New Books in 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

Thomas Kuehn, Professor Emeritus at Clemson University talks about his new book, Patrimony and Law in Renaissance Italy (Cambridge University Press, 2022) and share's the knowledge produced in a long and fruitful career. Family was a central feature of social life in Italian cities. In the Renaissance, jurists, humanists, and moralists began to theorize on the relations between people and property that formed the 'substance' of the family and what held it together over the years. Family property was a bundle of shared rights. This was most evident when brothers shared a household and enterprise, but it also faced overlapping claims from children and wives which the paterfamilias had to recognize. Thomas Kuehn explores patrimony in legal thought, and how property was inherited, managed and shared in Renaissance Italy. Managing a patrimony was not a simple task. This led to a complex and active conceptualization of shared rights, and a conscious application of devices in the law that could override liabilities and preserve the group, or carve out distinct shares for each member. This wide-ranging volume charts the ever-present conflicts that arose and were a constant feature of family life.Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But professionals, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state’s authority over personal law and rejected legal codification by embracing flexibility and possibility. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost, South Asia Digital Librarian for the Center for Research Libraries, rejects narratives of stagnation and decline and shows in Everyday Islamic Law and the Making of Modern South Asia (UNC Press, 2022), how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond. In our conversation we discussed legal pluralism under British colonialism, alternative archives of legal information, the Queen’s Proclamation of 1858, the role of the category “religion” in colonial politics, Islamic legal publishing, Muslim marriage registers, the Muslim Personal Law Application Act of 1937, and the effects of Islamic legal practice in the lives of everyday people.Kristian Petersen is an Associate Professor of Philosophy & Religious Studies at Old Dominion University. You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at kpeterse@odu.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Why have the founding members of the United Nations (the P5) evaded accountability for their crimes of genocide?Jeff Bachman, of the American University School of International Service, provides an answer in his book, The Politics of Genocide: From the Genocide Convention to the Responsibility to Protect (Rutgers UP, 2022). It starts with an analysis of the processes that led to the adoption of the United Nations’ Convention on the Prevention and Punishment of the Crime of Genocide in December 1948. It ends with a call of the “self-perpetuating” implications of Western impunity for genocidal violence, at home and abroad. Bachman narrows in on the five permanent members of the UN Security Council to highlight the structural inequality baked into the Genocide Convention. The result is a cogent and devastating evaluation of the ways in which the Western powers of the P5 -- the US in particular -- are assumed to act in good faith when it comes to preventing and punishing acts of genocide.Susan Thomson is an Associate Professor of Peace and Conflict Studies at Colgate University. I like to interview pretenure scholars about their research. I am particularly keen on their method and methodology, as well as the process of producing academic knowledge about African places and people. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. In The Proof: Uses of Evidence in Law, Politics, and Everything Else (Harvard University Press, 2022), preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules.Prof. Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He is also a fellow of the American Academy of Arts and Sciences, a corresponding fellow of the British Academy and a past recipient of a Guggenheim Fellowship.Dr. Rine Vieth is a researcher studying how the UK Immigration and Asylum tribunals consider claims of belief, how claims of religious belief are evidenced, and the role of faith communities in asylum-seeker support. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 2021, a famous Vietnamese businesswoman hosted a three-hour long Facebook livestream, in which she named and shamed celebrities for their controversial public behaviours. This formed part of a regular pattern of personal attacks, in which she weaponised livestreaming to denounce media and charity organisations in front of huge online audiences. This case marked a turning point in Vietnam, forcing the government to contend with growing political activity in the online environment, and prompting new digital media regulation.In this episode, Dr Jonathon Hutchinson joins Dr Natali Pearson to discuss this case and other examples of online socio-political activism in Vietnam, reflecting on the tension between social media influencing and digital media regulation, and highlighting its potential positive and negative effects.About Jonathon Hutchinson:Dr Jonathon Hutchinson is a Senior Lecturer in Online Communication and Media at the University of Sydney. He is a Chief Investigator on the Australian Research Council Discovery Project, Online News and Media Pluralism, and is also a Chief Investigator on the eSafety Commission Research project, Emerging online safety issue: co-creating social media education with young people. His research explores cultural production, public service media, cultural intermediation, everyday social media, automated media, and algorithms in media. He is the Editor-in-Chief of the Policy & Internet journal and the Treasurer for the Australian and New Zealand Communication Association. Dr Hutchinson is on the Board of Directors for the Wholistic World Innovation Trophy as part of the Diplomatic World Institute and is an active and regular contributor to the media. He is an award-winning author with articles in a number of national and international Scimago Q1 journals, government submissions, and his book, Cultural Intermediaries: Audience Participation and Media Organisations (2017), is published through Palgrave Macmillan.For more information or to browse additional resources, visit the Sydney Southeast Asia Centre’s website: www.sydney.edu.au/sseac. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In A Lovely Girl: The Tragedy of Olga Duncan and the Trial of California's Most Notorious Killer (Pegasus Crime, 2022), Deborah Larkin tells the incredible story of a 1958 murder that ended with the last woman to ever be executed in California—a murder so twisted it seems ripped from a Greek tragedy. Larkin was only ten years old when the quiet calm of her California suburb was shattered. Thirty miles north, on a quiet November night in Santa Barbara, a pregnant nurse named Olga Duncan disappeared from her apartment. The mystery deepens when it is discovered that Olga’s mother in-law—a deeply manipulative and deceptive woman—had been doing everything in her power to separate Olga and her son, Frank, prior to Olga’s disappearance. From a forged annulment to multiple attempts to hire people to “get rid” of Olga, to a faked excoriation case, Elizabeth seemed psychopathically attached to her son. Yet she denied having anything to do with Olga’s disappearance with a smile. But when Olga’s brutally beaten body is found in a shallow grave, apparently buried alive, a young DA makes it his mission to see that Elizabeth Duncan is brought to justice. Adding a wrinkle to his efforts is the fact that Frank—himself a defense attorney—maintained his mother’s innocent to the end. How does a young girl process such a crime along with the fear and disbelieve that rocked an entire community? Decades later, Larkin is determined to revisit the case and bring the story of Olga herself to light. Long overshadowed by the sensationalism and scandal of Elizabeth and Frank, A Lovely Girl seeks to reveal Olga as a woman in full. Someone who was more than the twisted family that would ultimately ensnare her. Rebekah Buchanan is a Professor of English and Director of English Education at Western Illinois University. Her research focuses on feminism, activism, and literacy practices in youth culture, specifically through zines and music. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Stephanie Wolfe and Matthew Kane's In the Shadow of Genocide: Justice and Memory Within Rwanda (Routledge, 2023) brings together scholars and practitioners for a unique inter-disciplinary exploration of justice and memory within Rwanda. It explores the various strategies the state, civil society, and individuals have employed to come to terms with their past and shape their future. The main objective and focus is to explore broad and varied approaches to post-atrocity memory and justice through the work of those with direct experience with the genocide and its aftermath. This includes many Rwandan authors as well as scholars who have conducted fieldwork in Rwanda. By exploring the concepts of how justice and memory are understood the editors have compiled a book that combines disciplines, voices, and unique insights that are not generally found elsewhere.Including academics and practitioners of law, photographers, poets, members of Rwandan civil society, and Rwandan youth this book will appeal to scholars and students of political science, legal studies, French and francophone studies, African studies, genocide and post-conflict studies, development and healthcare, social work, education and library services. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

"Why do we think about some practices as work, and not others? Why do we classify certain capacities as economically valuable skills, and others as innate characteristics? What, moreover, is the role of law in shaping our answers to these questions?"These are just some of the queries explored by Dr. Zoe Adams's analysis of the legal construction, and regulation, of work, in her book The Legal Concept of Work (Oxford University Press, 2022).Spanning from the 14th century to the present day, the book explores how the role of law and legal concepts comes to consider some forms of human labour as work, and some forms of human labour as non-work. It examines why perceptions of these activities can change over time, and how legal constitution impacts the way in which work comes to be regulated, organised, and valued.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

Professor Jonathan Herring makes an argument that suicidal people have a right to be protected from committing suicide, and that the state should be under a duty to take reasonable steps to protect them from killing themselves. In The Right to Be Protected from Committing Suicide (Hart, 2022) Herring takes a deep dive into ideas surrounding autonomy and capacity, to draw out the tensions between these concepts and the legal and ethical debates which provide support for non-interventionist argument based on respect for a "right" to commit suicide. Going beyond the usual concerns of Euthanasia, this book challenges readers to examine suicide as a failing of society to offer support to those who need it, as opposed to an individual choice to end one's life. Professor Jonathan Herring is a Professor of Law at Exeter College in the Faculty of Law at the University of Oxford. He is the author of around 50 solo authored monographs. Listener note: In this interview, we discuss suicide, which may be upsetting for some listeners. However, support is available. In the UK, call Samaritans on 11 61 23; the US, Suicide and Crisis Lifeline on 988; in Australia, Lifeline on 13 11 14; and Hong Kong, call Samaritans on 2896 0000. 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