New Books in Law

Alastair McClure, an Assistant Professor at the University of Hong Kong, delves into his book on the intertwining of mercy and violence in British India’s criminal law. He explains how colonial discretion was utilized as a tool of governance that managed social hierarchies. The discussion highlights significant events like the trial of Bahadur Shah II and nationalists like Tilak and Gandhi, who used the state's mercy to challenge colonial authority. McClure links these historical practices to contemporary legal systems, emphasizing their lasting impact on justice.

Across the globe, democracy is in crisis - in the UK alone, it has been rocked by Brexit, the pandemic and successive attempts by governments to bypass legal norms. But how did this happen, and where might we go from here? Jonathan Sumption cuts through the political noise with acute analysis of the state of democracy today - from the vulnerabilities of international law to the deepening suppression of democracy activism in Hong Kong, and from the complexities of human rights legislation to the defence of freedom of speech. Timely, incisive and wholly original, Challenges of Democracy: And the Rule of Law (Profile Books, 2026) applies the brilliance of 'the cleverest man in Britain' to the most urgent and far-reaching political issue of our day. Jonathan Sumption is a British judge and historian, who served as a Supreme Court Justice for six years. He is the author of the Sunday Times Bestseller Trials of the State, Law in a Time of Crisis, and Divided Houses, which won the 2009 Wolfson History Prize. Charles Coutinho, PH. D., Associate Fellow of the Royal Historical Society, received his doctorate from New York University. His area of specialization is 19th and 20th-century European, American diplomatic and political history. He has written for Chatham House’s International Affairs, the Institute of Historical Research's Reviews in History and the University of Rouen's online periodical Cercles. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

With rigorous scrutiny and deep care, Robin Hansen's Prison Born: Incarceration and Motherhood in the Colonial Shadow (U Regina Press, 2024) offers crucial insight into the intersections of ongoing colonial harms facing Indigenous mothers in Canada. Building from an unplanned call to Hansen from a pregnant, incarcerated Indigenous woman in 2016, Prison Born highlights how custodial prison sentences cause discriminatory and swift harm—automatically separating mothers from their children, immediately after birth. Using Access to Information requests along with extensive research, Hansen examines the legal rights of these women—the majority of whom are Indigenous—and finds that Jacquie and her son are by no means alone: automatic mother-infant separation without due process remains the norm in most jurisdictions in Canada. Prison Born calls attention to the colonial and gendered assumptions that continue to underpin the legal system—assumptions that so frequently lead to the violation of the rights and denial of personhood for children and their mothers. Robin Hansen is an Associate Professor in the Faculty of Law at the University of Saskatoon. Her research focuses on legal personhood; public and private international law; and systems theory of law.Rine Vieth is an FRQ Postdoctoral Fellow at Université Laval. They are currently studying how anti-gender mobilization shapes migration policy, particularly in regards to asylum determinations in the UK and Canada. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

During the mid-1930s, Germans opposed to Adolf Hitler had only a limited range of options available to them for resisting the Nazi regime. One of the most creative and successful challengers in this effort was Ernst Fraenkel, who as an attorney sought to use the law as a means of opposing Nazi oppression. In Legal Sabotage: Ernst Fraenkel in Hitler’s Germany (Cambridge University Press, 2020), Douglas G. Morris describes the ways in which Frankel stood up to the Nazis and what understandings he drew from that experience. As a veteran of the First World War, Fraenkel survived the initial purge resulting from the implementation of measures designed to bar Jews from practicing law in the Third Reich. Though his legal practice suffered, Fraenkel persisted in defending people prosecuted by the Nazis, and enjoyed success in a number of cases. While the increased restrictions and growing reach of the police state ultimately forced Fraenkel to emigrate in 1938, his experiences as a lawyer played a major role in the development of the “dual state” theory of dictatorship, the only analysis of totalitarianism written from within Nazi Germany and the cornerstone of Fraenkel’s contributions to the field of political science. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

During the mid-1930s, Germans opposed to Adolf Hitler had only a limited range of options available to them for resisting the Nazi regime. One of the most creative and successful challengers in this effort was Ernst Fraenkel, who as an attorney sought to use the law as a means of opposing Nazi oppression. In Legal Sabotage: Ernst Fraenkel in Hitler’s Germany (Cambridge University Press, 2020), Douglas G. Morris describes the ways in which Frankel stood up to the Nazis and what understandings he drew from that experience. As a veteran of the First World War, Fraenkel survived the initial purge resulting from the implementation of measures designed to bar Jews from practicing law in the Third Reich. Though his legal practice suffered, Fraenkel persisted in defending people prosecuted by the Nazis, and enjoyed success in a number of cases. While the increased restrictions and growing reach of the police state ultimately forced Fraenkel to emigrate in 1938, his experiences as a lawyer played a major role in the development of the “dual state” theory of dictatorship, the only analysis of totalitarianism written from within Nazi Germany and the cornerstone of Fraenkel’s contributions to the field of political science. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

International Law and Security in Indo-Pacific: Strategic Design for the Region (Routledge, 2025) edited by Dr. Joanna Siekiera uses an interdisciplinary approach to discuss international law and conflict in the Indo-Pacific region, covering topics such as maritime security, climate change and international relations. Detailing how international relations and particular state interests govern regional and global partnerships, the book provides suggestions for the future of the Indo-Pacific region. Exploring how conflict within the region has international repercussions, topics covered include the role of South-East Asian countries, and the role of statehood of small islands in Oceania. Detailing harmonization of laws and policies in the context of international security and maritime law, the book focuses on the impact of climate change and other topical issues such as cyber security and the protection of cultural identity. The book will be of interest to researchers in the field of international law, law of the sea, international relations and security.Dr. Joanna Siekiera is an expert in international law, NATO consultant, trainer, and educator. She currently works as the Assistant Professor at the War Studies University in Warsaw, Poland. She is also a fellow at the U.S. Marine Corps University in Quantico and supports various military institutions as a legal SME and course facilitator.Stephen Satkiewicz is an independent scholar with research areas spanning Civilizational Sciences, Social Complexity, Big History, Historical Sociology, Military History, War Studies, International Relations, Geopolitics, and Russian and East European history. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I spoke with Senior Fellow at the Centre for Asian Law, University of Georgetown, Dr Yan-ho Lai (Eric) about his book, Legal Resistance under Authoritarianism: The Struggle for the Rule of Law in Hong Kong (Amsterdam UP, 2025). We spoke about the complexities of authoritarian consolidation by Beijing in the Special Administrative Region of Hong Kong, and the role that lawyers have played in defending the rule of law. Uniquely positioned as both a Hong Konger and also an academic now outside Hong Kong, Dr Lai's work draws on some 77 qualitative interviews up to the period when the National Security Law was introduced in 2020. By documenting a unique transitional period in Hong Kong, this book serves as an important counterpoint to the dominant sovereign narrative and gives voice to many who are otherwise unrepresented. However, the learnings are inherently transferable in terms of bringing understanding of the role that lawyers play in defending the rule of law in situations of encroaching authoritarianism.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Negar Mansouri, a postdoctoral researcher at Copenhagen Business School, and Daniel R. Quiroga-Villamarín, a postdoctoral fellow affiliated with NYU, discuss their groundbreaking volume on international organisations. They delve into the limitations of traditional international institutional law, advocating for interdisciplinary approaches and critical perspectives. Key themes include the politicization of expertise, the impact of physical spaces on IO operations, and the interplay between capital and institutional change. Their insights challenge long-held views and aim to transform the field.

Despite increasingly hardened visions of racial difference in colonial governance in French Africa after World War I, interracial sexual relationships persisted, resulting in the births of thousands of children. These children, mostly born to African women and European men, sparked significant debate in French society about the status of multiracial people, debates historians have termed 'the métis problem.' Drawing on extensive archival and oral history research in Gabon, Republic of Congo, Senegal, and France, in Multiracial Identities in Colonial French Africa: Race, Childhood, and Citizenship (Cambridge UP, 2023) Dr. Rachel Jean-Baptiste investigates the fluctuating identities of métis. Crucially, she centres claims by métis themselves to access French social and citizenship rights amidst the refusal by fathers to recognize their lineage, and in the context of changing African racial thought and practice. In this original history of race-making, belonging, and rights, Dr. Jean-Baptiste demonstrates the diverse ways in which métis individuals and collectives carved out visions of racial belonging as children and citizens in Africa, Europe, and internationally. This interview was conducted by Dr. Miranda Melcher whose book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. You can find Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Global Norms and Local Action: The Campaigns to End Violence against Women in Africa (Oxford UP, 2020), Peace A. Medie studies the domestic implementation of international norms by examining how and why two post-conflict states in Africa, Liberia and Côte d'Ivoire, have differed in their responses to rape and domestic violence. Specifically, she looks at the roles of the United Nations and women's movements in the establishment of specialized criminal justice sector agencies, and the referral of cases for prosecution. She argues that variation in implementation in Liberia and Côte d'Ivoire can be explained by the levels of international and domestic pressures that states face and by the favorability of domestic political and institutional conditions. Medie's study is based on interviews with over 300 policymakers, bureaucrats, staff at the UN and NGOs, police officers, and survivors of domestic violence and rape — an unprecedented depth of research into women's rights and gender violence norm implementation in post-conflict countries. Furthermore, through her interviews with survivors of violence, Medie explains not only how states implement anti-rape and anti-domestic violence norms, but also how women experience and are affected by these norms. She draws on this research to recommend that states adopt a holistic approach to addressing violence against women.Peace A. Medie is an award-winning scholar and a writer. She is associate professor in politics at the University of Bristol. She studies state and non-state actors’ responses to gender-based violence and other forms of insecurity in countries in Africa. She is author of ‘Global Norms and Local Action: The Campaigns to End Violence Against Women in Africa’ (OUP 2020). Her debut novel, His Only Wife, was a New York Times Notable Book of 2020 and a Time Magazine Must-Read Book of 2020. Her second novel, Nightbloom, will be published in June 2023.Lamis Abdelaaty is an associate professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu or tweet to @LAbdelaaty. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law