New Books in Law

Miriam Bak McKenna is an Associate Professor at the Department of Social Sciences and Business at Roskilde University (Denmark). Her first monograph, Reckoning with Empire: Self-Determination in International Law (Brill, 2023), adopts a new approach to self-determination’s international legal history, tracing the ways in which various actors have sought to reinvent self-determination in different juridical, political, and economic iterations to create the conditions for global transformation. The value of the book’s approach lies not only in a more nuanced understanding of self-determination’s legal history, but also in excavating the multiple ways in which actors, particularly those from the Global South, have challenged the existing normative and legal structures which rendered them unequal under the European system of international law. Rethinking this process touches on issues that are relevant not only to debates about the enduring legacy of imperialism in our present, but also to contemporary discussions of the position self-determination has come to occupy in international law. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Freedom Seekers: Fugitive Slaves in North America, 1800–1860 (Cambridge UP, 2021), Damian Alan Pargas introduces a new conceptualization of 'spaces of freedom' for fugitive slaves in North America between 1800 and 1860, and answers the questions: How and why did enslaved people flee to – and navigate – different destinations throughout the continent, and to what extent did they succeed in evading recapture and re-enslavement? Taking a continental approach, this study highlights the diversity of slave fight by conceptually dividing the continent into three distinct – and continuously evolving – spaces of freedom. Namely, spaces of informal freedom in the US South, where enslaved people attempted to flee by passing as free blacks; spaces of semi-formal freedom in the US North, where slavery was abolished but the precise status of fugitive slaves was contested; and spaces of formal freedom in Canada and Mexico, where slavery was abolished and runaways were considered legally free and safe from re-enslavement.Katrina Anderson is a doctoral candidate at the University of Delaware. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In recent years the authors of a slew of books and articles have debated whether China is moving toward or away from the rule of law. Against this end-of-history approach to legal inquiry, Ke Li advocates for an approach that attends to the circumstances in which state actors select legal methodologies for the purposes of statecraft, and those in which they prefer nonlegal, extralegal and illegal ones. She demonstrates this approach in Marriage Unbound: State Law, Power, and Inequality in Contemporary China (Stanford University Press, 2022), in which she offers a sophisticated “historically charged, culturalist perspective” of state legal practice in China, worked out over 15 years of immersive research and careful writing.Ke Li joins this episode of New Books in Interpretive Political and Social Science to discuss why research on authoritarian legality fails to give culture its due, the differences between practice-oriented inquiry and studies that concentrate on intersubjective meaning-making, causal inference in interpretive research, and descriptive and creative writing in the social sciences. Ke also has some great fieldwork tips for budding ethnographers.Nick Cheesman is associate professor in the Department of Political and Social Change, Australian National University and in Fall 2022 was a fellow at the Baldy Center for Law and Social Policy, University at Buffalo. He is a committee member of the Interpretive Methodologies and Methods group of the American Political Science Association and co-convenes the Interpretation, Method, Critique network at the ANU. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dress codes are as old as clothing itself. For centuries, clothing has been a wearable status symbol; fashion, a weapon in struggles for social change; and dress codes, a way to maintain political control. Dress codes evolved along with the social and political ideals of the day, but they always reflected struggles for power and status. In the 1700s, South Carolina’s “Negro Act” made it illegal for Black people to dress “above their condition.” In the 1920s, the bobbed hair and form-fitting dresses worn by free-spirited flappers were banned in workplaces throughout the United States.Even in today’s more informal world, dress codes still determine what we wear, when we wear it—and what our clothing means. People lose their jobs for wearing braided hair, long fingernails, large earrings, beards, and tattoos or refusing to wear a suit and tie or make-up and high heels. In some cities, wearing sagging pants is a crime.In Dress Codes: How the Laws of Fashion Made History (Simon & Schuster, 2021), law professor and cultural critic Dr. Richard Thompson Ford presents a history of the laws of fashion from the middle ages to the present day, a walk down history’s red carpet to uncover and examine the canons, mores, and customs of clothing—rules that we often take for granted. After reading Dress Codes, you’ll never think of fashion as superficial again—and getting dressed will never be the same.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

Jefferson Cowie discusses his book Freedom’s Dominion: A Saga of White Resistance to Federal Power (Basic Books, 2022), beginning with the book’s origin story, and then tracing the use of "freedom" to dominate others in Barbour County, Alabama, from Indian Removal in the 1830s through the Civil Rights Movement in the 1960s.This episode was produced for "Working History," the podcast of the Southern Labor Studies Association. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Intelligence Quotient is a measure of intelligence that has life-or-death consequences. Should we trust it?GUESTAlan Gouddis is a Partner with Sherman & Sterling. He was recognized by The Legal 500 as a “Leading Lawyer” in M&A Litigation Defense in 2021.  This episode was produced by Andrew Middleton  and Liya Rechtman. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Rohit De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution: The Everyday Life of Law in the Indian Republic (Princeton University Press, 2018) considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.Rohit De is assistant professor of history at Yale University.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

Why has Thailand had 20 constitutions since 1932? What accounts for the remarkable veneration Thais often feel towards these short-lived documents? How is that military coups can be viewed as completely legal in Thailand? And what accounts for the leading role prominent legal experts play in Thailand’s political order?In this podcast, Thailand scholar Duncan McCargo talks to Eugénie Mérieau about her wide-ranging new book, Constitutional Bricolage: Thailand's Sacred Monarchy vs. The Rule of Law (Bloomsbury, 2021), which analyses the unique constitutional system in operation in Thailand as a continuous process of bricolage between various Western constitutional models and Buddhist doctrines of Kingship. Reflecting on the category of 'constitutional monarchy' and its relationship with notions of the rule of law, it investigates the hybridised semi-authoritarian, semi-liberal monarchy that exists in Thailand. By studying constitutional texts and political practices in light of local legal doctrine, the book shows that the monarch's affirmation of extraordinary prerogative powers strongly rests on wider doctrinal claims about constitutionalism and the rule of law. This finding challenges commonly accepted assertions about Thailand, arguing that the King's political role is not the remnant of the 'unfinished' borrowing of Western constitutionalism, general disregard for the law, or cultural preference for 'charismatic authority', as generally thought. Drawing on materials and sources not previously available in English, this important work provides a comprehensive and critical account of the Thai 'mixed constitutional monarchy' from the late nineteenth century to the present day.Eugénie Mérieau is an Associate Professor of Public Law (maîtresse de conférences) at the University of Paris 1 Panthéon-Sorbonne, and a member of the Sorbonne Institute of Philosophical and Legal Research (CNRS).Enjoyed this podcast? Here are some related recent podcasts on Thailand from the New Books Network: Puangthong Pawakapan on Infiltrating Society: The Thai Military’s Internal Security Affairs Supalak Ganjanakhundee on A Soldier King: Monarchy and Military in the Thailand of Rama X Duncan McCargo on Network Monarchy Duncan McCargo on Fighting for Virtue: Justice and Politics in Thailand Duncan McCargo is director of the Nordic Institute of Asian Studies, and a professor of political science at the University of Copenhagen. For his work on Thai politics, go here. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Hidden Histories of the Dead: Disputed Bodies in Modern British Medical Research (Cambridge University Press, 2021), Dr. Elizabeth T. Hurren maps the post-mortem journeys of bodies, body-parts, organs, and brains, inside the secretive culture of modern British medical research after WWII as the bodies of the deceased were harvested as bio-commons. Often the human stories behind these bodies were dissected, discarded, or destroyed in death.Hidden Histories of the Dead recovers human faces and supply-lines in the archives that medical science neglected to acknowledge. Dr. Hurren investigates the medical ethics of organ donation, the legal ambiguities of a lack of fully-informed consent and the shifting boundaries of life and re-defining of medical death in a biotechnological era. Dr. Hurren reveals the implicit, explicit and missed body disputes that took second-place to the economics of the national and international commodification of human material in global medical sciences of the Genome era.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 are people judged on whether or not they are compelling? Why isn’t telling the truth enough? What are people really listening for when others share their truths? And how does this harm asylum seekers? Dina Nayeri joins us to share: Why our perceptions of other people’s experiences impact them and us. What makes a “credible” story, and what doesn’t. How her own stories shape her. Why it can be difficult to believe a messy truth. What she had to forgive herself for. The book Who Gets Believed. Today’s book is: Who Gets Believed by Dina Nayeri, which asks unsettling questions about lies, truths, and the difference between being believed and being dismissed. Dina Nayeri begins with asking why are honest asylum seekers dismissed as liars? She shares shocking and illuminating case studies, as the book grows into a reckoning with our culture’s views on believability. From learning the tools of persuasion and performance in her job at McKinsey to struggling to believe her troubled brother-in-law, Nayeri explores an aspect of our society that is rarely held up to the light. Who Gets Believed is a book as deeply personal as it is profound in its reflections on morals, language, literature, human psychology, and the unspoken social codes that determine how we relate to one another.Our guest is: Dina Nayeri, who is the author of novels, articles, and creative nonfiction. A former Fellow at the Columbia Institute for Ideas and Imagination in Paris, winner of the UNESCO City of Literature Paul Engle Prize, and fellow at the American Library in Paris, she has also won a National Endowment for the Arts literature grant, the O. Henry Prize, and Best American Short Stories, among other honors. Her work has been published in 20+ countries, in The Guardian, The New Yorker, Granta, and many other publications. She is a graduate of Princeton, Harvard, and the Iowa Writers Workshop. She has recently joined the permanent faculty at the University of St. Andrews.Our host is: Dr. Christina Gessler, who is a historian.Listeners to this episode may also be interested in: The American Library in Paris The Innocence Project A Teaspoon of Earth and Sea, by Dina Nayeri Refuge, by Dina Nayeri The Ungrateful Refugee, by Dina Nayeri Becoming the Writer You Already Are, by Michelle R. Boyd Welcome to The Academic Life! Join us here each week to learn from today’s experts inside and outside the academy, and embrace the broad definition of what it means to live an academic life. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law