New Books in Human Rights

In The Conceit of Humanitarian Intervention (Oxford University Press, 2020), Rajan Menon shows that this belief, while noble, is naïve. He considers it ancient artifact belonging to the brief period right after the end of the cold war- the ‘Unipolar Moment’With the end of the Cold War has come an upsurge in humanitarian interventions-military campaigns aimed at ending mass atrocities. These wars of rescue, waged in the name of ostensibly universal norms of human rights and legal principles, rest on the premise that a genuine "international community" has begun to emerge and has reached consensus on a procedure for eradicating mass killings. Rajan Menon argues that, in fact, humanitarian intervention remains deeply divisive as a concept and as a policy, and is flawed besides. The advocates of humanitarian intervention have produced a mountain of writings to support their claim that human rights precepts now exert an unprecedented influence on states' foreign policies and that we can therefore anticipate a comprehensive solution to mass atrocities.States continue to act principally based on what they regard at any given time as their national interests. Delivering strangers from oppression ranks low on their list of priorities. Indeed, even democratic states routinely embrace governments that trample the human rights values on which the humanitarian intervention enterprise rests. States' ethical commitment to waging war to end atrocities remains episodic and erratic-more rhetorical than real. And when these missions are undertaken, the strategies and means used invariably produce perverse, even dangerous results. This, in no small measure, stems from the hubris of leaders-and the acolytes of humanitarian intervention-who have come to believe that they possesses the wisdom and wherewithal to bestow freedom and stability upon societies about which they know little.Medha Prasanna is an M.A candidate at the Elliott School of International Affairs, George Washington University. Learn more about your ad choices. Visit megaphone.fm/adchoices

The debate over American immigration policy has obsessed politicians and disrupted the lives of millions of people for decades. In The Battle To Stay in America: Immigration's Hidden Front Line (University of Nevada Press, 2020), Professor Michael Kagan focuses on Las Vegas, Nevada. Las Vegas is a city where more than one in five residents was born in a foreign country. It's a city dependent on its immigrant population, but one where the community is struggling to defend itself against the federal government’s crackdown on undocumented immigrants. Professor Kagan tells this story not just as a front-line immigration lawyer, but also as a citizen, as a friend, and a parent. His intensely personal account converts headlines, complicated and punitive legal processes, and unjust bureaucratic procedures into the personal stories of the struggles to survive the severe immigration policing of the current administration. This is the immigration story that needs to be told: the disappearances of neighbors, the breaking up of families, the parents who are forever relegated to working jobs below their potential because immigration laws prevent them ever being free and equal.Kagan explains how American immigration law often gives good people no recourse. Under President Trump complex bureaucracies that administer immigration law have been re-engineered to carry out a relentless but often invisible attack against people and families who are integral to American communities. Professor Kagan tells the stories of people desperate to escape unspeakable violence in their homeland, children separated from their families and trapped in a tangle of administrative regulations, and hardworking long-time residents suddenly ripped from their productive lives when they fall unwittingly into the clutches of the immigration enforcement system. He considers how the crackdown on immigrants negatively impacts the national economy and offers a deeply considered assessment of the future of immigration policy in the United States. Kagan also captures the psychological costs exacted by fear of deportation and by increasingly overt expressions of hatred against immigrants.The Battle to Stay in America could not be more timely; with a changing Administration it's time not just to rethink America's immigration policy, but change how we think about immigration entirely.Professor Michael Kagan is the director of the UNLV Immigration Clinic, which defends children and families fighting deportation in Las Vegas, and is a Joyce Mack Professor of Law at the University of Nevada, Las Vegas. He was a plaintiff that prevented the Trump administration from adding a question about citizenship to the 2020 census. He has written for The Washington Post, Salon.com and The Daily Beast, and is a leading national scholar of immigration and refugee law. He is one of the most widely cited immigration scholars in the United States, and his work has been relied on in courts in the United States and beyond.  Jane Richards is a doctoral candidate in human rights law at the University of Hong Kong. You can find her on twitter @JaneRichardsHK where she follows the Hong Kong protests and its politics.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to The Academic Life. You are smart and capable, but you aren’t an island, and neither are we. So we reached across our mentor network to bring you podcasts on everything from how to finish that project, to how to take care of your beautiful mind. Wish we’d bring in an expert about something? Email us at cgessler@gmail.com or dr.danamalone@gmail.com. Find us on Twitter : The Academic Life @AcademicLifeNBN.In this episode you’ll hear: about the limits and the breadth of the first amendment, what to do when your free speech rights are violated, why having “free speech zones” on campus doesn’t work, and what you can do when someone else’s free speech is hurtful or offensive.Our guest is Will Creeley, legal director of The Foundation for Individual Rights in Education.Will began defending student and faculty rights for FIRE in 2006 after graduating from New York University School of Law, where he served as an associate executive editor for the New York University Law Review. He is a member of the First Amendment Lawyers Association and serves as Co-Chair of the Education Subcommittee of the American Bar Association’s Section of Administrative Law and Regulatory Practice.Your host is Dr. Christina Gessler, a historian of women, gender, and sexuality. She specializes in decoding diaries written by rural women in the 19th century. She credits her ability to read nearly-illegible things to a childhood spent trying read her dad’s handwriting. Christina’s dad was a public defender; human rights and how to defend them was dinner table talk nightly.Listeners to this episode might be interested in: First Things First: A Modern Coursebook on Free Speech Fundamentals, by Ronald K.L. Collins, Will Creeley, David L. Hudson Jr., and Jackie Farmer. "How to Respond to Richard Spencer," by Will Creeley, The New York Times (Oct. 19, 2017). Jim Crow Campus: Higher Education and the Struggle for a New Southern Social Order, by Joy Ann Williamson-Lott. "Fighting for Free Speech on America’s Campuses," by Cecilia Capuzzi Simon, The New York Times (Aug. 1, 2016).  FIRE's Tips for Student Activism Learn more about your ad choices. Visit megaphone.fm/adchoices

Twentieth-century neuroscience fixed the brain as the basis of consciousness, the self, identity, individuality, even life itself, obscuring the fundamental relationships between bodies and the worlds that they inhabit. In Unraveling: Remaking Personhood in a Neurodiverse Age (University of Minnesota Press, 2020), Matthew J. Wolf-Meyer draws on narratives of family and individual experiences with neurological disorders, paired with texts by neuroscientists and psychiatrists, to decenter the brain and expose the ableist biases in the dominant thinking about personhood.Unraveling articulates a novel cybernetic theory of subjectivity in which the nervous system is connected to the world it inhabits rather than being walled off inside the body, moving beyond neuroscientific, symbolic, and materialist approaches to the self to focus instead on such concepts as animation, modularity, and facilitation. It does so through close readings of memoirs by individuals who lost their hearing or developed trauma-induced aphasia, as well as family members of people diagnosed as autistic--texts that rethink modes of subjectivity through experiences with communication, caregiving, and the demands of everyday life.Arguing for a radical antinormative bioethics, Unraveling shifts the discourse on neurological disorders from such value-laden concepts as "quality of life" to develop an inclusive model of personhood that honors disability experiences and reconceptualizes the category of the human in all of its social, technological, and environmental contexts.Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context. Learn more about your ad choices. Visit megaphone.fm/adchoices

In International Aid and Democracy Promotion: Liberalization at the Margins (Routledge, 2020), Political Scientist Bann Seng Tan investigates the link between foreign aid and the promotion of democracy, using theory, statistical tests, and illustrative case studies.The book challenges the field of development to recognise that democracy promotion is unlike other development goals. With a goal like economic development, the interests of the recipient and the donor coincide; whereas, with democratisation, authoritarian recipients have strong reasons to oppose what donors seek. The different motivations of donors and recipients must be considered if democracy aid is to be effective. The author examines how donors exercise their leverage over aid recipients, and, more importantly, why, using selectorate theory to understand the incentives of both aid donors and recipients.International Aid and Democracy Promotion will be of great interest to academics and students of development and democratisation, as well as policy makers with authority over foreign aid allocation.Ashoka University generously funded Open Access for this book. This means students can get a digital copy of the book for free. Medha Prasanna is an MA candidate at the Elliott School of International Affairs, George Washington University. Her current research focuses on International Organizations and Human Rights Law. You can learn more about her here or email her medp16@gwu.edu Learn more about your ad choices. Visit megaphone.fm/adchoices

Kimberley Brownlee, a professor of philosophy at the University of British Columbia, has written a monograph addressing her argument in favor a right against social deprivation. In Being Sure of Each Other: An Essay on Social Rights and Freedoms (Oxford UP, 2020), Professor Brownlee contends that all humans have basic needs for human interaction. Since such needs are fundamental for survival, they should be regarded as a human right. Social interaction is not a right to “love” or “friendship”, but rather a right to basic opportunities to interact with other humans. Although Professor Brownlee’s argument is most easily applicable to institutional settings wherein people are frequently deprived of human interaction, such as solitary confinement in prisons or isolation in hospitals, this right is generally applicable to a wide array of contexts in which people find themselves isolated from others.Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoices

Muslim Women’s Rights: Contesting Liberal-Secular Sensibilities in Canada (Routledge 2019) By Tabassum Fahim Ruby follows the legal debates and public discussions that surrounded the proposed shari‘ah tribunals in Canada from 2003 to 2006. In her close readings and discourse analysis of the public and media scrutiny that followed this discussion, Ruby found that these debates existed at the nexus of complex assumptions about human rights discourses, liberal-secular sensibilities, and law, which all hinged on narratives of western modernity and progress and were set against notions of Muslim women’s rights and agency, or lack thereof. By tracing discourses surrounding Islamic family law and practices of faith-based arbitration in Canada, the study problematizes conceptions of multiculturalism, secularism, and human rights discourses, while further contributing to discussion of contemporary Islam and gender by drawing on postcolonial, antiracist, and transnational feminist studies by focusing on Muslim women’s rights. This book will be of interest to scholars who think and write about women and gender in Islam, especially in Canada, the United States and western Europe, along with those who are interested in human rights and Islamic law. It will also be a great text to include in courses on Islam and gender, and contemporary Islam. Shobhana Xavier is an Assistant Professor of Religious Studies at Queen’s University. Her research areas are on contemporary Sufism in North America and South Asia. She is the author of Sacred Spaces and Transnational Networks in American Sufism (Bloomsury Press, 2018) and a co-author of Contemporary Sufism: Piety, Politics, and Popular Culture (Routledge, 2017). More details about her research and scholarship may be found here and here. She may be reached at shobhana.xavier@queensu.ca. You can follow her on Twitter via @shobhanaxavier. Learn more about your ad choices. Visit megaphone.fm/adchoices

When are borders justified? Who has a right to control them? Where should they be drawn? Today people think of borders as an island's shores. Just as beaches delimit a castaway's realm, so borders define the edges of a territory, occupied by a unified people, to whom the land legitimately belongs. Hence a territory is legitimate only if it belongs to a people unified by a civic identity. Sadly, this Desert Island Model of territorial politics forces us to choose. If we want territories, then we can either have democratic legitimacy, or inclusion of different civic identities--but not both. The resulting politics creates mass xenophobia, migrant-bashing, hoarding of natural resources, and border walls.To escape all this, Paulina O. Espejo's On Borders: Territories, Legitimacy, and the Rights of Place (Oxford UP, 2020) presents an alternative model. Drawing on an intellectual tradition concerned with how land and climate shape institutions, it argues that we should not see territories as pieces of property owned by identity groups. Instead, we should see them as watersheds: as interconnected systems where institutions, people, the biota, and the land together create overlapping civic duties and relations, what the book calls place-specific duties. This Watershed Model argues that borders are justified when they allow us to fulfill those duties; that border-control rights spring from internationally-agreed conventions--not from internal legitimacy; that borders should be governed cooperatively by the neighboring states and the states system; and that border redrawing should be done with environmental conservation in mind. The book explores how this model undoes the exclusionary politics of desert islands. Learn more about your ad choices. Visit megaphone.fm/adchoices

“Imagine you live in a freewheeling city like New York or London – one of the world’s leading financial, educational, and cultural centres. Then imagine that one of the world’s most infamous authoritarian regimes makes direct control over your city, introducing secret police, warrant less surveillance and searches, massive repression and the arrest of protestors, and aggressive prosecution… This is what just happened in Hong Kong”--Michael C. DavisIt is difficult to understand the pace or extent of the changes in Hong Kong since the protests began in June 2019, however in his latest book, Michael C. Davis breaks down for both the uninitiated and expert alike, the political, legal and informal events that have shaped Hong Kong under China’s ever expanding controls. In recent years, Beijing’s increasing interference with Hong Kong’s autonomy has begun to erode the promised “one country, two systems” model. The tension between one country and two systems came to a head in 2019; the world watched Hong Kong’s widespread protests demanding the maintenance of Hong Kong’s autonomy, rule of law and basic freedoms. In an attempt to quell the resistance movement, in 2020 Beijing introduced a National Security Law which has had a chilling effect on society. In Making Hong Kong China: The Rollback of Human Rights and the Rule of Law (Columbia UP, 2020), Professor Davis contextualizes these events in Hong Kong’s political history, giving the reader unique understandings about the events of 2019 and 2020.Professor Michael C. Davis has taught human rights and constitutional law in Hong Kong for over three decades. Through that time, he has witnessed first-hand the changes from the period before the handover in 1997 under British Colonial Rule, including the events after the Tiananmen crackdown in 1989. He was instrumental in the organisation of the massive 2003 and 2004 protests, and witnessed first-hand the protests of the 2014 Occupy Central movement. He brings his unique insights to this book. Davis is the author of a number of books and his scholarship engages a wide range of issues relating to human rights, the rule of law and constitutionalism in emerging states. He is widely published in both academic circles and also popular news media. In 2014 he was awarded the 2014 Human Rights Press Award for his commentary by the Hong Kong Foreign Correspondents Club.Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoices

In his latest book, Professor Lindsay Farmer offers a historical and conceptual analysis of theories of criminalization. The book shows how criminalization is inextricably linked to the making of the modern criminal law. This distinct body of rules and processes is neither fixed nor inevitable in what, who, and how it criminalizes. Instead, it is constructed by the changing functions of criminal law as an instrument of government in the modern state. In this way, the criminal law, and processes of criminalization shape the modern civil order.Making of the Modern Criminal Law: Criminalization and Civil Order first traces the development of the modern criminal law as an institution, and shows how this secures civil order. Specifically, it identifies particular aspects of criminal law – those being jurisdiction, codification and responsibility – to give an understanding how social order is constructed by the criminal law. The book then provides detailed analysis of three particular areas of criminal law, focusing on patterns of criminalization in relation to property, the person and sexual conduct.The book is essential reading for scholars of criminal law and theory, criminalization, and all those who wish to understand the far-reaching impact of the criminal law on social order. Farmer raises questions relevant for lawyers, legislators and theorists and asks the reader to question their assumptions about the modern criminal law, the process of criminalization and social order.Lindsay Farmer is a professor of law at the University of Glasgow. He has previously held teaching posts at the University of Strathclyde, and at Birkbeck College, University of London. He has spent time as a visiting professor at the Center for Law and Society in the University of California at Berkeley, the University of Toronto, Columbia University, New York and the University of Sydney. He is the author of a number of books, and has recently been awarded a Leverhulme Trust Major Research Fellowship (2019-2022) to work on a project entitled "Rethinking the Relation between Criminal Law and Markets". In 2019 he was elected as a Fellow of the British Academy.Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoices