New Books In Law

Scholars of biblical law widely hold that ancient Israel did not draft law-texts for legislative purposes. Little attention has yet been given to explaining how and when later Judaism did come to regard Torah as legislative. As a result, the current consensus (that Ezra introduced legislative uses of Torah) is based on assumptions which have been never tested. Join us as we speak with Michael LeFebvre about his book, Collections, Codes, and Torah: The Re-characterization of Israel's Written Law (Bloomsbury, 2019) a study that challenges the current consensus, and presents an alternative hypothesis. Michael LeFebvre earned his PhD at the University of Aberdeen. He’s a presbyterian minister living in Indianapolis, Indiana, and a fellow with the Center for Pastor Theologians. L. Michael Morales is Professor of Biblical Studies at Greenville Presbyterian Theological Seminary, and the author of The Tabernacle Pre-Figured: Cosmic Mountain Ideology in Genesis and Exodus (Peeters, 2012), Who Shall Ascend the Mountain

Set in Colonial Northern Nigeria, this book confronts a paradox: the state insisted on its separation from religion even as it governed its multireligious population through what remained of the precolonial caliphate. Entangled Domains: Empire, Law and Religion in Northern Nigeria (Cambridge UP, 2023) grapples with this history to offer a provocative account of secularism as a contested yet contingent mode of governing religion and religious difference. Drawing on detailed archival research, Rabiat Akande vividly illustrates constitutional struggles triggered by the colonial state's governance of religion and interrogates the legacy of that governance agenda in the postcolonial state. This book is a novel commentary on the dynamic interplay between law, faith, identity, and power in the context of the modern state's emergence from colonial processes. Dr. Akande is currently an Assistant Professor in the Osgoode Hall Law School at York University in Canada and chairs the international legal history project at

The Spirit of the Laws not only systematizes the foundational ideas of “separation of powers” and “balances and checks,” it provides the decisive response to the question of whether power in the nation-state can be limited in the aftermath of the Westphalian settlement of 1648. It describes a civilizational change through which power becomes domesticated, with built-in resistance to attempts to absolutize (or make total) political power. As such, it is the Bible of modern politics, now made more accessible to English readers than it ever has been. There have been in English only two prior translations of this work that first appeared in 1748. The deficiencies of those two efforts have been broadly identified in the scholarship. Although the text is still used with regularity in university instruction (having been recovered after a lull in the 1950s and 60s), it deserves – and now receives – a presentation that enhances its usefulness in the analysis both of politics and the philosophical foundations of human

How do top-level public officials take advantage of immunity from foreign jurisdiction afforded to them by international law? How does the immunity entitlement allow them to thwart investigations and trial proceedings in foreign courts? What responses exist to prevent and punish such conduct? In Between Immunity and Impunity: External Accountability of Political Elites for Transnational Crime (Cambridge University Press, 2023), Dr. Yuliya Zabyelina unravels the intricate layers of impunity of political elites complicit in transnational crimes. By examining cases of trafficking in persons and drugs, corruption, and money laundering that implicate heads of state and of government, ministers, diplomats, and international civil servants, she shows that, despite the potential of international law immunity to impede or delay justice, there are prominent instruments of external accountability. Accessible and compelling, this book provides novel insights for readers interested in the close-knit bond between power, il

Our privacy is besieged by tech companies. Companies can do this because our laws are built on outdated ideas that trap lawmakers, regulators, and courts into wrong assumptions about privacy, resulting in ineffective legal remedies to one of the most pressing concerns of our generation. Drawing on behavioral science, sociology, and economics, Ignacio Cofone challenges existing laws and reform proposals and dispels enduring misconceptions about data-driven interactions. This exploration offers readers a holistic view of why current laws and regulations fail to protect us against corporate digital harms, particularly those created by AI. Cofone then proposes a better response: meaningful accountability for the consequences of corporate data practices, which ultimately entails creating a new type of liability that recognizes the value of privacy. Jake Chanenson is a computer science Ph.D. student and law student at the University of Chicago. Broadly, Jake is interested in topics relating to HCI, privacy, and tec

"What happened in Hong Kong is not an anomaly but a warning" - Hong Kong Human Rights defender Chow Hang Tung, speech written from prison upon receiving a human rights award. In our interview today, I spoke with Professor Michael C. Davis, author of Freedom Undone: The Assault on Liberal Values and Institutions in Hong Kong (AAS and Columbia UP, 2024). In his latest book, he writes about how one of the world's most free-wheeling cities has transitioned from a vibrant global center of culture and finance into an illiberal regime. We spoke about the progressive shifts towards authoritarian governance in Hong Kong's post-colonial period, leading up to the introduction of the National Security Law of 2020, and the rapid erosion of human rights and liberal freedoms since. Professor Davis explained the significance of Hong Kong's new domestic National Security Law, introduced last week, and its implications for the erosion of global democratic institutions globally.  Professor Michael C. Davis is a former long-time

In this episode of International Horizons, RBI director John Torpey interviews Gabriele Mazzini, a lawyer and officer of the European Commission and expert in AI regulation. Mazzini discusses the means through which European countries have found agreement on the definition of AI and how to regulate it. Moreover, Mazzini stresses that the fears of an apocalyptic AI revolution taking over humankind are not well-grounded. He also comments on the United States case and how it differs from Europe when it comes to regulating AI, acknowledging that there's been big progress in legislation in this area. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How can traditional academic scholarship be disrupted by activist academics? How can we make space for those who are underrepresented and historically oppressed to come to academia as their authentic selves? How can the platform of academia create space for change in the world? In The Activist Academic: Engaged Scholarship for Resistance, Hope and Social Change (Myers Education Press: 2020), Professor Colette N. Cann and Professor Eric J. DeMeulenarare answer these questions. Their work challenges dominant frameworks of what it is to be an academic. They challenge readers to think about their responsibility as academics, and their role not just as researchers and teachers, but as parents, friends and members of the community. This book should be compulsory reading for for all scholars, and those that aspire to enter academia. It provides the opportunity to rethink the ways that activism and scholarship can be combined, and the impact that academics have in the spaces that they work.  Professor Colette N. Cann

In the 1990s, the promise of justice for atrocity crimes was associated with the revival of international criminal tribunals (ICTs). More recently, however, there has been a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a 'complementarity turn', a paradigm shift toward domestic accountability in the field of international criminal justice, this book investigates how the shadow of international criminal tribunals influences the treatment of serious crimes at the national level. Drawing on research and interviews in Rwanda, the Democratic Republic of Congo, and Sierra Leone, International Criminal Tribunals and Domestic Accountability: In the Court's Shadow (Oxford University Press, 2023) by Dr. Patryk I. Labuda develops a tripartite framework to analyse how states and tribunals work with, despite, or against one another in the fight against impunity. While international prosecutors and judges use the principle of complementarity to foster cooperation and

Kalika Mehta's book Strategic Litigation and Corporate Complicity in Crimes Under International Law: A TWAIL Analysis (Routledge, 2023) provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complici

Right to Reparations: The Claims Conference and Holocaust Survivors, 1951–1964 (Lexington, 2021) examines the early years of the Claims Conference, the organization which lobbies for and distributes reparations to Holocaust survivors, and its operations as a nongovernmental actor promoting reparative justice in global politics. Rachel Blumenthal traces the founding of the organization by one person, and its continued campaign for the payment of compensation to survivors after Israel left the negotiations. This book explores the degree to which the leadership entity served individual victims of the Third Reich, the Jewish public, or member organizations. Geraldine Gudefin is a French-born modern Jewish historian researching Jewish family life, legal pluralism, and the migration experiences of Jews in France and the United States. She is currently a research fellow at the Hebrew University’s Avraham Harman Research Institute of Contemporary Jewry, and is completing a book titled An Impossible Divorce? East Euro

Custom was fundamental to mediaeval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the mediaeval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualised in writing. In Vernacular Law: Writing and the Reinvention of Customary Law in Medieval France (Cambridge University Press, 2022), Dr. Ada Maria Kuskowski uses French lawbooks known as coutumiers to trace the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field

Law. How does the state form and use it? How do people use and shape it? How does law shape culture? How does the practice of law change over time in a modernizing colony? What was stable and what was malleable in the application of law in early modern Russia versus its Central Asian colony in the Empire’s final century? What’s the difference between a bribe and a gift? These are some of the questions at the heart of this fascinating conversation about two books that probe the theoretical and instrumental underpinnings, as well as the everyday practice, of law in different periods and regions of the Russian Empire. Crime and Punishment in Early Modern Russia (Cambridge UP, 2012) by Nancy Kollmann analyzes the day-to-day practice of Russian criminal justice in the seventeenth and eighteenth centuries. Visions of Justice: Sharī’a and Cultural Change in Russian Central Asia (Brill, 2017; available open access) by Paolo Sartori excavates civil law practice to explore legal consciousness among the Muslim communiti

In Sovereignty, International Law, and the Princely States of Colonial South Asia (Oxford UP, 2023), Dr Priyasha Saksena interrogates the centuries-old question of what constitutes a sovereign state in the international legal sphere. She explores the history of sovereignty through an analysis of the jurisdictional politics involving the princely states of colonial South Asia. Governed by local rulers, these princely states were subject to British paramountcy whilst remaining legally distinct from directly ruled British India. Their legal status and the extent of their rights remained the subject of feverish debates through the entirety of British colonial rule. This book traces the ways in which the language of sovereignty shaped the discourse surrounding the legal status of the princely states to illustrate how the doctrine of sovereignty came to structure political imagination in colonial South Asia and the framework of the modern Indian state. In this podcast, Dr Saksena explores how the various players wi

In a world of border walls and obstacles to migration, a lottery where winners can gain permanent residency in the United States sounds too good to be true. Just as unlikely is the idea that the United States would make such visas available to foster diversity within a country where systemic racism endures. But in 1990, the United States Diversity Visa Lottery was created to do just that. Dreamland: America's Immigration Lottery in an Age of Restriction (UNC Press, 2023) tells the surprising story of this unlikely government program and its role in American life as well as the global story of migration. Historian Carly Goodman takes readers from Washington, D.C., where proponents deployed a colorblind narrative about our "nation of immigrants" to secure visas for white immigrants, to the African countries where it flourished and fostered dreams of going to America. From the post office to the internet, aspiring emigrants, visa agents, and others embraced the lottery and tried their luck in a time of austerity

In An Empire of Laws: Legal Pluralism in British Colonial Policy (Yale University Press, 2023), Dr. Christian R. Burset presents a compelling reexamination of how Britain used law to shape its empire. For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years’ War (1754–63) as the world’s most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes. As legal historian Dr. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony’s ec

Covert violence occurs in all social institutions—including families and close relationships, education, workplaces, politics, mass media, and healthcare—each with its own unique power dynamics that shape the incidence and patterns of these vicious acts. Covert Violence: The Secret Weapon of the Powerless (Bristol University Press, 2023) by Dr. Jack Levin and Dr. Julie B. Wiest focuses on the types of surreptitious murder and mayhem that perpetrators intend to go unnoticed by would-be victims—until it’s too late. When such attacks are carried out with efficiency and competence, they may be disguised in official records as the result of illness, accident, or intentional self-harm, only on occasion to be later reclassified as the brutal crimes they are. This compelling and much-needed book is for all those who seek to understand—and strive to prevent—violence in society. This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty

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, 2

"Most lawyers, most actors, most soldiers and sailors, most athletes, most doctors, and most diplomats feel a certain solidarity in the face of outsiders, and, in spite of other differences, they share fragments of a common ethic in their working life, and a kind of moral complicity." – Stuart Hampshire, Justice is Conflict. There are many more examples of professional solidarity, however fragmented and tentative, sharing the link of a common ethic that helps make systems, and the analysis of them, possible in the larger political economy. Writing from a law professor’s vantage point, Katharina Pistor, in her new book, The Code of Capital: How the Law Creates Wealth and Inequality (Princeton University Press, 2019) explains how even though law is a social good it has been harnessed as a private commodity over time that creates private wealth, and plays a significant role in the increasing disparity of financial outcomes. As she points out in this interview, and her chapter ‘Masters of the Code’, it is ‘critic

Isabella Alexander's book Copyright and Cartography: History, Law, and the Circulation of Geographical Knowledge (Bloomsbury, 2023) explores the intertwined histories of mapmaking and copyright law in Britain from the early modern period up to World War 1, focusing chiefly on the 18th and 19th centuries. Taking a multidisciplinary approach and making extensive use of the archival record, this is the first detailed, historical account of the relationship between maps and copyright. As such, it examines how the emergence and development of copyright law affected mapmakers and the map trade and how the application of copyright law to the field of mapmaking affected the development of copyright doctrine. Its explorations cast new light on the circulation of geographical knowledge, different cultures of authorship and creativity, and connections between copyright law, print culture, technology, and society.  The book will be of interest to legal historians, intellectual property scholars, and historians of the map