, 2022), and War Power, Police Power (Edinburgh 2014). As a member of the Anti-Security Collective, he co-authored the Security Abolition Manifesto, which is available at anti-security.org.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Birthright citizenship is established in the first sentence of the Fourteenth Amendment to the United States Constitution – yet Donald Trump’s recent Executive Order 14160 denies some types of birthright citizenship. The Order contradicts over a century of American law, legal practice, and constitutional interpretation. Three groups have opposed the order as unconstitutional and challenged it in the courts: and cities, civil rights organizations, and labor organizations. In the podcast, three scholars to help Susan and Lilly interrogate the meaning of natural born citizenship, the political ramifications of Trump’s order, and the complicated history of natural born citizenship in the United States.Dr. Anna O. Law is the Herbert Kurz Chair in Constitutional Rights and Associate Professor of Political Science at Brooklyn College, City University of New York.Julie Novkov is Dean of Rockefeller College of Public Affairs and Policy and Professor of Political Science and Women’s, Gender, and Sexuality Studies, University at Albany, SUNY.Carol Nackenoff is the Emerita Richter Professor of Political Science, Swarthmore CollegeMentioned: Calvin’s Case (1608) Donald Trump’s Executive order 14160 Julie and Carol’s 2021 book American by Birth: Wong Kim Ark and the Battle for Citizenship and their NBN interview with Susan. Anna’s 2025 FREE open-access article “The Civil War and Reconstruction Amendments’ Effects on Citizenship and Migration” Anna’s NBN conversation with Heath Brown on her 2017 book, The Immigration Battle in American Courts Lilly’s conversation with Martha Jones about her book, Birthright Citizens: A History of Race and Rights in Antebellum America Kate Masur, Until Justice Be Done: America’s First Civil Rights Movement, from Revolution to Reconstruction (2021) Lilly’s NBN conversation with Elizabeth Cohen and Cyril Ghosh about their 2019 book Citizenship Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law