New Books in Law

In The State (Princeton University Press, 2023), the prominent political philosopher Philip Pettit embarks on a massive undertaking, offering a major new account of the foundations of the state and the nature of justice. In doing so, Pettit builds a new theory of what the state is and what it ought to be, addresses the normative question of how justice serves as a measure of the success of a state, and the way it should operate in relation to its citizens and other people.Philip Pettit is L.S. Rockefeller University Professor of Human Values at Princeton University and Distinguished Professor of Philosophy at the Australian National University, Canberra.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

Since the Founding, Americans have debated the true meaning of freedom. For some, freedom meant the provision of life's necessities, those basic conditions for the "pursuit of happiness." For others, freedom meant the civil and political rights enumerated in the Bill of Rights and unfettered access to the marketplace--nothing more. As Mark Paul explains, the latter interpretation--thanks in large part to a particularly influential cadre of economists--has all but won out among policymakers, with dire repercussions for American society: rampant inequality, endemic poverty, and an economy built to benefit the few at the expense of the many.In The Ends of Freedom: Reclaiming America's Lost Promise of Economic Rights (University of Chicago Press, 2023), Paul shows how economic rights--rights to necessities like housing, employment, and health care--have been a part of the American conversation since the Revolutionary War and were a cornerstone of both the New Deal and the Civil Rights Movement. Their recuperation, he argues, would at long last make good on the promise of America's founding documents. By drawing on FDR's proposed Economic Bill of Rights, Paul outlines a comprehensive policy program to achieve a more capacious and enduring version of American freedom. Among the rights he enumerates are the right to a good job, the right to an education, the right to banking and financial services, and the right to a healthy environment.Replete with discussions of some of today's most influential policy ideas--from Medicare for All to a federal job guarantee to the Green New Deal--The Ends of Freedom is a timely and urgent call to reclaim the idea of freedom from its captors on the political right--to ground America's next era in the country's progressive history and carve a path toward a more economically dynamic and equitable nation.Mark Paul is an assistant professor of economics at the Bloustein School of Planning and Public Policy at Rutgers 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

In this series of interviews from the MIT Press Podcast, we'll be drawing on the research of various authors to reflect on some of the issues shaping the American political landscape of today.In this, the first episode, Robert I. Rotberg (author of Anticorruption) discusses corruption - what is it? where is it? And is it getting worse? He explains the long history of corruption in the USA, as well as the measures that can be taken to eradicate it. We also explore issues of corruption across the globe, including the Lava Jato case in Brazil, the authoritarian anti-corruption of Rwanda and the ways in which corporate elites shape politics in countries like the US and the UK.Robert I. Rotberg is President Emeritus of the World Peace Foundation, Founding Director of Harvard Kennedy School's Program on Intrastate Conflict, and Fellow of the American Academy of Arts and Sciences. He is the author of The Corruption Cure: How Citizens and Leaders Can Combat Graft, Things Come Together: Africans Achieving Greatness in the Twenty-First Century, Transformative Political Leadership, and numerous other books.Hosted by Sam Kelly; Mixed by Samantha Doyle; Soundtrack by Kristen Gallerneaux Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In The Prescription-To-Prison Pipeline: The Medicalization and Criminalization of Pain (Duke UP, 2023), Michelle Smirnova argues that the ongoing opioid drug epidemic is the result of an endless cycle in which suffering is medicalized and drug use is criminalized. Drawing on interviews with eighty incarcerated individuals in Missouri correctional institutions, Smirnova shows how contradictions in medical practices, social ideals, and legal policies disproportionately criminalize the poor for their social condition. This criminalization further exacerbates and perpetuates drug addiction and poverty.Tracing the processes by which social issues are constructed as biomedical ones that necessitate pharmacological intervention, Smirnova highlights how inequitable surveillance, policing, and punishment of marginalized populations intensify harms associated with both treatment and punishment, especially given that the distinctions between the two have become blurred. By focusing on the stories of people whose pain and pharmaceutical treatment led to incarceration, Smirnova challenges the binary of individual and social problems, effectively exploring how the conceptualization, diagnosis, and treatment of substance use may exacerbate outcomes such as relapse, recidivism, poverty, abuse, and death. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In State Responses to Crimes of Genocide: What Went Wrong and How to Change it (Palgrave Macmillan, 2022) Dr Ewelina U. Ochab and Lord Alton of Liverpool bring together ongoing situations of genocide around the globe. Foregrounding the testimonies of victims, the authors' multiple visits to the aftermath of atrocities, and the countless actions taken by Lord Alton in British Parliament over his 40 year political career, this book is a chilling but essential read which compels a response. Atrocities are contextualised in the history of the UN Convention on the Prevention and Punishment of the Crime of Genocide. It poses the question as to what, if anything, has improved since the Genocide Convention was enacted in 1948. In our interview, Dr Ochab and Lord Alton make the case that the international response to recent and ongoing genocides perpetrated against Uyghur Muslims in Xinjiang, against Rohingya Muslims in Myanmar, against belief minorities in Syria and Iraq, and in Nigeria and Dafur, have been inadequate. Instead, the global community must act to predict, prevent, protect and punish genocide. And while recent responses to these atrocities would seem to give little hope for the future, the book does aim to motivate action to prevent the crime of genocide in the future. Dr Ewelina U. Ochab is a human rights advocate, author and co-founder of the Coalition for Genocide Response.Lord David Alton of Liverpool was a Member of the House of Commons in British Parliament for 18 years, and is now an Independent Crossbench Life Peer. Jane 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

Will Guantanamo ever be closed down? Some people are still there – all these years after 9/11. So why are they still held and when will it end? James Connell is representing one of those who remains there, Ammar al Baluchi, and tells Owen Bennett Jones about the future of Guantanamo.Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 2005, after considerable campaigning by women’s groups, the Indian government brought in an important new law, the Protection of Women from Domestic Violence Act (PWDVA). A civil law, the PWDVA was meant to combat violence against women in familial and intimate spaces. In The Violent Domestic Law: Its Practice and Strategies of Survival (Zubaan Academic, 2022), the authors ask: how effective has this law been? Have there been any changes in institutional regimes and their politics as a result of this legislation? They look at seven districts of West Bengal and interrogate, through the testimonies of survivors, whether the law reshapes the domestic, or whether the embeddedness of violence in the domestic is so complete that change through law must necessarily be partial and imperfect. Importantly, the questions the authors ask go beyond the heteronormative approach that centres only the married woman in the discourse around domestic violence. They include the voices of lesbian and transgender women, as well as women with physical and psycho-social disabilities. Given these unique insights, The Violent Domestic will be a welcome addition to legal and gender studies.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Is libertarianism a progressive doctrine, or a reactionary one? Does libertarianism promise to liberate the poor and the marginalized from the yoke of state oppression, or does talk of "equal liberty" obscure the ways in which libertarian doctrines serve the interests of the rich and powerful? Through an examination of the history of libertarianism, The Individualists: Radicals, Reactionaries, and the Struggle for the Soul of Libertarianism (Princeton University Press, 2023) argues that the answer is (and always has been): both. In this book, the authors explore the neglected 19th century roots of libertarianism to show that it emerged first as a radical and progressive doctrine. Libertarianism took a conservative turn in the 20th century primarily as a reaction against the rise of state socialism. Now, with international communism no longer a threat, libertarianism is in the midst of an identity crisis, with progressive and reactionary elements struggling to claim the doctrine as their own, most notably on issues of race. This book tells the history of libertarianism through an examination of six defining themes: private property, skepticism of authority, free markets, individualism, spontaneous order, and individual liberty. Matt Zwolinski is professor of philosophy at the University of San Diego, where he is director of the Center for Ethics, Economics, and Public Policy. John Tomasi is president of Heterodox Academy in New York City.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

In Semiotics of Rape: Sexual Subjectivity and Violation in Rural India (Duke UP, 2022), Rupal Oza follows the social life of rape in rural northwest India to reveal how rape is not only a violation of the body but a language through which a range of issues—including caste and gender hierarchies, control over land and labor, and the shape of justice—are contested. Rather than focus on the laws governing rape, Oza closely examines rape charges to show how the victims and survivors of rape reclaim their autonomy by refusing to see themselves as defined entirely by the act of violation. Oza also shows how rape cases become arenas where bureaucrats, village council members, caste communities, and the police debate women’s sexual subjectivities and how those varied understandings impact the status and reputations of individuals and groups. In this way, rape gains meaning beyond the level of the survivor and victim to create a social category. By tracing the shifting meanings of sexual violence and justice, Oza offers insights into the social significance of rape in India and beyond.Iqra Shagufta Cheema writes and teaches in the areas of media cultures, postcolonial literatures, transnational feminisms, gender and sexuality studies, and global south film studies. Check out her upcoming books: The Other #MeToos and ReFocus: The Films of Annemarie Jacir. 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

Susan Schuppli is Director of the Centre for Research Architecture in the Department of Visual Cultures at Goldsmiths, University of London. In her book, Material Witnesss, her research is an exploration of the evidential role of matter in contexts including the natural disaster, climate change, and conflict zones. In this interview she discusses her work as a writer, artist and educator.The evidential role of matter--when media records trace evidence of violence--explored through a series of cases drawn from Kosovo, Japan, Vietnam, and elsewhere.In this book, Susan Schuppli introduces a new operative concept: material witness, an exploration of the evidential role of matter as both registering external events and exposing the practices and procedures that enable matter to bear witness. Organized in the format of a trial, Material Witness moves through a series of cases that provide insight into the ways in which materials become contested agents of dispute around which stake holders gather.These cases include an extraordinary videotape documenting the massacre at Izbica, Kosovo, used as war crimes evidence against Slobodan Milosevic; the telephonic transmission of an iconic photograph of a South Vietnamese girl fleeing an accidental napalm attack; radioactive contamination discovered in Canada's coastal waters five years after the accident at Fukushima Daiichi; and the ecological media or "disaster film" produced by the Deep Water Horizon oil spill in the Gulf of Mexico. Each highlights the degree to which a rearrangement of matter exposes the contingency of witnessing, raising questions about what can be known in relationship to that which is seen or sensed, about who or what is able to bestow meaning onto things, and about whose stories will be heeded or dismissed.An artist-researcher, Schuppli offers an analysis that merges her creative sensibility with a forensic imagination rich in technical detail. Her goal is to relink the material world and its affordances with the aesthetic, the juridical, and the political. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law