New Books in Law

Amidst increasing acrimony and political strain, many worry that democratic governance has an expiration date. To answer these concerns, Josiah Ober looks to the ancients. Here, he discusses his recent book (co-authored with Brook Manville), The Civic Bargain: How Democracies Survive (Princeton UP, 2023). How did democracies like Athens, Rome, and England overcome the challenges that accompanied wealth and expansion? How did the ancients influence the American Founders? What lessons can they teach us for preserving democracy today?Josiah Ober is the Constantine Mitsotakis Professor in the School of Humanities and Sciences at Stanford University and Senior Fellow at the Hoover Institution. In addition to The Civic Bargain, he is the author of The Rise and Fall of Classical Greece, Democracy and Knowledge: Innovation and Learning in Classical Athens, and The Greeks and the Rational: The Discovery of Practical Reason. He is also the Director of the Stanford Civics Initiative.Annika Nordquist is the Communications Coordinator of Princeton University’s James Madison Program in American Ideals and Institutions and host of the Program’s podcast, Madison’s Notes. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Do individuals have the right to “keep and bear” arms? Do “the people” have any collective rights to public safety? Now that the United States Supreme Court requires each side to argue based on the “history” and “tradition” of 1791 and 1868, what do scholars tell us about legal practices and public understanding in those times? Dr. Laura F. Edwards argues that Americans in the South transformed their understanding of inequality during the half century following the Revolutionary War. Drawing on extensive archival research in North and South Caroline, she outlines the changes in the legal system, highlighting the importance of localized legal practices that favored maintaining the "peace”: a concept intended to protect the social order and its patriarchal hierarchies. Ordinary people, rather than legal professionals and political leaders, were central to its workings. People without rights – even those enslaved – “had influence within the system because of their positions of subordination, not in spite of them.” Edwards documents how, by the 1830s, state leaders secured support for a more centralized system that excluded people who were not specifically granted individual rights, including women, African Americans, and the poor. The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-Revolutionary South (UNC Press, 2009) concludes that the emphasis on rights affirmed and restructured existing patriarchal inequalities, giving them new life within state law with implications that affected all Americans.This award-winning 2009 book is now central to a new Supreme Court case (United States v. Rahimi) dealing with domestic violence and guns – and has been cited in the legal briefs.Dr. Laura F. Edwards is the Class of 1921 Bicentennial Professor in the History of American Law and Liberty at Princeton University and the award-winning author of four books. Most recently, she wrote Only the Clothes on Her Back: Textiles, Law, and Commerce in the Nineteenth-Century United States published by Oxford in 2022. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Our lives are in countless ways defined by our citizenship. The country we belong to affects our rights, our travel possibilities, and ultimately our chances in life. Obtaining a new citizenship is rarely easy. But for those with the means—billionaires like Peter Thiel and Jho Low, but also countless unknown multimillionaires—it’s just a question of price.As discussed in The Golden Passport: Global Mobility for Millionaires (Harvard University Press, 2023) more than a dozen countries, many of them small islands in the Mediterranean, Caribbean, and South Pacific, sell citizenship to 50,000 people annually. Through six years of fieldwork on four continents, Dr. Kristin Surak discovered how the initially dubious sale of passports has transformed into a full-blown citizenship industry that thrives on global inequalities. Some “investor citizens” hope to parlay their new passport into visa-free travel—or use it as a stepping stone to residence in countries like the United States. Other buyers take out a new citizenship as an insurance policy or to escape state control at home. Almost none, though, intend to move to their selected country and live among their new compatriots, whose relationship with these global elites is complex.A groundbreaking study of a contentious practice that has become popular among the nouveaux riches, The Golden Passport takes readers from the details of the application process to the geopolitical hydraulics of the citizenship industry. It’s a business that thrives on uncertainty and imbalances of power between big, globalized economies and tiny states desperate for investment. In between are the fascinating stories of buyers, brokers, and sellers, all ready to profit from the citizenship trade.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused 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

Sexual violence is a significant problem within many Western militaries. Despite international attention to the issue and global #MeToo and #TimesUp movements highlighting the impact of sexual violence, rates of sexual violence are going up in many militaries. Good Soldiers Don't Rape: The Stories We Tell About Military Sexual Violence (Cambridge University Press, 2023) by Dr. Megan MacKenzie uses feminist theories of 'rape culture' and institutional gaslighting to identify the key stories, myths, and misconceptions about military sexual violence that have obstructed addressing and preventing it.The book is a landmark study that considers nearly thirty years of media coverage of military sexual violence in three case countries – the US, Canada and Australia. Dr. MacKenzie’s findings have implications not only for those seeking to address, reduce, and prevent sexual violence in militaries, but also for those hoping to understanding rape culture and how patriarchy operates more broadly. It will appeal to students, scholars and general readers interested in gender, feminism and the military.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused 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

Was the use of violence on January 6th Capitol attacks legitimate? Is the use of violence morally justified by members of Extinction Rebellion or Just Stop Oil campaigners? Justifying Violent Protest: Law and Morality in Democratic States (Routledge, 2023) addresses these issues head on, to make a radical, but compelling argument in favour of the legitimate use of violence in protest in liberal democracies. Grounded in theories of constitutional morality, the book makes the case that when states make illogical or unjust laws, citizens have morally justifiable reasons to disobey. Violence can act as moral dialogue - both expressively and directly - to denounce unjust laws, particularly in cases where civil disobedience does not go far enough. This book considers recent protest movements, of which the use of violent protest has been central to citizens demands. It examines the activism of the Hong Kong pro-democracy protests, Extinction Rebellion, Black Lives Matter movement, and other contemporary international movements. This book could not be more timely. In a world where citizens' rights to protest are being increasingly curtailed, and climate destruction is becoming an increasing matter of urgency, Greenwood-Reeves addresses the legitimacy of violent protest and ultimate importance in upholding liberal democracy. Dr James Greenwood-Reeves is a Lecturer in Law at The University of Leeds. One of his current projects @lawsadragJane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The New True Crime: How the Rise of Serialized Storytelling Is Transforming Innocence (NYU Press, 2023) by Dr. Diana Rickard examines how serialized crime shows became an American obsession.TV shows and podcasts like Making a Murderer, Serial, and Atlanta Monster have taken the cultural zeitgeist by storm, and contributed to the release of wrongly imprisoned people—such as Adnan Syed. The popularity of these long-form true crime docuseries has sparked greater attention to issues of inequality, power, social class, and structural racism. More and more, the American public is asking, Who is and is not deserving of punishment, and who is and is not protected by the law? In The New True Crime, Dr. Rickard argues that these new true crime series deserve our attention for what they reveal about our societal understanding of crime and punishment, and for the new light they shine on the inequalities of the criminal justice system. Questioning the finality of verdicts, framing facts as in the eye of the beholder—these new series unmoor our faith in what is knowable, even as, Rickard critically notes, they often blur the lines between “fact” and “fiction.”With a focus on some of the most popular true crime podcasts and streaming series of the last decade, Dr. Rickard provides an in-depth analysis of the ways in which this new media—which allows for binge-listening or watching—makes crime into a public spectacle and conveys ideological messages about punishment to its audience. Entertainment values have always been entwined with crime news reporting. Newsworthy stories, Rickard reminds us, need to involve sex, violence, or a famous person, and contain events that can be framed in terms of individualism and conservative ideologies about crime. Even as these old tropes of innocent victims and deviant bad guys still dominate these docuseries, Dr. Rickard also unpacks how the new true crime has been influenced by the innocence movement, a diverse group of organizers and activists, be they journalists, lawyers, formerly incarcerated people, or family members, who now have a place in mainstream consciousness as DNA evidence exonerates the wrongly convicted.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused 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

Recall This Book first heard from the sociologist of American racism David Cunningham in Episode 36 Policing and White Power. Less than a week after the horrors of January 6th, 2021, he came back for this conversation about “asymmetrical policing” of the political right and left–and of White and Black Americans. His very first book (There’s Something Happening Here, 2004) studied the contrast between the FBI’s work in the 1960’s to wipe out left-wing and Black protests and its efforts to control and tame right-wing and white supremacist movements. That gives him a valuable perspective on the run-up to January 6th–and what may happen next.Mentioned in the Episode David Cunningham collaborated on this article about the “common pattern of underestimating the threat from right-wing extremists.” Ulster Defence Association Kathleen Belew, Bring the War Home: The White Power Movement and Paramilitary America Ulster Defence Association Timothy McVeigh and the Oklahoma City Bombing: FBI perspective and reported book Two of the “after-action” reports on Charlottesville that David discusses are: “Independent Review of the 2017 Protest Events in Charlottesville, Virginia” (Hunton and Williams 2017) “Virginia’s Response to the Unite the Right Rally: After-Action Review” (International Association of Chiefs of Police, December 2017) Lessons Charlottesville (should have) taught us: “Prohibiting Private Armies at Public Rallies” (Georgetown Law School, Institute for Constitutional Advocacy and protection, September 2020). Listen and Read Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Valentina Capurri's book Not Good Enough for Canada: Canadian Public Discourse Around Issues of Inadmissibility for Potential Immigrants with Diseases And/Or Disabilities (U Toronto Press, 2020) investigates the development of Canadian immigration policy with respect to persons with a disease or disability throughout the twentieth century. With an emphasis on social history, this book examines the way the state operates through legislation to achieve its goals of self-preservation even when such legislation contradicts state commitments to equality rights.Looking at the ways federal politicians, mainstream media, and the judicial system have perceived persons with disabilities, specifically immigrant applicants with disabilities, this book reveals how Canadian immigration policy has systematically omitted any reference to this group, rendering them socially invisible.Shu Wan is currently matriculated as a doctoral student in history at the University at Buffalo. As a digital and disability historian, he serves in the editorial team of Digital Humanities Quarterly and Nursing Clio. On Twitter: @slissw. 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 David B. Wong about his book Moral Relativism and Pluralism (Cambridge UP, 2023).The argument for metaethical relativism--the view that there is no single true or most justified morality--is that it is part of the best explanation of the most difficult moral disagreements. The argument for this view features a comparison between traditions that highly value relationship and community and traditions that highly value personal autonomy of the individual and rights. It is held that moralities are best understood as emerging from human culture in response to the need to promote and regulate interpersonal cooperation and internal motivational coherence in the individual. The argument ends in the conclusion that there is a bounded plurality of true and most justified moralities that accomplish these functions. The normative implications of this form of metaethical relativism are explored, with specific focus on female genital cutting and abortion.You can find out more about Prof. David Wong's works here.The book is open-access and can be freely downloaded here.Jessica Zu is an intellectual historian and a scholar of Buddhist studies. She is an assistant professor of religion at the University of Southern California. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Children of all ages are abused in every country in the world, by members of every society, culture, religion, and socio-economic class. About 120 million children under twenty, or one child in ten, report sexual abuse.We often blame children for their own abuse instead of holding the perpetrators responsible for their crimes. When perpetrators are prosecuted, punishments are rarely severe. Remarkably, we sometimes justify child sex abuse, or even facilitate it, allowing it to continue, not only in hidden places, but even in the open. Beverley Chalmers' book Child Sex Abuse: Power, Profit, Perversion (Grosvenor House, 2022) exposes the stunning extent of child sex abuse in today's world. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law