New Books in Law

Until Jessica Hinchy’s latest book, Governing Gender and Sexuality in Colonial India: The Hijra, c.1850-1900 (Cambridge University Press, 2019), there was no single monograph dedicated to the history of the Hijra community. Perhaps this silence can bear the loudest testament of the marginalization this gender non-confirming community was subjected to under British colonial rule. This book is, therefore, important not only because of its efforts to humanize and situate this community amid the anxieties and hubristic ambitions of colonial rule, but also because it documents the ability many Hijras have to preserve in spite of systematic policing and criminalization. More importantly, perhaps, Jessica Hinchy reveals that the Hijras’ were not just surveilled or marginalized; British colonial authorities ultimately aimed to eradicate and eliminate the community entirely.Jessica Hinchy is Assistant Professor in History at the Nanyang Technological University, in Singapore. Her research examines gender, sexuality and colonialism in India. In addition to studying the history of the transgender Hijra community under British colonial rule, Dr. Hinchy has also explored problems related to slavery, masculinity, and indirect colonial rule in India through several publications on Khwajasarai eunuch-slaves. She has also investigated the history of childhood, in particular in relation to sexuality and slavery. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Partisan Republic: Democracy, Exclusion, and the Fall of the Founders’ Constitution, 1780s-1830s (Cambridge University Press, 2019) is the first book to unite a top down and bottom up account of constitutional change in the Founding era. Gerald Leonard, Professor of Law at Boston University School of Law, and Saul Cornell, Paul and Diane Guenther Chair in American History at Fordham University, focus on the decline of the Founding generation's elitist vision of the Constitution and the rise of a more 'democratic' vision premised on the exclusion of women and non-whites. It incorporates recent scholarship on topics ranging from judicial review to popular constitutionalism to place judicial initiatives like Marbury vs Madison in a broader, socio-legal context. The book recognizes the role of constitutional outsiders as agents in shaping the law, making figures such as the Whiskey Rebels, Judith Sargent Murray, and James Forten part of a cast of characters that has traditionally been limited to white, male elites such as James Madison, Alexander Hamilton, and John Marshall. Finally, it shows how the 'democratic' political party came to supplant the Supreme Court as the nation's pre-eminent constitutional institution.Ryan Tripp is part-time and full-time adjunct history faculty for Los Medanos Community College as well as the College of Online and Continuing Education at Southern New Hampshire University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his new book, The Investigator: Demons of the Balkan War (University of Nebraska Press, 2019), Vladimir Dzuro, a retired Czech police commissioner, provides a first-hand look at the establishment of the International Crime Tribunal for Yugoslavia to prosecute Balkan war criminals. In contrast to the Nuremberg trials, these trials relied upon the traditional work of police detectives to provide the evidence and witnesses for the trials in the Hague. Through his thoughtful yet tantalizing narrative, Dzuro humanizes both the victims and the perpetrators of these late twentieth century acts of genocide. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

World War II played an important role in the trajectory of race and American political development, but the War's effects were much more complex than many assume. In order to unpack these complexities and mine underutilized sources of public opinion data, Steven White had written World War II and American Racial Politics: Public Opinion, the Presidency, and Civil Rights Advocacy (Cambridge University Press, 2019). White is an assistant professor of political science at Syracuse University.White offers an extensive analysis of rarely used survey data and archival evidence to assess white racial attitudes and the White house response to civil rights. Intriguingly, he shows that the white public's racial policy opinions largely DID NOT liberalize during the war against Nazi Germany and Congress remained unwilling to act on a civil rights policy agenda. Painfully aware of this, civil rights advocates shifted venues to lobby for unilateral action by the president. This book offers a reinterpretation of this critical period in American political development, as well as implications for the theoretical relationship between war and the inclusion of marginalized groups in democratic societies. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Rita Kesselring’s important book Bodies of Truth: Law, Memory, and Emancipation in Post-Apartheid South Africa (Stanford University Press, 2017) seeks to understand the embodied and everyday effects of state-sponsored violence as well the limits of the law to produce social repair. Of particular interest in Kesselring’s theorizing of the relationship between the body and the law as a mechanism to critique South Africa’s Truth and Reconciliation Commission. Dr. Kesselring’s book is an innovative study of the TRC, with a focus on embodiment and the ways in which formal justice institutions do not consider the everyday violence of injustice. Her study illuminates this tension, of people craving justice from institutions that are not designed to deliver it, leading the women of the civil society organization Khulumani to file suit in the United States under alien tort laws.Kesselring recommends three books to listeners keen to dive deeper into issues of reparation, law and justice after Apartheid in South Africa. They are Charles Abrahams’ Class Action: In Pursuit of a Larger Life (Penguin South Africa, 2019); Fiona Ross’ Bearing Witness: Women and the Truth and Reconciliation in South Africa (Pluto Press, 2002); and Georg Kries’ Switzerland and South Africa 1948-1994 (Peter Lang Publishers, 2007). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Few doctrinal and political issues are more controversial in Pakistan today than that of blasphemy. In her excellent and engaging new book Shariʿa and the State in Pakistan: Blasphemy Politics (Routledge, 2019), Farhat Haq presents the history and present of blasphemy laws, debates, and politics in Pakistan, in a manner that carefully weaves the historical backdrop of blasphemy politics with detailed descriptions of important discursive moments and contributions involving a range of different state and non-state actors. Equally conversant with Islamic Studies, South Asian Studies, and Political Science, this book will speak to and interest multiple audiences, while familiarizing readers in eminently accessible prose with the legal, political, and theological complexities invested in the question of blasphemy in Pakistan and beyond. Throughout the book, Haq convincingly shows and argues that blasphemy politics in Pakistan escapes any neat narratives or conceptual framings, and one must attend to its contingencies in order to develop a more nuanced understanding of its thorniest implications and consequences. This book is a must-read for anyone interested in the hugely critical and controversial topic of blasphemy in Islam and in Pakistan.SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His academic publications are available here. He can be reached at sherali.tareen@fandm.edu. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A shattering account of the crack cocaine years from award-winning American historian David Farber, Crack: Rock Cocaine, Street Capitalism, and the Decade of Greed (Cambridge University Press, 2019) tells the story of the young men who bet their lives on the rewards of selling 'rock' cocaine, the people who gave themselves over to the crack pipe, and the often-merciless authorities who incarcerated legions of African Americans caught in the crack cocaine underworld. Based on interviews, archival research, judicial records, underground videos, and prison memoirs, Crack explains why, in a de-industrializing America in which market forces ruled and entrepreneurial risk-taking was celebrated, the crack industry was a lucrative enterprise for the 'Horatio Alger boys' of their place and time. These young, predominately African American entrepreneurs were profit-sharing partners in a deviant, criminal form of economic globalization. Hip Hop artists often celebrated their exploits but overwhelmingly, Americans - across racial lines -did not. Crack takes a hard look at the dark side of late twentieth-century capitalism.David Farber is Roy A. Roberts Distinguished Professor of History at the University of Kansas.Matthew Johnson teaches history at Texas Tech University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Richard Bell is the author of Stolen: Five Free Boys Kidnapped Into Slavery and Their Astonishing Odyssey Home, published by Simon & Schuster in 2019. Stolen tells the true story of how five young Black boys were kidnapped from Philadelphia in 1825. Dr. Bell recounts the boys’ journey as they were forced to travel south into slavery. Those familiar with Solomon Northup’s Twelve Years A Slave or Erica Dunbar’s Never Caught will find Dr. Bell’s Stolen to be a must read, as he explores how one kidnapping was shaped by the larger history of slavery, the interstate slave trade, the law, and a host of other factors.Dr. Bell is an Associate Professor of History at the University of Maryland – College Park, where he studies United States history and culture in the 18th and 19th Centuries.Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his new book The War for Muddy Waters: Pirates, Terrorists, Traffickers, and Maritime Security (Naval Institute Press, 2019), Joshua Tallis uses the “broken windows” theory of policing to reexamine the littorals, developing a multidimensional view of the maritime threat environment. With a foundational case study of the Caribbean, Tallis explores the connections between the narcotics trade, trafficking, money laundering, and weak institutions. He finds that networks are leveraged for multiple streams of illicit activity, but enforcement efforts sometimes only focus on a single threat. Additionally, Tallis compares these findings in two comparative case studies in the Gulf of Guinea and the Straits of Malacca and Singapore. Hybrid threats emerge as a theme in these case studies, marked by the fusion of criminality and terrorism and conventional and unconventional tactics. Ultimately, Tallis recommends actors in the maritime environment evaluate threats in this multidimensional context and collaborate with communities to achieve overarching strategic objectives.Beth Windisch is a national security practitioner. You can tweet her @bethwindisch. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Who has the right to have rights? Motivated by Hannah Arendt’s famous reflections on the question of statelessness the book tells a non-linear global story of the emergence and transformations of human rights in the age of nation-states. In his new book A World Divided: The Global Struggle for Human Rights in the Age of Nation-States (Princeton UP, 2019), Eric D. Weitz argues somewhat provocatively that “the history of Nation-States is the history of Human rights” and he goes on to show how human rights claims take shape in a nexus between popular struggles, state interests and the workings of the international community. The book focuses on a range of case studies, from the struggle of Greek rebels in post-Napoleonic Europe, to American settlers and Brazilian abolitionists and from anti-colonial Africans and Soviet dissidents to Zionists. These stories unveil what the author calls the “multi-storeyed glass house of human rights”: a fragile, and multidimensional structure riddled by paradoxes and insoluble contradictions. The book steers a middle course between arguments that regard the language of human rights as a post-war invention and long durée teleological narratives about the emergence and advance of human rights. It is a compelling defence for the need to fight for the protection and expansion of basic human rights in today’s fractured world.Eric D. Weitz is Distinguished Professor of History at City College and the Graduate Center, City University of New York. His books include Weimar Germany: Promise and Tragedy and A Century of Genocide (both Princeton UP).Yorgos Giannakopoulos(@giannako) is a currently a Junior Research Fellow in Durham University, UK. He is a historian of Modern Britain and Europe. His published research recovers the regional impact of British Intellectuals in Eastern Europe in the age of nationalism and internationalism. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law