New Books in Law

Privacy is gravely endangered in the digital age, and we, the digital citizens, are its principal threat, willingly surrendering it to avail ourselves of new technology, and granting the government and corporations immense power over us. In Life After Privacy: Reclaiming Democracy in a Surveillance Society (Cambridge UP, 2020), Firmin DeBrabander begins with this premise and asks how we can ensure and protect our freedom in the absence of privacy. Can--and should--we rally anew to support this institution? Is privacy so important to political liberty after all? DeBrabander makes the case that privacy is a poor foundation for democracy, that it is a relatively new value that has been rarely enjoyed throughout history--but constantly persecuted--and politically and philosophically suspect. The vitality of the public realm, he argues, is far more significant to the health of our democracy, but is equally endangered--and often overlooked--in the digital age.Austin Clyde is a Ph.D. candidate at the University of Chicago Department of Computer Science. He researches artificial intelligence and high-performance computing for developing new scientific methods. He is also a visiting research fellow at the Harvard Kennedy School's Science, Technology, and Society program, where my research addresses the intersection of artificial intelligence, human rights, and democracy. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today we talk to Lu Ann Homza about her new book, Village Infernos and Witches' Advocates: Witch-Hunting in Navarre, 1608-1614 (Penn State Press, 2022). This book revises what we thought we knew about one of the most famous witch hunts in European history. Between 1608 and 1614, thousands of witchcraft accusations were leveled against men, women, and children in the northern Spanish kingdom of Navarre. The Inquisition intervened quickly but incompetently, and the denunciations continued to accelerate. As the phenomenon spread, children began to play a crucial role. Not only were they reportedly victims of the witches’ harmful magic, but hundreds of them also insisted that witches were taking them to the Devil’s gatherings against their will.Presenting important archival discoveries, Lu Ann Homza restores the perspectives of illiterate, Basque-speaking individuals to the history of this shocking event and demonstrates what could happen when the Spanish Inquisition tried to take charge of a liminal space. Because the Spanish Inquisition was the body putting those accused of witchcraft on trial, modern scholars have depended upon Inquisition sources for their research. Homza’s groundbreaking book combines new readings of the Inquisitional evidence with fresh archival finds from non-Inquisitional sources, including local secular and religious courts, and from notarial and census records.Expanding our understanding of this witch hunt as well as the history of children, community norms, and legal expertise in early modern Europe, Village Infernos and Witches’ Advocates is required reading for students and scholars of the Spanish Inquisition and the history of witchcraft in early modern Europe.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

Nicole Rafter (Routledge, 2021) is a critical summary and exegesis of the work of Nicole Rafter, who was a leading scholar of the history of biological theories of crime causation as well as a profound theorist of the role of history within criminology. It introduces Rafter’s key works and assesses her contributions to the fields of feminist criminology, cultural criminology, visual criminology and historical criminology. It also explores her theorization of criminology’s identity, scientific status, and possible futures.While many books on criminological theory explain and historically contextualize theory, they do not interrogate the production of theory or the epistemological assumptions behind it. Drawing on the world of Nicole Rafter, this book offers an accessible handbook to her extensive historical studies and to how her work demonstrated the importance of historical theory to criminological knowledge. Furthermore, the author brings Rafter’s historical research to life and shows how it speaks to contemporary issues in criminology and punishment.Written in a clear and direct style, this book will appeal to students and scholars of criminological theory, intellectual history, sociology, comparative criminology, and feminist criminology.Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Would a claim that human possession and property rights as merely temporary seem outlandish to a 21st-century thinker? How would this idea be received in Early Modern England? In today's NBN podcast, Dr. Erin Drew addresses this question in our discussion about her new book: The Usufructuary Ethos: Power, Politics, and Environment in the Long Eighteenth Century (University of Virginia Press, 2021). Using an environmental lens to analyze popular theology, moral philosophy, law, Drew also uses the poetry of John Evelyn, Anne Finch, John Philips, John Dyer, and James Grainger to deconstruct usufruct's legacy as a moral relationship between humans and their environments in late seventeenth- and early eighteenth England. During this period, "usufruct" appears as a common point of reference and comparison across philosophical, devotional, legal, and literary discussions of the ethical parameters of possessions, use, and power. Care for trees, for example, and ecologically represent literal connections among other beings and across generations if landlords acted as responsible stewards. By laying out the structure and implications of usufruct as an environmental ethic and its role in English discourse, Dr. Drew brings to light a subversive threat to an eighteenth-century English culture that proves surprisingly conservationist while drawing attention to parallels with contemporary environmental thought and assumption. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The 1949 Geneva Conventions are the most important rules for armed conflict ever formulated. To this day they continue to shape contemporary debates about regulating warfare, but their history is often misunderstood. For most observers, the drafters behind these treaties were primarily motivated by liberal humanitarian principles and the shock of the atrocities of the Second World War. In Preparing for War: The Making of the Geneva Conventions (Oxford University Press, 2022), Dr. Boyd van Dijk “shows how the final text of the 1949 Conventions, far from being an unabashedly liberal blueprint, was the outcome of a series of political struggles among the drafters, many of whom were not liberal and whose ideas changed radically over time. Nor were they merely a product of idealism or even the shock felt in the wake of Hitler’s atrocities. Constructing the Conventions meant outlawing some forms of inhumanity while tolerating others. It concerned a great deal more than simply recognising the shortcomings of Internatinal law as revealed by the experience of the Second World War. In making the Conventions, drafters sought to contest European imperial rule, empower the ICRC, challenge state sovereignty, fight Cold War rivalries, ensure rights during wartime, reinvent the concept of war crimes and prepare for (civil) wars to come.”Dr. van Dijk argues that to understand the politics and ideas of the Conventions' drafters is to see them less as passive characters responding to past events than as active protagonists trying to shape the future of warfare. In many different ways, they tried to define the contours of future battlefields by deciding who deserved protection and what counted as a legitimate target. Outlawing illegal conduct in wartime did as much to outline the concept of humanized war as to establish the legality of waging war itself.Using never previously accessed archival materials, the book provides a comprehensive historical account of the Conventions' past and contributes to a deeper understanding of the most important treaty of humanitarian law. The book therefore presents an eye-opening account of the making of international law and offers both historians and legal scholars with detailed information about international law's origins.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

In his new book, Democracy, Nazi Trials, and Transitional Justice in Germany, 1945-1950 (Cambridge University Press, 2020), Dr. Devin O. Pendas examines how German courts conducted Nazi trials in the immediate postwar context. His work combines close readings of legal discourses in conjunction with very human stories to present a narrative of both irony and tragedy. In a masterful comparison of all four occupation zones, this book successfully musters historical data to challenge and overturn standard conceptualizations of “transitional justice.” It thus belongs definitively in the repertoire of legal scholars, political scientists, historians, and international relations theorists.Eric Grube is a PhD candidate in the Department of History at Boston College. He studies modern German and Austrian history, with a special interest in right-wing paramilitary organizations across interwar Bavaria and Austria."Casualties of War? Refining the Civilian-Military Dichotomy in World War I", Madison Historical Review, 2019. "Racist Limitations on Violence: The Nazi Occupation of Denmark", Essays in History, 2017. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Reconsidering REDD+: Authority, Power and Law in the Green Economy (Cambridge UP, 2021), Julia Dehm provides a critical analysis of how the Reducing Emissions from Deforestation and Forest Degradation (REDD+) scheme operates to reorganise social relations and to establish new forms of global authority over forests in the Global South, in ways that benefit the interests of some actors while further marginalising others. In accessible prose that draws on interdisciplinary insights, Dehm demonstrates how, through the creation of new legal relations, including property rights and contractual obligations, new forms of transnational authority over forested areas in the Global South are being constituted. This important work should be read by anyone interested in a critical analysis of international climate law and policy that offers insights into questions of political economy, power, and unequal authority. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This book cuts new ground by applying a human rights lens of analysis to domestic mental health laws. It makes a timely contribution into the discourse regarding mental health, supported decision-making and disability rights in the post CRPD era. In A New Era for Mental Health Law and Policy: Supported Decision-Making and the UN Convention on the Rights of Persons with Disabilities (Cambridge University Press, 2017) Research Fellow Dr Piers Gooding challenges law makers to bring domestic laws into compliance with the CRPD. At the same time, Gooding confronts the pragmatic concerns which continue to shape these same laws, such as the case where a person's mental impairment is perceived as a risk to self or others.  I had a great chat with Dr. Gooding in this hour; we spoke about arguments for and against coercive interventions, the right to and meaning of autonomy, tensions between rights based legalism and clinical governance, and more. We spoke about how domestic mental health laws have evolved since the 1980s, and especially since the introduction of the CRPD, and where to go from here. Some of the scholarship mentioned in our conversation included that of Tina Minkowitz, John Fanning, and the collaborative work of Piers himself with Bernadette McSherry, Cath Roper, and Flick Grey.   Dr Piers Gooding is a Research Fellow at the Melbourne Social Equity Institute and Melbourne Law School, and is currently an Open Science Fellow at the Mozilla Foundation. His work focuses on the law and politics of disability and mental health, with a special interest in issues of legal capacity, decision-making, technology, and human rights.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

Quotas for women in government have swept the globe. Yet we know little about their capacity to upend entrenched social, political, and economic hierarchies. ​Property and Power seeks to explore this issue within the context of India, the world's largest democracy. Brulé uses cutting-edge research design and extensive field research to make connections among political representation, backlash, and economic empowerment. Her findings show that women in government catalyze access to fundamental economic rights: property rights. Women in politics also have the power to support constituent rights at critical junctures, such as marriage negotiations, sparking integrative solutions to intra-household bargaining. Although they can lead to backlash, quotas are essential for enforcement ​of rights. In this groundbreaking study, Brulé shows how quotas can operate as a crucial tool to foster equality and benefit the women they are meant to empower. Women, Power, and Property: The Paradox of Gender Equality Laws in India has been awarded the APSA’s 2021 Luebbert Prize for the Best Book in Comparative Politics.Dr. Rachel Brule is Assistant Professor of Global Development Policy at Boston University’s Frederick S. Pardee School of Global Studies and Graduate Faculty with BU’s Department of Political Science, a Core Faculty at the Global Development Policy Center, and affiliated faculty with the Institute for Economic Development. Sohini Chatterjee is a PhD Student in Gender, Sexuality, and Women's Studies at Western University, Canada. Her work has recently appeared in Women's Studies: An inter-disciplinary journal, South Asian Popular Culture and Fat Studies. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Neurodisability and the Criminal Justice System: Comparative and Therapeutic Responses (Edward Elgar Publishing, 2021) delves into an under-researched and little understood but extremely pertinent issue in law; the prevalence of neurodisability within criminal justice systems. Considering the challenges faced by both juveniles and adults with neuorodisabilities who come into contact with the criminal justice system, a host of interdisciplinary international scholars examine the issue from multiple perspectives; from that of lawyers, magistrates, and through the lens of therapeutic and legal analysis, this contribution offers suggestions for reform of both legislation and practice. The book makes the case that criminal justice systems lack the accommodations required both within the institution and the community to adequately support those with neurodisabilities who come into contact with the criminal justice system. In this conversation, with one of the co-editors of the book, Anna Eriksson, we cover a broad range of ground - from the ways in which resources could be reallocated to better address issues of community safety, to how better with neurodisabilities may be better supported in a practical basis to bring more just, equitable and humane outcomes. This is an important book for criminal lawyers, policy makers, criminologists and members of the public who wish to understand and challenge the barriers that people with neurodisabilities face, not just as a result of the criminal justice system but on a day-to-day basis.   Gaye T. Lansdell is an Associate Professor in The Faculty of Law at Monash University. Bernadette J Saunders is a Senior Lecturer in the Department of Medicine, Nursing and Health Sciences at Monash University. Anna Eriksson is an Associate Professor in Criminology at Monash University. 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