New Books in Law

Men have always dominated the most basic precepts of the criminal legal world – its norms, its priorities and its character. Men have been the regulators and the regulated: the main subjects and objects of criminal law and by far the more dangerous sex. And yet men, as men, are still hardly talked about as the determining force within criminal law or in its exegesis. Criminal Law and the Man Problem (Bloomsbury, 2020) by Dr. Ngaire Naffine brings men into sharp focus, as the pervasively powerful interest group, whose wants and preoccupations have shaped the discipline. This constitutes the 'man problem' of criminal law.Dr. Naffine’s analysis probes the unacknowledged thinking of generations of influential legal men, which includes the psychological and legal techniques that have obscured the operation of bias, even to the legal experts themselves. She explains how men's interests have influenced the most cherished legal norms, especially the rules of human contact, which were designed to protect men from other men, while specifically securing lawful sexual access to at least one woman. The aim is to test the discipline's broadest commitments to civility, and its trajectory towards the final resolution, when men and women were declared to be equal and equivalent legal persons. In the process, Criminal Law and the Man Problem exposes the morally and intellectually limiting consequences of male power.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

Why is religion today so often associated with giving and taking offense? To answer this question, Slandering the Sacred: Blasphemy Law and Religious Affect in Colonial India (U Chicago Press, 2023) invites us to consider how colonial infrastructures shaped our globalized world. Through the origin and afterlives of a 1927 British imperial law (Section 295A of the Indian Penal Code), J. Barton Scott weaves a globe-trotting narrative about secularism, empire, insult, and outrage. Decentering white martyrs to free thought, his story calls for new histories of blasphemy that return these thinkers to their imperial context, dismantle the cultural boundaries of the West, and transgress the borders between the secular and the sacred as well as the public and the private.Raj Balkaran is a scholar of Sanskrit narrative texts. He teaches at the Oxford Centre for Hindu Studies and at his own virtual School of Indian Wisdom. For information see rajbalkaran.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Shipwrecks and the Bounty of the Sea (Oxford University Press, 2022), Dr. David Cressy is a work of social history examining community relationships, law, and seafaring over the long early modern period. It explores the politics of the coastline, the economy of scavenging, and the law of 'wreck of the sea' from the beginning of the reign of Elizabeth I to the end of the reign of George II. England's coastlines were heavily trafficked by naval and commercial shipping, but an unfortunate percentage was cast away or lost.Shipwrecks were disasters for merchants and mariners, but opportunities for shore dwellers. As the proverb said, it was an ill wind that blew nobody any good. Lords of manors, local officials, officers of the Admiralty, and coastal commoners competed for maritime cargoes and the windfall of wreckage, which they regarded as providential godsends or entitlements by right. A varied haul of commodities, wines, furnishings, and bullion came ashore, much of it claimed by the crown. The people engaged in salvaging these wrecks came to be called 'wreckers', and gained a reputation as violent and barbarous plunderers. Close attention to statements of witnesses and reports of survivors shows this image to be largely undeserved. Dramatic evidence from previously unexplored manuscript sources reveals coastal communities in action, collaborating as well as competing, as they harvested the bounty of the sea.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

Giulia Pecorella's The United States of America and the Crime of Aggression (Routledge, 2021) traces the position of the United States of America on aggression, beginning with the Declaration of Independence up to 2020, covering the four years of the Trump Administration. The decision of the Assembly of States Parties to the International Criminal Court to activate the Court's jurisdiction over the crime of aggression in 2018 has added further value to a book concerning the position and practice of one of the most influential states, a global military power and permanent member of the UN Security Council.Organized along chronological lines, the work examines whether, or to what extent, the US position has evolved over time. The book explores how the definition of the crime can impact upon the US, notwithstanding its failure to ratify the Rome Statute. It also shows that the US practice and opinio iuris about the law applicable to the use of force might influence, as it has done in the past, the law itself.The work will be a valuable guide for students, academics and professionals with an interest in International Criminal Law.Jeff Bachman is an associate professor at American University’s School of International Service in Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

From one of the country's most distinguished journalists, a revisionist and riveting look at the American politician whom history has judged a loser, yet who played a key part in the greatest social movement of the 20th century.During one sweltering week in July 1948, the Democratic Party gathered in Philadelphia for its national convention. The most pressing and controversial issue facing the delegates was not whom to nominate for president -the incumbent, Harry Truman, was the presumptive candidate -but whether the Democrats would finally embrace the cause of civil rights and embed it in their official platform. Even under Franklin Roosevelt, the party had dodged the issue in order to keep a bloc of Southern segregationists-the so-called Dixiecrats-in the New Deal coalition.On the convention's final day, Hubert Humphrey, just 37 and the relatively obscure mayor of the midsized city of Minneapolis, ascended the podium. Defying Truman's own desire to occupy the middle ground, Humphrey urged the delegates to "get out of the shadow of state's rights and walk forthrightly into the bright sunshine of human rights." Humphrey's speech put everything on the line, rhetorically and politically, to move the party, and the country, forward.To the surprise of many, including Humphrey himself, the delegates voted to adopt a meaningful civil-rights plank. With no choice but to run on it, Truman seized the opportunity it offered, desegregating the armed forces and in November upsetting the frontrunner Thomas Dewey, a victory due in part to an unprecedented surge of Black voters.The outcome of that week in July 1948-which marks its 75th anniversary as this book is published-shapes American politics to this day. And it was in turned shaped by Humphrey. His journey to that pivotal speech runs from a remote, all-white hamlet in South Dakota to the mayoralty of Minneapolis as he tackles its notorious racism and anti-Semitism to his role as a national champion of multiracial democracy. His allies in that struggle include a Black newspaper publisher, a Jewish attorney, and a professor who had fled Nazi Germany. And his adversaries are the white supremacists, Christian Nationalists, and America Firsters of mid-century America - one of whom tries to assassinate him.Into the Bright Sunshine: Young Hubert Humphrey and the Fight for Civil Rights (Oxford UP, 2023) is a book that celebrates one of the overlooked landmarks of civil rights history, and illuminates the early life and enduring legacy of the man who helped bring it about.Samuel G. Freedman is an award-winning professor, columnist, and author of nine acclaimed books. Freedman was a staff reporter for The New York Times from 1981 through 1987. From 2004 through 2008, he wrote the paper's "On Education" column, winning first prize in the Education Writers Association's annual competition in 2005. From 2006 through 2016, Freedman wrote the "On Religion" column, receiving the Goldziher Prize for Journalists in 2017 for a series of columns about Muslim-Americans that had been published over the preceding six years. As a professor of journalism at Columbia University, Freedman has been named the nation's outstanding journalism educator by the Society of Professional Journalists and received Columbia's coveted Presidential Award for Outstanding Teaching.Connor Christensen is a graduate student at the University of Chicago, pursuing both an MPP at the Harris School of Public Policy and an MA at the Center for Middle Eastern Studies. He welcomes collaboration, so feel free to reach out on LinkedIn or at his email, ctchristensen@uchicago.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Letters and the Law: Legal and Literary Culture in Late Imperial Russia (Northwestern UP, 2022) explores the fraught relationship between writers and lawyers in the four decades following Alexander II's judicial reforms. Nineteenth-century Russian literature abounds in negative images of lawyers and the law. Literary scholars have typically interpreted these representations either as the common, cross‑cultural critique of lawyerly unscrupulousness and greed or as an expression of Russian hostility toward Western legalism, seen as antithetical to traditional Russian values. The Letters and the Law is the first book to frame the conflict in terms of the two professions' competition for cultural authority.Anna Schur combines historical research and literary analysis to argue that the first generations of Russian trial lawyers shaped their professional identity with an eye to the celebrated figure of the writer and that they considered their own activities to be a form of verbal art. A fuller understanding of writers' antipathy to the law, Schur contends, must take into account this overlooked cultural backdrop. Laced with the better‑known critique of the lawyer's legalistic proclivities and lack of moral principle are the writer's reactions to a whole network of explicit and implicit claims of similarity between the two professions' goals, methods, and missions that were central to the lawyer's professional ideal. Viewed in this light, writers' critiques of the law and lawyers emerge as a concerted effort at protecting literature's exclusive cultural status in the context of modernization and the rapidly expanding public sphere.The study draws upon a mix of well-known and rarely studied nineteenth-century authors and texts—with particular attention paid to Fyodor Dostoevsky and Mikhail Saltykov-Shchedrin—and on a wide range of nonliterary sources, including courtroom speeches, guides to forensic oratory, legal treatises, and specialized press.Anna Schur is a professor of English at Keene State College in New Hampshire. She is the author of Wages of Evil: Dostoevsky and Punishment (Northwestern University Press).Yelizaveta Raykhlina is a historian of Russia and Eurasia and holds a PhD from Georgetown University. She is a faculty member at New York University. To learn more, visit her website or follow her on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Patriarchal forces of law, finance, and social custom restricted women’s rights and agency in revolutionary America. Yet women in this period exploited these confines, transforming constraints into vehicles of female empowerment. Through a close reading of thousands of legislative, judicial, and institutional pleas across seventy years of history in three urban centers, Jacqueline Beatty illustrates the ways in which women in the revolutionary era asserted their status as dependents, demanding the protections owed to them as the assumed subordinates of men. In so doing, they claimed various forms of aid and assistance, won divorce suits, and defended themselves and their female friends in the face of patriarchal assumptions about their powerlessness. Ultimately, women in the revolutionary era were able to advocate for themselves and express a relative degree of power not in spite of their dependent status, but because of it.Their varying degrees of success in using these methods, however, was contingent on their race, class, and socio-economic status, and the degree to which their language and behavior conformed to assumptions of Anglo-American femininity. In Dependence: Women and the Patriarchal State in Revolutionary America (NYU Press, 2023) thus exposes the central paradoxes inherent in American women’s social, legal, and economic positions of dependence in the Revolutionary era, complicating binary understandings of power and weakness, of agency and impotence, and of independence and dependence. Significantly, the American Revolution provided some women with the language and opportunities in which to claim old rights―the rights of dependents―in new ways. Most importantly, In Dependence shows how women’s coming to consciousness as rights-bearing individuals laid the groundwork for the activism and collective petitioning efforts of later generations of American feminists.Jane Scimeca is Professor of History at Brookdale Community College. @JaneScimeca1 Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today, gun control is one of the most polarizing topics in American politics. However, before the 1960s, positions on firearms rights did not necessarily map onto partisan affiliation. What explains this drastic shift? Patrick J. Charles charts the rise of gun rights activism from the early twentieth century through the 1980 presidential election, pinpointing the role of the 1968 Gun Control Act. Gun rights advocates including the National Rifle Association had lobbied legislators for decades, but they had cast firearms control as a local issue. After the assassination of President John F. Kennedy in 1963 spurred congressional proposals to regulate firearms, gun rights advocates found common cause with states' rights proponents opposed to civil rights legislation. Following the enactment of the Gun Control Act, lawmakers on both sides of the aisle began to stake out firm positions. Politicians including Richard Nixon and Ronald Reagan recognized the potential of gun control as a wedge issue, and gun rights became increasingly tied to the Republican Party. Drawing on a vast range of archival evidence, Charles offers new insight into the evolution of the gun rights movement and how politicians responded to anti-gun control hardliners. He examines in detail how the National Rifle Association reinvented itself as well as how other advocacy groups challenged the NRA's political monopoly. Offering a deep dive into the politicization of gun rights, Vote Gun: How Gun Rights Became Politicized in the United States (Columbia University Press, 2023) reveals the origins of the acrimonious divisions that persist to this day.Patrick J. Charles is senior historian and archivist for the United States Air Force.Caleb Zakarin is the Assistant Editor of the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Critics of contemporary US higher education often point to the academy’s “corporatization” as one of its defining maladies. However, in The Autocratic Academy: Reenvisioning Rule Within America's Universities (Duke UP, 2023), Timothy V. Kaufman-Osborn argues that American colleges and universities have always been organized as corporations in which the power to rule is legally vested in and monopolized by antidemocratic governing boards.This institutional form, Kaufman-Osborn contends, is antithetical to the free inquiry that defines the purpose of higher education. Tracing the history of the American academy from the founding of Harvard (1636), through the Supreme Court’s Dartmouth v. Woodward ruling (1819), and into the twenty-first century, Kaufman-Osborn shows how the university’s autocratic legal constitution is now yoked to its representation on the model of private property. Explaining why appeals to the cause of shared governance cannot succeed in wresting power from the academy’s autocrats, Kaufman-Osborn argues that American universities must now be reincorporated in accordance with the principles of democratic republicanism. Only then can the academy’s members hold accountable those chosen to govern and collectively determine the disposition of higher education’s unique public goods.Timothy V. Kaufman-Osborn is Baker Ferguson Professor of Politics and Leadership Emeritus at Whitman College and author of From Noose to Needle: Capital Punishment and the Late Liberal State and Creatures of Prometheus: Gender and the Politics of Technology. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Just when the world thought Oscar Pistorius’ meteoric rise to Olympic glory and international celebrity had terminated abysmally in prison, Brent Willock’s scientific perspective reopens this gripping narrative for an astonishing re-view. Olympian Oscar Pistorius’ spectacular assent to fame ground to a screeching halt in the wee hours of Valentine’s Day, 2013. Hearing a sound emanating from his bathroom, he grabbed his pistol and he stumbled to the washroom, screaming at the intruders to leave. Fearing someone was about to emerge to harm him and his girlfriend, Reeva, he fired four bullets into the bathroom. Soon he realized he had killed his lover. Horrified, he summoned the authorities. The investigating detective believed this was yet another case of an escalating argument where a man murdered his partner. World opinion is split. Some believe Oscar. Others are convinced he committed a despicable crime of passion. In The Wrongful Conviction of Oscar Pistorius: Science Transforms Our Comprehension of Reeva Steenkamp's Shocking Death (Torchflame Books, 2018), distinguished clinical psychologist Brent Willock brings an entirely new perspective to bear on these horrific events: that Oscar’s horrific actions occurred while he was in a state of paradoxical sleep, also known as parasomnia. Throughout this book, Willock uses scientific scrutiny and legal precedence to resolve the crucial anomalies surrounding the Oscar Pistorius trial. Willock also discusses how mental health experts and the defense team might have overlooked the hypothesis of parasomnia that could have exonerated Oscar. Millions who followed the Blade Runner’s astonishing achievements, uplifted and inspired by his triumph over physical adversity, were crushed by his precipitous plunge from grace. They were baffled. Even Oscar himself, in a television interview shortly before his sentencing, achingly asked, “I always think, How did this possibly happen? How could this have happened?” At last, Willock’s elegant work responds to these poignant questions that have so plagued and pained Reeva’s family, friends, Oscar, and, indeed, the world.Karyne Messina is a licensed psychologist and psychoanalyst at the Washington Baltimore Center for Psychoanalysis and am on the medical staff of Suburban Hospital in Bethesda, Maryland. She is the author of Resurgence of Populism: A Psychoanalytic Study of Projective Identification, Blame Shifting and the Corruption of Democracy (Routledge, 2022). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law