New Books in Law

This new book by James Kapaló and Kinga Povedák explores the complex intersection of secret police operations and the formation of the religious underground in communist-era Eastern Europe. In sixteen chapters, The Secret Police and the Religious Underground in Communist and Post-Communist Eastern Europe (Routledge, 2021) looks at how religious groups were perceived as dangerous to the totalitarian state whilst also being extremely vulnerable and yet at the same time very resourceful. In this podcast James and Kinga talk about what is special about secret police archives and how they allow us to explore the material culture, including things like photographs and food, of clandestine and secretive communities. They argue that stories from the archives continue to shape present day religious communities and postsocialist societies more generally as well as reflecting upon what comparing movements from eight different countries shows us that we might miss from looking just at one or two case studies.Roland Clark is a Senior Lecturer in Modern European History at the University of Liverpool, President of the Society for Romanian Studies, and a Senior Fellow with the Centre for Analysis of the Radical Right. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We tend to think that states can act wrongfully, even criminally. Thus, we also tend to think that states can be held responsible for their acts. They can be made to pay compensation to their victims or suffer penalties with respect to their standing in the international community, and so on. The trouble, though, is that when states are held responsible, the cost of moral repair is transferred to the citizens of the offending state, including citizens who objected to the wrongful acts, may have been unaware of them, or were powerless to prevent them. What could justify this?In Responsible Citizens, Irresponsible States: Should Citizens Pay for their State’s Wrongdoings? (Oxford University Press 2021), Avia Pasternak develops a new defense of the idea that citizens have a duty to share in the burdens of their state’s wrongdoing. However, Avia also addresses the practical moral complexities of state wrongdoing, and defends a context-sensitive framework for distributing the burden. Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

After One Hundred Winters: In Search of Reconciliation on America's Stolen Lands (Princeton UP, 2021) confronts the harsh truth that the United States was founded on the violent dispossession of Indigenous people and asks what reconciliation might mean in light of this haunted history. In this timely and urgent book, settler historian Margaret Jacobs tells the stories of the individuals and communities who are working together to heal historical wounds—and reveals how much we have to gain by learning from our history instead of denying it. Jacobs traces the brutal legacy of systemic racial injustice to Indigenous people that has endured since the nation’s founding. Explaining how early attempts at reconciliation succeeded only in robbing tribal nations of their land and forcing their children into abusive boarding schools, she shows that true reconciliation must emerge through Indigenous leadership and sustained relationships between Indigenous and non-Indigenous people that are rooted in specific places and histories. In the absence of an official apology and a federal Truth and Reconciliation Commission, ordinary people are creating a movement for transformative reconciliation that puts Indigenous land rights, sovereignty, and values at the forefront. With historical sensitivity and an eye to the future, Jacobs urges us to face our past and learn from it, and once we have done so, to redress past abuses. Drawing on dozens of interviews, After One Hundred Winters reveals how Indigenous people and settlers in America today, despite their troubled history, are finding unexpected gifts in reconciliation.Brady McCartney is a scholar of religion, history, and environmental studies at the University of Florida. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Eric Berkowitz has written a short history of a censorship, a large topic that has been a phenomenon since the advent of recorded history. In Dangerous Ideas: A Brief History of Censorship in the West from the Ancients to Fake News (Beacon Press, 2021), Berkowitz reviews the motives and methods of governments, religious authorities, and private citizens to quell freedom of thought and expression. One theme Berkowitz reveals is how ineffective many censorship efforts have been. For example, after the printing press multiplied the sources available to readers and the opportunities for the Church and governments to suppress books and pamphlets, the attempts to censor speech served to heighten interest and encourage more dissent, creating profitable black markets for forbidden topics. Some publishers actually encouraged authors to write something likely to be forbidden. Yet, Berkowitz forthrightly acknowledges the dangers under which free thinker have lived and continue to live in our contemporary world. The dangers of daring to express oneself are present not only in authoritarian polities but in our own, and Berkowitz’s history seeks to reveal the common motives of censors and their targets.Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Exposing ethical dilemmas of neuroscientific research on violence, this book warns against a dystopian future in which behavior is narrowly defined in relation to our biological makeup. Biological explanations for violence have existed for centuries, as has criticism of this kind of deterministic science, haunted by a long history of horrific abuse. Yet, this program has endured because of, and not despite, its notorious legacy. Today's scientists are well beyond the nature versus nurture debate. Instead, they contend that scientific progress has led to a natureandnurture, biological and social, stance that allows it to avoid the pitfalls of the past. In Conviction: The Making and Unmaking of the Violent Brain (Stanford UP, 2021), Oliver Rollins cautions against this optimism, arguing that the way these categories are imagined belies a dangerous continuity between past and present. The late 80s ushered in a wave of techno-scientific advancements in the genetic and brain sciences. Rollins focuses on an often-ignored strand of research, the neuroscience of violence, which he argues became a key player in the larger conversation about the biological origins of criminal, violent behavior. Using powerful technologies, neuroscientists have rationalized an idea of the violent brain--or a brain that bears the marks of predisposition towards "dangerousness." Drawing on extensive analysis of neurobiological research, interviews with neuroscientists, and participant observation, Rollins finds that this construct of the brain is ill-equipped to deal with the complexities and contradictions of the social world, much less the ethical implications of informing treatment based on such simplified definitions. Rollins warns of the potentially devastating effects of a science that promises to "predict" criminals before the crime is committed, in a world that already understands violence largely through a politic of inequality.C.J. Valasek is a Ph.D. Candidate in Sociology & Science Studies at the University of California San Diego. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Craig W. Stevens' book The Drug Expert: A Practical Guide to the Impact of Drug Use in Legal Proceedings (Academic Press, 2021) targets academic and industry pharmacologists, pharmacology graduate students, and professionals and students of affiliated disciplines, such as pharmacy and toxicology. Users will find it to be an invaluable reference for those involved in the field. In addition, pharmacists and others who increasingly serve as expert witnesses and toxicologists will find an array of very useful information.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

Sovereignty is the vital organizing principle of modern international law. Daniel Lee's book The Right of Sovereignty: Jean Bodin on the Sovereign State and the Law of Nations (Oxford UP, 2021) examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics.The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.Tejas Parasher is Junior Research Fellow in Political Thought and Intellectual History at King’s College, University of Cambridge. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Jessie Barton Hronešová’s new book, The Struggle of Redress: Victim Capital in Bosnia and Herzegovina (Palgrave Macmillan, 2020), she explores pathways to redress for main groups of victims/survivors of the 1992-5 Bosnian war —families of missing persons, victims of torture, survivors of sexual violence, and victims suffering physical disabilities and harm. The author traces the history of redress-making for each of these groups and shows how differently they have been treated by Bosnian authorities at the state and subnational level. In Bosnia and Herzegovina, thousands of war victims have had to suffer re-traumatising ordeals in order to secure partial redress for their suffering during 1992–1995 and after. While some, such as victims of sexual violence, have been legally recognised and offered financial and service-based compensation, others, such as victims of torture, have been recognized only recently with a clear geographical limitation. The main aim of the book is to explore the politics behind recognizing victimhood and awarding redress in a country that has been divided by instrumentalized identity cleavages, widespread patronage and debilitating war legacies. Jessie Barton Hronešová is currently a Marie Sklodowska-Curie Global Fellow at UNC-Chapel Hill and Ca' Foscari University.Christian Axboe Nielsen is associate professor of history and human security at Aarhus University in Denmark. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In The Work of Rape (Duke UP, 2021), Rana M. Jaleel argues that the redefinition of sexual violence within international law as a war crime, crime against humanity, and genocide owes a disturbing and unacknowledged debt to power and knowledge achieved from racial, imperial, and settler colonial domination. Prioritizing critiques of racial capitalism from women of color, Indigenous, queer, trans, and Global South perspectives, Jaleel reorients how violence is socially defined and distributed through legal definitions of rape. From Cold War conflicts in Latin America, the 1990s ethnic wars in Rwanda and Yugoslavia, and the War on Terror to ongoing debates about sexual assault on college campuses, Jaleel considers how legal and social iterations of rape and the terms that define it—consent, force, coercion—are unstable indexes and abstractions of social difference that mediate racial and colonial positionalities. Jaleel traces how post-Cold War orders of global security and governance simultaneously transform the meaning of sexualized violence, extend US empire, and disavow legacies of enslavement, Indigenous dispossession, and racialized violence within the United States.Work of Rape is the recipient of Duke University Press Scholars of Color First Book Award.Rana M. Jaleel is Associate Professor in the Department of Gender, Sexuality, and Women's Studies at the University of California, Davis, where she is also the Faculty Advisor for the Sexuality Studies Minor. Sohini Chatterjee is a PhD Student in Gender, Sexuality, and Women's Studies at Western University, Canada. Her work has recently appeared in 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

Steven P. Brown, professor of political science at Auburn University, has written a history of notable U.S. Supreme Cases and justices that hailed from Alabama. In Alabama Justice: The Cases and Faces That Changed a Nation (U Alabama Press, 2020), Brown reviews eight landmark cases which originated in Alabama and were eventually reviewed by the U.S. Supreme Court. Although most of these cases were reflective of the civil rights issues endemic to Alabama and other states in the American South of the mid-twentieth century, not all are race related. For example, a notable gender equity case, Frontiero v. Richardson, which was concerned with benefits discrimination based on gender, was an important decision in the history of women’s rights. Brown also reviews the lives and times of three Supreme Court justices, John McKinley, John Archibald Campbell, and Hugo Black.Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law