New Books in Law

According to an intuitive view, those who commit crimes are justifiably subject to punishment. Depending on the severity of the wrongdoing constitutive of the crime, punishment can be severe: incarceration, confinement, depravation, and so on. The common thought is that in committing serious crimes, persons render themselves deserving of punishment by the State. Punishment, then, is simply a matter of giving offenders their just deserts. Call this broad view retributivism. What if retributivism’s underlying idea of desert is fundamentally confused? What if persons lack the kind of free will that would make them deserving of punishment in the sense that retributivism requires?This is the central question of Gregg Caruso’s new book, Rejecting Retributivism: Free Will, Punishment, and Criminal Justice (Cambridge, 2021). After arguing against the idea that persons can be deserving of punishment in the retributivist’s sense, Caruso develops an alternative approach to criminal behavior that he called the Public-Health Quarantine Model. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Lydia Harvey was meant to disappear. She was young and working class; she'd walked the streets, worked in brothels, and had no money of her own. In 1910, politicians, pimps, policemen and moral reformers saw her as just one of many 'girls who disappeared'. But when she took the stand to give testimony at the trial of her traffickers, she ensured she'd never be forgotten.In The Disappearance of Lydia Harvey: A True Story of Sex, Crime and the Meaning of Justice (Profile Books, 2021), historian Julia Laite traces Lydia's extraordinary life from her home in New Zealand to the streets of Buenos Aires and safe houses of London. She also reveals the lives of international traffickers Antonio Carvelli and his mysterious wife Marie, the policemen who tracked them down, the journalists who stoked the scandal, and Eilidh MacDougall, who made it her life's mission to help women who'd been abused and disbelieved.Together, they tell an immersive story of crime, travel and sexual exploitation, of lives long overlooked and forgotten by history, and of a world transforming into the 20th centuryPamela Fuentes is an Assistant Professor in the Women’s and Gender Studies Department at Pace University-NYC campus. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Warsaw Ghetto Police: The Jewish Order Service during the Nazi Occupation (Cornell University Press/US Holocaust Memorial Museum, 2021) , Katarzyna Person shines a spotlight on the lawyers, engineers, young yeshiva graduates, and sons of connected businessmen who, in the autumn of 1940, joined the newly formed Jewish Order Service.Person tracks the everyday life of policemen as their involvement with the horrors of ghetto life gradually increased. Facing and engaging with brutality, corruption, and the degradation and humiliation of their own people, these policemen found it virtually impossible to exercise individual agency. While some saw the Jewish police as fellow victims, others viewed them as a more dangerous threat than the German occupation authorities; both were held responsible for the destruction of a historically important and thriving community. Person emphasizes the complexity of the situation, the policemen's place in the network of social life in the ghetto, and the difficulty behind the choices that they made. By placing the actions of the Jewish Order Service in historical context, she explores both the decisions that its members were forced to make and the consequences of those actions.Featuring testimonies of members of the Jewish Order Service, and of others who could see them as they themselves could not, Warsaw Ghetto Police brings these impossible situations to life. It also demonstrates how a community chooses to remember those whose allegiances did not seem clear.Katarzyna Person is a historian specialising in the history of the Holocaust and its aftermath in occupied Poland, working in the Jewish Historical Institute in Warsaw. She is the author of Assimilated Jews in the Warsaw Ghetto (Syracuse University Press, 2014).  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Since the decline of piracy off the coast of the Horn of Africa, Southeast Asia has re-emerged as the world’s hotspot for maritime piracy, with 85 reported attacks in the region in 2020 alone. Unlike much of the rest of the world, Southeast Asia has also seen a resurgence of sophisticated maritime piracy, beyond just simple robberies. Yet this recent upsurge in maritime piracy is no coincidence.Professor Justin Hastings spoke to Dr Natali Pearson about Southeast Asia’s long history of maritime piracy, highlighting how the region’s archipelagic geography, legacies from colonial rule, trade integration, contested maritime boundaries, political unrest, and weak governance have all contributed to the rise of maritime piracy, and explaining the many strategies pirates have adopted over time to respond to state crackdowns.Justin Hastings is Professor of International Relations and Comparative Politics at the University of Sydney. He researches the geography and political economy of clandestine groups, including maritime pirates, organized criminals, terrorists, insurgents, nuclear traffickers, and black and gray markets, with a focus on Southeast Asia, Northeast Asia, and the Indian Ocean Region. He is the author of No Man’s Land: Globalization, Territory, and Clandestine Groups in Southeast Asia (2010) and A Most Enterprising Country: North Korea in the Global Economy (2016).For more information or to browse additional resources, visit the Sydney Southeast Asia Centre’s website: www.sydney.edu.au/sseac. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Linda Colley is a luminary in the fields of British and imperial history, and the Shelby M. C. Davis 1958 Professor of History at Princeton University. Her captivating new book The Gun, the Ship, and the Pen: Warfare, Constitutions, and the Making of the Modern World (Liveright, 2021) narrates a sweeping global history of written constitutions from the 18th to the 21st century. Bold, imaginative, and strikingly original, it challenges established accounts and uncovers the close connection between constitution-making and warfare. Colley brings to the fore historiographically neglected sites and actors, from Catherine the Great to Sierra Leone's James Africanus Beale Horton and Tunisia's soldier-constitutionalist Khayr-al-Din. The monograph focuses on the myriad ways in which constitutions crossed boundaries and intersected with wider political, cultural, and socioeconomic forces in all corners of the globe. By displaying both the emancipatory and the repressive effects of modern constitutions, The Gun, the Ship, and the Pen retells the serpentine story of successful and failed attempts to redefine the functions and limits of state governments.   Vladislav Lilic is a doctoral candidate in Modern European History 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

Aggressors in Blue: Exposing Police Sexual Misconduct (Palgrave Macmillan, 2020) presents a powerful and thorough investigation into police deviance and sexual misconduct in the US. Drawing on news reports, official government press releases and academic research sources, Tom Barker examines a wide array of cases including sexual harassment, sexual abuse, child molestation and police killings, including those of prisoners behind bars. Substantiated with additional cases from the UK, Russia and beyond, analysis is also conducted of the experiences of the victims of those crimes. Aggressors in Blue argues that this misconduct has its roots in the nature of the law enforcement occupation, and outlines the typical conditions which enables police sexual abuse to take place. This is a bold new investigation which speaks to students and academics in criminal justice, criminology and social justice in particular, as well as to scholars, social justice advocates, law enforcement professionals, policy-makers and academics in other related disciplines.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

The American atomic bomb was born in secrecy. From the moment scientists first conceived of its possibility to the bombings of Hiroshima and Nagasaki and beyond, there were efforts to control the spread of nuclear information and the newly discovered scientific facts that made such powerful weapons possible. The totalizing scientific secrecy that the atomic bomb appeared to demand was new, unusual, and very nearly unprecedented. It was foreign to American science and American democracy--and potentially incompatible with both. From the beginning, this secrecy was controversial, and it was always contested. The atomic bomb was not merely the application of science to war, but the result of decades of investment in scientific education, infrastructure, and global collaboration. If secrecy became the norm, how would science survive?Drawing on troves of declassified files, including records released by the government for the first time through the author's efforts, Alex Wellerstein's book Restricted Data: The History of Nuclear Secrecy in the United States (University of Chicago Press, 2021) traces the complex evolution of the US nuclear secrecy regime from the first whisper of the atomic bomb through the mounting tensions of the Cold War and into the early twenty-first century. A compelling history of powerful ideas at war, it tells a story that feels distinctly American: rich, sprawling, and built on the conflict between high-minded idealism and ugly, fearful power. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Bounded by desert and mountains, El Centro, California, is isolated and difficult to reach. However, its location close to the border between San Diego and Yuma, Arizona, has made it an important place for Mexican migrants attracted to the valley’s agricultural economy. In 1945, it also became home to the El Centro Immigration Detention Camp. The Shadow of El Centro: A History of Migrant Incarceration and Solidarity (University of North Carolina Press, 2021) tells the story of how that camp evolved into the Immigration and Customs Enforcement Service Processing Center of the 2000s and became a national model for detaining migrants—a place where the policing of migration, the racialization of labor, and detainee resistance coalesced.Using government correspondence, photographs, oral histories, and private documents, Jessica Ordaz reveals the rise and transformation of migrant detention through this groundbreaking history of one detention camp. The story shows how the U.S. detention system was built to extract labor, to discipline, and to control migration, and it helps us understand the long and shadowy history of how immigration officials went from detaining a few thousand unauthorized migrants during the 1940s to confining hundreds of thousands of people by the end of the twentieth century. Ordaz also uncovers how these detained migrants have worked together to create transnational solidarities and innovative forms of resistance.David-James Gonzales (DJ) is Assistant Professor of History at Brigham Young University. He is a historian of migration, urbanization, and social movements in the U.S., and specializes in Latina/o/x politics and social movements. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In The Human Rights Dictatorship: Socialism, Global Solidarity and Revolution in East Germany (Cambridge UP, 2020), Ned Richardson-Little exposes the forgotten history of human rights in the German Democratic Republic, placing the history of the Cold War, Eastern European dissidents and the revolutions of 1989 in a new light. By demonstrating how even a communist dictatorship could imagine itself to be a champion of human rights, this book challenges popular narratives on the fall of the Berlin Wall and illustrates how notions of human rights evolved in the Cold War as they were re-imagined in East Germany by both dissidents and state officials. Ultimately, the fight for human rights in East Germany was part of a global battle in the post-war era over competing conceptions of what human rights meant. Nonetheless, the collapse of dictatorship in East Germany did not end this conflict, as citizens had to choose for themselves what kind of human rights would follow in its wake.Jill Massino is a scholar of modern Eastern Europe with a focus on Romania, gender, and everyday life. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Michelle Schwarze’s engaging new book, Recognizing Resentment: Sympathy, Injustice, and Liberal Political Thought (Cambridge UP, 2020), delves into the idea and role of resentment within the political environment and how spectatorial resentment can work to support the pursuit of justice within society and political systems. Schwarze argues that resentment, as an emotion, recognizes the humanity in others, and, if realized appropriately, can help integrate emotions into political life. The liberal political project focuses so much on rationality and eliding the emotions, the turn to resentment and, from it, sympathy can seem at odds both with the modern liberal approach and with our general understanding of resentment. Schwarze’s research centers around three thinkers from the Scottish Enlightenment, Bishop Joseph Butler, Adam Smith, and David Hume. Recognizing Resentment also integrates work by Thomas Hobbes, Bernard Mandeville, Samuel von Pufendorf, as all of these thinkers were considering the role of sentiment, specifically sympathy within liberal society, and this is a path towards sympathetic resentment, which allows a citizen to put themselves in the shoes of another, particularly an individual who has been wronged or is a victim, and to advocate for justice on behalf of another. Spectatorial resentment is the embodiment of this capacity, this ability to adopt emotions on behalf of other people—especially anger—and this can sustain a kind of contagion sympathy.Recognizing Resentment’s focus on Butler, Hume, and Smith as their work is trying to get at the emotions that are behind justice, pursuing the specific concern with social trust. The individual needs to be able to adopt the resentment of others—this also provides a kind of equality across citizens, thus leading to a form of political equality, which is a key component of liberal society. Schwarze also discussed the pitfalls or problems with sympathetic resentment, and the forms of inequality that can undermine the capacity for true spectatorial resentment. If citizens are too stratified, particularly based on class and wealth, it becomes quite difficult to sympathize with each other. Recognizing Resentment: Sympathy, Injustice, and Liberal Political Thought leads the reader through the complexities of affect within politics and political thought, and argues for the importance of resentment within a just political order.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