New Books in Law

In India, elite law firms offer a surprising oasis for women within a hostile, predominantly male industry. Less than 10 percent of the country's lawyers are female, but women in the most prestigious firms are significantly represented both at entry and partnership. Elite workspaces are notorious for being unfriendly to new actors, so what allows for aberration in certain workspaces?Drawing from observations and interviews with more than 130 elite professionals, Accidental Feminism: Gender Parity and Selective Mobility Among India’s Professional Elite (Princeton UP, 2021) examines how a range of underlying mechanisms-gendered socialization and essentialism, family structures and dynamics, and firm and regulatory histories-afford certain professionals egalitarian outcomes that are not available to their local and global peers. Juxtaposing findings on the legal profession with those on elite consulting firms, Swethaa Ballakrishnen reveals that parity arises not from a commitment to create feminist organizations, but from structural factors that incidentally come together to do gender differently. Simultaneously, their research offers notes of caution: while conditional convergence may create equality in ways that more targeted endeavors fail to achieve, "accidental" developments are hard to replicate, and are, in this case, buttressed by embedded inequalities. Ballakrishnen examines whether gender parity produced without institutional sanction should still be considered feminist.In offering new ways to think about equality movements and outcomes, Accidental Feminism forces readers to critically consider the work of intention in progress narratives.Noopur Raval is a postdoctoral researcher working at the intersection of Information Studies, STS, Media Studies and Anthropology. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In America on Fire: The Untold History of Police Violence and Black Rebellions since the 1960s (Liveright, 2021) Dr. Elizabeth Hinton asserts the significance of Black rebellions in post-civil rights America, arguing that the riots were indeed rebellions or political acts in response to the failures and unfulfilled promises of the Civil Rights period. She investigates an overlooked trend of Black uprisings emanating from poor and working-class Black neighborhoods, towns, and cities often sparked by police terror between 1964 and 1972. In refuting the racist pathologies that community violence in response to racist policing and economic disinvestment has been assigned by commissions, politicians, liberals and conservatives alike, Hinton presents a redefinition through the analytic of rebellion that enhances our understanding of resistance to anti-Blackness and policing today.Amanda Joyce Hall is a Ph.D. Candidate in History and African American Studies at Yale University. She is writing an international history on the grassroots movement against South African apartheid during the 1970s and 1980s. She tweets from @amandajoycehall Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In many ways, divorce is a quintessentially personal decision—the choice to leave a marriage that causes harm or feels unfulfilling to the two people involved. But anyone who has gone through a divorce knows the additional public dimensions of breaking up, from intense shame and societal criticism to friends’ and relatives’ unsolicited advice. In Intimate Disconnections: Divorce and the Romance of Independence in Contemporary Japan (University of Chicago Press, 2020), Allison Alexy tells the fascinating story of the changing norms surrounding divorce in Japan in the early 2000s, when sudden demographic and social changes made it a newly visible and viable option. Not only will one of three Japanese marriages today end in divorce, but divorces are suddenly much more likely to be initiated by women who cite new standards for intimacy as their motivation. As people across Japan now consider divorcing their spouses, or work to avoid separation, they face complicated questions about the risks and possibilities marriage brings: How can couples be intimate without becoming suffocatingly close? How should they build loving relationships when older models are no longer feasible? What do you do, both legally and socially, when you just can’t take it anymore?Relating the intensely personal stories from people experiencing different stages of divorce, Alexy provides a rich ethnography of Japan while also speaking more broadly to contemporary visions of love and marriage during an era in which neoliberal values are prompting wide-ranging transformations in homes across the globe.This book is available open access. 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

By the election year of 1844, Joseph Smith, the controversial founder of the Church of Jesus Christ of Latter-day Saints, had amassed a national following of some 25,000 believers. Nearly half of them lived in the city of Nauvoo, Illinois, where Smith was not only their religious leader but also the mayor and the commander-in-chief of a militia of some 2,500 men. In less than twenty years, Smith had helped transform the American religious landscape and grown his own political power substantially. Yet the standing of the Mormon people in American society remained unstable. Unable to garner federal protection, and having failed to win the support of former president Martin Van Buren or any of the other candidates in the race, Smith decided to take matters into his own hands, launching his own bid for the presidency. While many scoffed at the notion that Smith could come anywhere close to the White House, others regarded his run―and his religion―as a threat to the stability of the young nation. Hounded by mobs throughout the campaign, Smith was ultimately killed by one―the first presidential candidate to be assassinated.Though Joseph Smith's run for president is now best remembered―when it is remembered at all―for its gruesome end, the renegade campaign was revolutionary. Smith called for the total abolition of slavery, the closure of the country's penitentiaries, and the reestablishment of a national bank to stabilize the economy. But Smith's most important proposal was for an expansion of protections for religious minorities. At a time when the Bill of Rights did not apply to individual states, Smith sought to empower the federal government to protect minorities when states failed to do so.In his book Joseph Smith for President: The Prophet, the Assassins, and the Fight for American Religious Freedom (Oxford UP, 2021),  Spencer W. McBride tells the story of Joseph Smith's quixotic but consequential run for the White House and shows how his calls for religious freedom helped to shape the American political system we know today.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

We often hear or read the phrase “crimes against humanity” when we learn about the Holocaust, or genocide in places like Rwanda or Serbia. And just as often, we don’t reflect on what this phrase means because it seems to simply encompass horrific actions by individuals or groups, directed towards specific ethnic, religious, or cultural groups. Sinja Graf’s new book, The Humanity of Universal Crime: Inclusion, Inequality, and Intervention in International Political Thought (Oxford UP, 2021), helps us to consider what this terminology actually means and how we can and should think about both the crimes themselves and the humanity of the victims and the perpetrators. As Graf explains in the book and in our conversation, once we start to unpack this term and our conceptualization of it, the complexity of truly understanding “universal crimes” becomes starkly clear. It is also clear that this is an understudied realm within contemporary political theory. The Humanity of Universal Crime seeks to explore this complexity and to provide a path to think about and consider both the idea itself and how it is has been used in politics and processes over the past centuries.Graf knits together this exploration and understanding across disciplines, weaving in concepts from international law, political theory, colonial studies, and human rights. In the initial section of the book, John Locke’s engagement with this idea of universal crime is traced and explored to understand how Locke, who was so influential to the establishment of classical liberal thought and structures, saw the place and role of universal crime in context of the coercive power of the state. The next section of the book, which is both historical and theoretical, examines the way that colonialism created fragmentation within concepts of humanity, determining that there were those who are included under this umbrella of humanity, and, as a result, get to enjoy the protections and rights associated with being included. And there are those who were considered not fully human, and thus could be excluded from this umbrella category. As with so much else that was part of western imperial colonialism and 19th century eurocentrism, these distinctions fell along racial, religious, national, and ethnic lines. Graf’s research examines this normative fracturing of humanity during this period. The final section of The Humanity of Universal Crime is focused on more contemporary debates about distinctions between war and policing, especially in the context of the post-Cold War world. In this more recent period, structures and processes have been established and developed to legally respond to “crimes against humanity.” But Graf notes that, even so, these international systems do not necessarily have clear understandings of humanity – and how the perpetrators and the victims are both included under that umbrella category. The Humanity of Universal Crime is a keen investigation of these complex concepts and how they have been put into effect, and what we really understand about crimes against humanity and what we still need to consider.Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Discussions of the ethics and politics of immigration tend to focus on those seeking entry into a new society. We ask whether a country has the “right to exclude” those who want to relocate within it. We explore the moral implications of more-or-less restrictive immigration policies, often with a view towards the plight of immigrants and refugees.These are of course important questions, but in his new book, Immigration and Freedom (Princeton University Press, 2021) Chandran Kukathas argues that a state’s immigration policies also exert control over its domestic population. He asks whether this exercise of power is justifiable. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Every year, millions of women turn to law to help them escape intimate partner violence. The legal processes are complex and varied, often enmeshing women for many years. In Intimate Partner Violence and the Law, published by Oxford University Press in 2021, Professor Heather Douglas examines intimate partner violence, including nonphysical coercive control, and shows how women's interactions with the law and legal processes can support or exacerbate their experiences and their abilities to leave an abusive partner. Over a period of three years, Douglas conducted a series of interviews to understand how women engage with criminal, family, and civil courts. The women's stories show how abusers can use the law to further perpetuate abuse. Despite the heightened danger that leaving an abusive partner can represent, the book showcases the level of endurance, resilience and patience that it takes women when they seek protection through law for themselves and their children. Reading the first-hand experiences of women and the impact on them from their interactions with police, lawyers, judges, and child protective services is extremely moving and illuminating. The book is profoundly important in understanding the need for reform to protect women and their children from intimate partner violence. Douglas shows how the legal system operates in practice, and the gap in protection for women and their children as to how it should work. Professor Heather Douglas is a Professor of Law at the Melbourne Law School at The University of Melbourne and Honorary Professor at the School of Law at The University of Queensland. She has worked on the legal response to intimate partner violence for over twenty years, both as a practitioner and an academic. 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

Between 1885 and 1960, laws and policies designed to repress prostitution dramatically shaped London's commercial sex industry. J. Laite's book Common Prostitutes and Ordinary Citizens: Commercial Sex in London, 1885-1960 (Palgrave MacMillan, 2012) examines how laws translated into street-level reality, explores how women who sold sex experienced criminalization, and charts the complex dimensions of the underground sexual economy in the modern metropolis.Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Students of American history know that the framers of the Constitution were deeply concerned that the United States would founder on the shoals of mob rule. They designed a system meant to ensure rule by an elected elite, a republic rather than a democracy. While democratic elements have been introduced over the past two centuries, that basic structure still stands.In Open Democracy: Reinventing Popular Rule for the Twenty-First Century (Princeton UP, 2020), Landemore argues that it is time to create a more truly democratic system, one in which elections do not play a major role. While she thinks it unlikely that the national arena is necessarily the best place to start implementing such changes, she does see opportunities for creating local assemblies or “mini-publics” where citizens chosen by lot would deliberate on and enact policies and laws. She points out that hundreds of experiments in this direction have been initiated in the past two decades, and she lays down principles and approaches that make the likelihood of success greater. Her work is profoundly optimistic about the potential for citizens from all walks of life to participate in governing their society.Jack Petranker, MA, JD, is the founder and Senior Teacher at the Center for Creative Inquiry and the Director of the Mangalam Research Center. www.jackpetranker.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Giovanni Mantilla’s new book, Lawmaking under Pressure: International Humanitarian Law and Internal Armed Conflict (Cornell University Press, 2020), traces the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict, and explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. In this conversation with Yi Ning Chang, Giovanni reflects on history and theory in the study of international relations and international law, on the nature of norms and power in the international sphere, and on “theorizing possibility” in international politics. Readers in the US may use the code “09FLYER” for a 30% discount through Cornell University Press, while those outside the US may use “CSF21PSA”, also for a 30% discount, through Combined Academic Publishers.Awarded the prestigious Francis Lieber Prize for outstanding book in the field of the law of armed conflict in 2021, Lawmaking under Pressure analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s.By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order.Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.Yi Ning Chang is a PhD student in political theory at the Department of Government at Harvard University. She works on the history of contemporary political thought, postcolonial theory and race, and the global histories of anticolonialism and anti-imperialism in Southeast Asia. Yi Ning can be reached at yiningchang@g.harvard.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law