New Books in Law

The concept of madness as a challenge to communities lies at the core of legal sources. Aleksandra Pfau, Medieval Communities and the Mad: Narratives of Crime and Mental Illness in Late Medieval France (Amsterdam University Press, 2020) considers how communal networks, ranging from the locale to the realm, responded to people who were considered mad. The madness of individuals played a role in engaging communities with legal mechanisms and proto-national identity constructs, as petitioners sought the king’s mercy as an alternative to local justice. The resulting narratives about the mentally ill in late medieval France constructed madness as an inability to live according to communal rules. Although such texts defined madness through acts that threatened social bonds, those ties were reaffirmed through the medium of the remission letter. The composers of the letters presented madness as a communal concern, situating the mad within the household, where care could be provided. Those considered mad were usually not expelled but integrated, often through pilgrimage, surveillance, or chains, into their kin and communal relationships. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Based on ethnographic research with victims of intimate partner violence since 2014, Tiantian Zheng's Violent Intimacy: Family Harmony, State Stability, and Intimate Partner Violence in Post-Socialist China (Bloomsbury, 2022) brings to the forefront women's experiences of, negotiations about, and contestations against violence, and men's narratives about the reasons for their violence. Using an innovative methodology - online chat groups, it foregrounds the role of history, structural inequalities, and the cultural system of power hierarchy in situating and constructing intimate partner violence. Centering on men and women's narratives about violence, this book connects intimate partner violence with invisible structural violence - the historical, cultural, political, economic, and legal context that gives rise to and perpetuates violence against women. Through examining the ways in which women's lives are constrained by various forms of violence, hierarchy, and inequality, this book shows that violence against women is a structural issue that is historically produced and politically and culturally engaged.Shu Wan is currently matriculated as a doctoral student in history at the University at Buffalo. As a digital and disability historian, he serves in the editorial team of Digital Humanities Quarterly and Nursing Clio. On Twitter: @slissw. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On September 1, 1967, one of the Third Reich's most infamous figures hanged herself in her cell after nearly twenty-four years in prison. Known as the "Bitch of Buchenwald," Ilse Koch was singularly notorious, having been accused of owning lampshades fabricated from skins of murdered camp inmates and engaging in "bestial" sexual behavior. These allegations fueled a public fascination that turned Koch into a household name and the foremost symbol of Nazi savagery. Her subsequent prosecution resulted in a scandal that prompted US Senate hearings and even the intervention of President Truman.Yet the most sensational atrocities attributed to Koch were apocryphal or unproven. In this authoritative reappraisal, Tomaz Jardim shows that, while Koch was guilty of heinous crimes, she also became a scapegoat for postwar Germans eager to distance themselves from the Nazi past. The popular condemnation of Koch--and the particularly perverse crimes attributed to her by prosecutors, the media, and the public at large--diverted attention from the far more consequential but less sensational complicity of millions of ordinary Germans in the Third Reich's crimes.Ilse Koch on Trial: Making the 'Bitch of Buchenwald' (Harvard UP, 2023) reveals how gendered perceptions of violence and culpability drove Koch's zealous prosecution at a time when male Nazi perpetrators responsible for greater crimes often escaped punishment or received lighter sentences. Both in the international press and during her three criminal trials, Koch was condemned for her violation of accepted gender norms and "good womanly behavior." Koch's "sexual barbarism," though treated as an emblem of the Third Reich's depravity, ultimately obscured the bureaucratized terror of the Nazi state and hampered understanding of the Holocaust. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Since Time Immemorial: Native Custom and Law in Colonial Mexico (Duke UP, 2023), Yanna Yannakakis traces the invention of Native custom, a legal category that Indigenous litigants used in disputes over marriage, self-governance, land, and labor in colonial Mexico. She outlines how, in the hands of Native litigants, the European category of custom—social practice that through time takes on the normative power of law—acquired local meaning and changed over time. Yannakakis analyzes sources ranging from missionary and Inquisition records to Native pictorial histories, royal surveys, and Spanish and Native-language court and notarial documents. By encompassing historical actors who have been traditionally marginalized from legal histories and highlighting spaces outside the courts like Native communities, parishes, and missionary schools, she shows how imperial legal orders were not just imposed from above but also built on the ground through translation and implementation of legal concepts and procedures. Yannakakis argues that, ultimately, Indigenous claims to custom, which on the surface aimed to conserve the past, provided a means to contend with historical change and produce new rights for the future.Joaquín Rivaya-Martínez es profesor de Historia en Texas State University. Sus intereses académicos incluyen la etnohistoria, los pueblos indígenas de las Grandes Llanuras y el Suroeste de EE.UU., la frontera México-EE.UU. y la América hispánica. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Industry Unbound: The Inside Story of Privacy, Data, and Corporate Power (Cambridge UP, 2021), Ari Ezra Waldman exposes precisely how the tech industry conducts its ongoing crusade to undermine our privacy. With research based on interviews with scores of tech employees and internal documents outlining corporate strategies, Waldman reveals that companies don't just lobby against privacy law; they also manipulate how we think about privacy, how their employees approach their work, and how they weaken the law to make data-extractive products the norm. In contrast to those who claim that privacy law is getting stronger, Waldman shows why recent shifts in privacy law are precisely the kinds of changes that corporations want and how even those who think of themselves as privacy advocates often unwittingly facilitate corporate malfeasance. This powerful account should be read by anyone who wants to understand why privacy laws are not working and how corporations trap us into giving up our personal information.Jake Chanenson is a computer science Ph.D. student at the University of Chicago and an AY23-24 affiliate at the Center for Information, Technology, and Public Life (CITAP). Broadly, Jake is interested in topics relating to HCI, privacy, and tech policy. Jake’s work has been published in top venues such as ACM’s CHI Conference on Human Factors in Computing Systems. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Disability Pride: Dispatches from a Post-ADA World (Beacon, 2022), disabled journalist Ben Mattlin weaves together interviews and reportage to introduce a cavalcade of individuals, ideas, and events in engaging, fast-paced prose. He traces the generation that came of age after the ADA reshaped America, and how it is influencing the future. He documents how autistic self-advocacy and the neurodiversity movement upended views of those whose brains work differently. He lifts the veil on a thriving disability culture--from social media to high fashion, Hollywood to Broadway--showing how the politics of beauty for those with marginalized body types and facial features is sparking widespread change.He also explores the movement's shortcomings, particularly the erasure of nonwhite and LGBTQIA+ people that helped give rise to Disability Justice. He delves into systemic ableism in health care, the right-to-die movement, institutionalization, and the scourge of subminimum-wage labor that some call legalized slavery. And he finds glimmers of hope in how disabled people never give up their fight for parity and fair play.Beautifully written, without anger or pity, Disability Pride is a revealing account of an often misunderstood movement and identity, an inclusive reexamination of society's treatment of those it deems different. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this interview, I speak with Marion Holmes Katz about her latest book Wives and Work: Islamic Law and Ethics Before Modernity (Columbia UP, 2022). This fascinating book explores the question of wives’ domestic responsibilities from a Sunni Islamic legal perspective, covering scholarship from the ninth to the fourteenth centuries. The book addresses questions such as, does the wife have the obligation to provide housework? What counts as housework? And if it is true that the wife is not obligated to perform any household labor, as many western Muslims believe, how did the Muslim tradition reconcile this ruling with the anecdote involving Fatima’s request to the Prophet Muhammad for help with household work because she is overworked? And how did Muslim scholars reconcile this idea with what they understood to be morally, culturally, or religiously correct behavior from a woman? If the wife does choose to perform housework, is she entitled to compensation from her husband? For most Muslim scholars historically, answers to these questions involved distinguishing between ethical ideals and legal claims. Katz shows, for instance, that the discourse on women’s household labor evolves with time, context, geographical location, such that, for example, in the formative period, it was widely accepted that wives are not obligated to perform any household chores, but by the time we get to the 14th century, this doctrine is challenged. Overall, then, not only do scholarly views expectedly disagree with each other, but also, scholars are less interested in providing a set of generic rules about wifely duties and more in encouraging the fulfillment of duties as they’re understood in one’s own social location.In our conversation today, we discuss the book’s main contributions and its origins; a hadith report describing an incident about Fatima’s request to Muhammad for domestic help; what exactly domestic service means and who is required or obligated to provide it—and what that obligation means; what exactly is so ethical about household work, since this discourse is rooted in ethics for Muslim scholars; and how male scholars have historically treated domestic service. We end with some thoughts on discussions about Islamic law and domestic service from a class perspective; for example, where do poor men and poor wives fit into this discussion? What are their rights? Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Kevin Vallier is a philosophy professor and author of All the Kingdoms of the World: On Radical Religious Alternatives to Liberalism (Oxford UP, 2023), a new book about Catholic Integralism, a mostly online intellectual movement that thinks the church should take over the state, something that made sense fifteen hundred years ago after the collapse of the Roman Empire, but not so much day in our pluralistic, democratic age. Professor Vallier’s goal is to help us all talk together with patience and grace (which includes really listening) to people we disagree with and regard as eccentric. So why not talk it over on Almost Good Catholics? Kevin Vallier’s faculty website at Bowling Green University, Ohio. Kevin Vallier’s personal website. Kevin Vallier’s blogs at Reconciled. Fr James Rooney, OP, critiques Integralism, in the Intellectual Catholicism podcast with Suan Sonna. “What is Integralism, Anyway?” by Charlie Camosy, at the Pillar. Krzysztof Odyniec is a historian of Medieval and Early Modern Europe; he is also the host of the 'Almost Good Catholics' podcast. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sarah Coleman, an historian at Texas State University, is the author of an important and topical book about immigration policy in the United States. The Walls Within: The Politics of Immigration in Modern America (Princeton UP, 2023) focuses much less on the often-discussed physical border between the United States and other countries, and more so on the internal touchpoints where immigration federalism takes place. Coleman does a number of things in this book, including providing a fascinating overview of immigration policies and prohibitions throughout U.S. history, but not in a linear mode—instead, she integrates the historical record into the discussion of the domestic policies that were developed over the past 70 years. These policies are the central focus of the book, since it is the structure, execution, and implementation of these policies that constrain and impact citizens and non-citizens in the United States. The Walls Within examines education policy and court decisions, labor policy and the debate about employer sanctions, welfare policy and questions of immigrant contributions and benefits, and, finally, civil liberties and localized immigration enforcement regimes.Given the current political debate around immigration, the complexity of the politics within and around that debate, and the constantly looming image of “the wall” at the southern border, Coleman’s book explains and clarifies so much of the history, political conversations, policies, and implementation of immigration inside the United States. Sifting through demographic changes, economic shifts, congressional legislation, and court challenges, Coleman weaves together the different policies and outcomes, and the different forms of enforcement. This is what contributes to immigration federalism, since restrictions, prohibitions, and denial of opportunities generally happen at a state or local level. Thus, where immigration policy is actually touching people—citizens and non-citizens alike—is not, per se, where a Border Control officer examines a passport or a document, but in implementing sanctions against employers or in denying a second-grader breakfast before school. The exploration of these touchpoints highlights the themes running through The Walls Within: political culture, electoral politics, and political economy. Coleman notes that there are approximately 24 million immigrants in the United States, and about half that number are unauthorized. Most of the unauthorized immigrants are not coming across either the northern or southern border of the United States but are overstaying visas. Thus, the imaginary that often wraps around these questions is disconnected from the reality of authorized and unauthorized immigration in the United States. The Walls Within: The Politics of Immigration in Modern America works to clarify our current situation and how we ended up where we are, while also explaining the policies and actions that were put into place along the way and how those policies and actions shape the actual immigration landscape in the U.S.Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-host of the New Books in Political Science channel at the New Books Network. She is co-editor of The Politics of the Marvel Cinematic Universe (University Press of Kansas, 2022), as well as co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). She can be reached @gorenlj.bsky.social Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ownership of Knowledge: Beyond Intellectual Property (MIT Press, 2023) provides a framework for knowledge ownership that challenges the mechanisms of inequality in modern society.Scholars of science, technology, medicine, and law have all tended to emphasize knowledge as the sum of human understanding, and its ownership as possession by law. Breaking with traditional discourse on knowledge property as something that concerns mainly words and intellectual history, or science and law, Dagmar Schäfer, Annapurna Mamidipudi, and Marius Buning propose technology as a central heuristic for studying the many implications of knowledge ownership.Toward this end, they focus on the notions of knowledge and ownership in courtrooms, workshops, policy, and research practices, while also shedding light on scholarship itself as a powerful tool for making explicit the politics inherent in knowledge practices and social order. The book presents case studies showing how diverse knowledge economies are created and how inequalities arise from them. Unlike scholars who have fragmented this discourse across the disciplines of anthropology, sociology, and history, the editors highlight recent developments in the emerging field of the global history of knowledge—as science, as economy, and as culture. The case studies reveal how notions of knowing and owning emerge because they reciprocally produce and determine each other's limits and possibilities; that is, how we know inevitably affects how we can own what we know; and how we own always impacts how and what we are able to know.Jen Hoyer is Technical Services and Electronic Resources Librarian at CUNY New York City College of Technology. Jen edits for Partnership Journal and organizes with the TPS Collective. She is co-author of What Primary Sources Teach: Lessons for Every Classroom and The Social Movement Archive. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law