New Books in Law

Saving the International Justice Regime: Beyond Backlash against International Courts (Cambridge University Press, 2021) is at the forefront of a new conceptualization of backlash politics. Dr. Courtney Hillebrecht brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?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

Today I talked to Helga Nowotny about her new book In AI We Trust: Power, Illusion and Control of Predictive Algorithms (Polity, 2021).One of the most persistent concerns about the future is whether it will be dominated by the predictive algorithms of AI - and, if so, what this will mean for our behaviour, for our institutions and for what it means to be human. AI changes our experience of time and the future and challenges our identities, yet we are blinded by its efficiency and fail to understand how it affects us.At the heart of our trust in AI lies a paradox: we leverage AI to increase our control over the future and uncertainty, while at the same time the performativity of AI, the power it has to make us act in the ways it predicts, reduces our agency over the future. This happens when we forget that that we humans have created the digital technologies to which we attribute agency. These developments also challenge the narrative of progress, which played such a central role in modernity and is based on the hubris of total control. We are now moving into an era where this control is limited as AI monitors our actions, posing the threat of surveillance, but also offering the opportunity to reappropriate control and transform it into care.As we try to adjust to a world in which algorithms, robots and avatars play an ever-increasing role, we need to understand better the limitations of AI and how their predictions affect our agency, while at the same time having the courage to embrace the uncertainty of the future.Galina Limorenko is a doctoral candidate in Neuroscience with a focus on biochemistry and molecular biology of neurodegenerative diseases at EPFL in Switzerland. To discuss and propose the book for an interview you can reach her at galina.limorenko@epfl.ch. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Up to Heaven and Down to Hell (Princeton UP, 2021) is a vivid and sometimes heartbreaking account of what happens when one of the most momentous decisions about the well-being of our communities and our planet--whether or not to extract shale gas and oil from the very land beneath our feet--is largely a private choice that millions of ordinary people make without the public's consent.The United States is the only country in the world where property rights commonly extend up to heaven and down to hell, which means that landowners have the exclusive right to lease their subsurface mineral estates to petroleum companies. Colin Jerolmack spent eight months living with rural communities outside of Williamsport as they confronted the tension between property rights and the commonwealth. In this deeply intimate book, he reveals how the decision to lease brings financial rewards but can also cause irreparable harm to neighbors, to communal resources like air and water, and even to oneself.Up to Heaven and Down to Hell casts America's ideas about freedom and property rights in a troubling new light, revealing how your personal choices can undermine your neighbors' liberty, and how the exercise of individual rights can bring unintended environmental consequences for us all.Sebastián Rojas Cabal is a Ph.D. student in the Sociology Department at Princeton University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mahatma Gandhi said, “Those who believe religion and politics aren't connected don't understand either.”The relationship between religion and state presents complex challenges to liberal democracies around the world. In this work, Gideon Sapir and David Statman Propose a comprehensive theory about state and religion relations, providing tools to think systematically about questions in this field Use a clear philosophical underpinning for its analysis Offer a detailed case study of the arrangements in Israel which encourages sensitivity to the unique circumstances of different countries State and Religion in Israel: A Philosophical-Legal Inquiry (Cambridge UP, 2019) begins with a philosophical analysis of the two main questions regarding the role of religion in liberal states: should such states institute a 'Wall of Separation' between state and religion? Should they offer religious practices and religious communities special protection?Sapir and Statman argue that liberalism in not committed to Separation, but is committed to granting religion a unique protection, albeit a narrower one than often assumed. They then use Israel as a case study for their conclusions.Although Israel is defined as a Jewish state, its Jewish identity need not be interpreted religiously, requiring that it subjects itself to the dictates of Jewish law (Halakha). The authors test this view by critically examining important topics relevant to state and religion in Israel, such as marriage and divorce, the drafting of yeshiva students into the army, and the character of the Sabbath.Renee Garfinkel, Ph.D. is a psychologist, writer, Middle East television commentator and host of The New Books Network’s Van Leer Jerusalem Series on Ideas. Write her at reneeg@vanleer.org.il Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Does ‘citizenship’ exist in a socialist or communist context? If it does, what would this mean in the case of Vietnam? To what extent do the Vietnamese state and Vietnamese citizens perceive citizenship differently? And how are those differences negotiated? Why does the wave of recent popular protests in neighbouring countries concern the Vietnamese government? Two lecturers from the University of Passau, Mirjam Le and Franziska Nicolaisen, share and discuss with Linh Phương Lê their findings on these issues.Mirjam Le is a lecturer and PhD researcher in Southeast Asian Studies at the University of Passau, Germany. Her thesis focuses on small town urbanization and the production of urban space in Vietnam. Her research interests involve urbanization and state-society relations in Vietnam, especially processes of self-organization and citizenship.Franziska S. Nicolaisen is a lecturer and research assistant for the chair of Development Economics at the University of Passau in Germany. Her work focuses on sustainable urban mobility in Vietnam. Other research interests include heritage tourism, health governance and social movements in the context of Southeast Asia.This episode is a discussion of their chapter of the same title, published in Vietnam at the Vanguard: New Perspectives Across Time, Space, and Community, edited by Jamie Gillen, Liam Kelley and Phan Le Ha (Springer 2021).Linh Phương Lê is a PhD Researcher at the Institute for Media Studies, KU Leuven University in Belgium. Her work explores the media representation of Vietnamese female migrants to China and Taiwan. A former NIAS-SUPRA scholarship receiver, Linh’s regional focus is on Vietnam and East Asia.The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the Nordic Institute of Asian Studies (NIAS) based at the University of Copenhagen, along with our academic partners: the Centre for East Asian Studies at the University of Turku, and Asianettverket at the University of Oslo.We aim to produce timely, topical and well-edited discussions of new research and developments about Asia.About NIAS: www.nias.ku.dkTranscripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcast Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode, Siobhan talks with Warren Eugene Milteer, Jr. about his book North Carolina’s Free People of Color, 1715-1885 (LSU Press, 2020). He is an assistant professor of history at the University of North Carolina at Greensboro. His publications include two academic books, Beyond Slavery’s Shadow: Free People of Color in the South (UNC Press, 2021) and North Carolina’s Free People of Color, 1715-1885 (LSU Press, 2020), the independently published Hertford County, North Carolina’s Free People of Color and Their Descendants (2016), as well as articles in the Journal of Social History and the North Carolina Historical Review. Milteer was the recipient of the Historical Society of North Carolina’s R. D. W. Connor Award in 2014 and 2016 for the best journal article in the North Carolina Historical Review.In North Carolina’s Free People of Color, 1715–1885, Warren Eugene Milteer Jr. examines the lives of free persons categorized by their communities as “negroes,” “mulattoes,” “mustees,” “Indians,” “mixed-­bloods,” or simply “free people of color.” From the colonial period through Reconstruction, lawmakers passed legislation that curbed the rights and privileges of these non-enslaved residents, from prohibiting their testimony against whites to barring them from the ballot box. While such laws suggest that most white North Carolinians desired to limit the freedoms and civil liberties enjoyed by free people of color, Milteer reveals that the two groups often interacted—praying together, working the same land, and occasionally sharing households and starting families. Some free people of color also rose to prominence in their communities, becoming successful business people and winning the respect of their white neighbors.Milteer’s innovative study moves beyond depictions of the American South as a region controlled by a strict racial hierarchy. He contends that although North Carolinians frequently sorted themselves into races imbued with legal and social entitlements—with whites placing themselves above persons of color—those efforts regularly clashed with their concurrent recognition of class, gender, kinship, and occupational distinctions. Whites often determined the position of free nonwhites by designating them as either valuable or expendable members of society. In early North Carolina, free people of color of certain statuses enjoyed access to institutions unavailable even to some whites. Prior to 1835, for instance, some free men of color possessed the right to vote while the law disenfranchised all women, white and nonwhite included.North Carolina’s Free People of Color, 1715–1885 demonstrates that conceptions of race were complex and fluid, defying easy characterization. Despite the reductive labels often assigned to them by whites, free people of color in the state emerged from an array of backgrounds, lived widely varied lives, and created distinct cultures—all of which, Milteer suggests, allowed them to adjust to and counter ever­-evolving forms of racial discrimination. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Viktoriya Kim, Nelia Balgoa, and Beverley Anne Yamamoto's book The Politics of International Marriage in Japan (Rutgers UP, 2021) provides an in-depth exploration and analysis of marriages between Japanese nationals and migrants from three broad ethnic/cultural groups - spouses from the former Soviet Union countries, the Philippines, and Western countries. It reveals how the marriage migrants navigate the intricacies and trajectories of their marriages with Japanese people while living in Japan. Seen from the lens of ‘gendered geographies of power’, the book explores how state-level politics and policies towards marriage, migration, and gender affect the personal power politics in operation within the relationships of these international couples. Overall, the book discusses how ethnic identity intersects with gender in the negotiation of spaces and power relations between and amongst couples; and the role states and structural inequalities play in these processes, resulting in a reconfiguration of our notions of what international marriages are and how powerful gender and the state are in understanding the power relations in these unions.Jingyi Li is a PhD Candidate in Japanese History at the University of Arizona. She researches about early modern Japan, literati, and commercial publishing. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For the past 30 years, a group of Russian scholars have dedicated themselves to uncovering the crimes of Stalinism. Their organization, Memorial, has in that time made great strides in understanding the scale, nature and history of Stalin's repression. On 28 December 2021, Russia's highest court found that Memorial was in violation of the Russian Federation's law regarding "foreign agents" and ordered it to be closed.  In this interview, I talked with Benjamin Nathans about Memorial's history, work, and the reasons Putin decided to shut it down now. Nathans, a professor of history at the University of Pennsylvania, has worked with and for Memorial since the 1990s. For more about Memorial, go here. Marshall Poe is the founder and editor of the New Books Network. He can be reached at marshallpoe@newbooksnetwork.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Empires of Vice: The Rise of Opium Prohibition across Southeast Asia (Princeton University Press, 2020) Diana Kim situates the regulation of vice at the heart of colonial state building. Through a layered comparison of opium prohibition in Burma, Malaya and Vietnam she shows how petty bureaucrats told stories to one another about opium that incrementally transformed into official problems, which those same bureaucrats and their successors had to solve. Prohibition did not come through grand decisions and decisive moments in old European metropoles and new international organizations so much as it did via accumulated observations and interpretations by thousands of “bad ethnographers” in the British and French imperial civil services.Empires of Vice won the Giovanni Sartori Best Book Award, Qualitative Methods Section of the American Political Science Association, and got honourable mentions from the committees for the Charles Taylor Book Award, Interpretive Methodologies and Methods section of APSA, and the Allan Sharlin Memorial Award, Social Science History Association.This is the fifth episode of New Books in Interpretive Political and Social Science to featuring an exemplary monograph in interpretive political or social science. The others are Natasha Behl on Gendered Citizenship, Lisa Wedeen on Authoritarian Apprehensions, James Scott on Against the Grain, and Sarah Wiebe on Everyday Exposure. To download or stream episodes in the series, please subscribe to our host channel: New Books in Political Science.Nick Cheesman is an associate professor in the Department of Political and Social Change, Australian National University. He is a committee member of the Interpretive Methodologies and Methods group and co-convenes the Interpretation, Method, Critique network. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For many Americans, the birth certificate is a mundane piece of paper, unearthed from deep storage when applying for a driver’s license, verifying information for new employers, or claiming state and federal benefits. Yet as Donald Trump and his fellow “birthers” reminded us when they claimed that Barack Obama wasn’t an American citizen, it plays a central role in determining identity and citizenship.In The Birth Certificate: An American History (University of North Carolina Press, 2021), award-winning historian Susan J. Pearson traces the document’s two-hundred-year history to explain when, how, and why birth certificates came to matter so much in the United States. Deftly weaving together social, political, and legal history, The Birth Certificate is a fascinating biography of a piece of paper that grounds our understanding of how those who live in the United States are considered Americans.Susan J. Pearson is associate professor of history at Northwestern University and the author of The Rights of the Defenseless: Protecting Animals and Children in Gilded Age America.Catriona Gold is a PhD candidate in Geography at University College London, researching security, subjectivity and mobility in the 20-21st century United States. Her current work concerns the US Passport Office's role in the Cold War. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law