New Books in Law

What is the best way to achieve societal harmony in a place in which groups of people with different identities are living together. Should minority groups be given exemptions from general policies and laws or is it better to say majority privilege should be removed by finding solutions in which the law applies equally to the minority and the majority. Owen Bennett Jones was joined by co-authors Peter Balint and Patti Lenard who have discussed these issues in Debating Multiculturalism: Should There be Minority Rights? (Oxford UP, 2022).Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Frans Camphuijsen explored records from the law courts of York, Paris, and Utrecht and used them as a base for Scripting Justice in Late Medieval Europe: Legal Practice and Communication in the Law Courts of Utrecht, York, and Paris (Amsterdam University Press, 2022). Late medieval societies witnessed the emergence of a particular form of socio-legal practice and logic, focused on the law court and its legal process. In a context of legal pluralism, courts tried to carve out their own position by influencing people's conception of what justice was and how one was supposed to achieve it. These "scripts of justice" took shape through a range of media, including texts, speech, embodied activities and the spaces used to perform all these. Looking beyond traditional historiographical narratives of state building or the professionalization of law, this book argues that the development of law courts was grounded in changing forms of multimedial interaction between those who sought justice and those who claimed to provide it. Through a comparative study of three markedly different types of courts, it involves both local contexts and broader developments in tracing the communication strategies of these late medieval claimants to socio-legal authority.Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Should everyone have privacy in their personal lives? Can privacy exist in a public place? Is there a right to be left alone, even in the United States?The battle between an individual’s right to privacy and the public’s right to know has been fought for centuries. You may be surprised to realize that the original framers were sensitive to the importance of privacy interests relating to sexuality and intimate life, but mostly just for the powerful and the privileged.The founders demanded privacy for all the wrong press-quashing reasons. Supreme Court jus­tice Louis Brandeis famously promoted First Amend­ment freedoms but argued strongly for privacy too; and presidents from Thomas Jefferson through Don­ald Trump confidently hid behind privacy despite the public interest in their lives.Today privacy seems simultaneously under siege and surging. And that’s doubly dangerous, as author Amy Gajda argues. Too little privacy leaves ordinary people vulnerable to those who deal in and publish soul-crushing secrets. Too much means the famous and infamous can cloak themselves in secrecy and dodge accountability. Seek and Hide: The Tangled History of the Right to Privacy (Viking, 2022) carries us from the very start, when privacy concepts first entered American law and society, to now, when the law al­lows a Silicon Valley titan to destroy a media site like Gawker out of spite. Muckraker Upton Sinclair, like Nellie Bly before him, pushed the envelope of privacy and propriety and then became a privacy advocate when journalists used the same techniques against him. By the early 2000s we were on our way to today’s full-blown crisis in the digital age, worrying that smartphones, webcams, basement publishers, and the forever internet had erased privacy completely.Renee Garfinkel, Ph.D. is a psychologist, writer, Middle East television commentator and host of The New Books Network’s Van Leer Jerusalem Series on Ideas. Write her at reneeg@vanleer.org.il. She's on Twitter @embracingwisdom. She blogs here. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

There's a strong chance that chair you are sitting on was made from stolen lumber. In Tree Thieves: Crime And Survival In North America's Woods (Little, Brown Spark, 2022), Lyndsie Bourgon takes us deep into the underbelly of the illegal timber market. As she traces three timber poaching cases, she introduces us to tree poachers, law enforcement, forensic wood specialists, the enigmatic residents of former logging communities, environmental activists, international timber cartels, and indigenous communities along the way.Old-growth trees are invaluable and irreplaceable for both humans and wildlife, and are the oldest living things on earth. But the morality of tree poaching is not as simple as we might think: stealing trees is a form of deeply rooted protest, and a side effect of environmental preservation and protection that doesn't include communities that have been uprooted or marginalized when park boundaries are drawn. As Bourgon discovers, failing to include working class and rural communities in the preservation of these awe-inducing ecosystems can lead to catastrophic results.Featuring excellent investigative reporting, fascinating characters, logging history, political analysis, and cutting-edge tree science, Tree Thieves takes readers on a thrilling journey into the intrigue, crime, and incredible complexity sheltered under the forest canopy.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On August 6, 2020, the Trump Administration issued a ban on TikTok in the United States, requiring that the owner, Beijing-based Bytedance, sell the company to American investors or shut it down. Legions of TikTokers were devastated at the possible loss of their beloved platform, and for what: a political grudge with China? American suitors like Walmart and Oracle tried to make a deal with Bytedance to keep the platform operating in the US. But then something curious happened. The Chinese government refused to let Bytedance sell TikTok on national security grounds. As it turns out, the pandemic era platform for dance challenges is a Chinese government asset.As digital technologies and social media have evolved into organizing forces for the way in which we conduct our work and social lives, the business logic that undergirds these digital platforms has become clear: we are their product. We give these businesses information about everything--from where we live and work to what we like to do for entertainment, what we consume, where we travel, what we think politically, and with whom we are friends and acquaintances. We do this willingly, but often without a full understanding of how this information is stored or used, or what happens to it when it crosses international boundaries. As Aynne Kokas argues, both corporations and governments traffic much of this data without our consent--and sometimes illegally--for political and financial gain.In Trafficking Data: How China Is Winning the Battle for Digital Sovereignty (Oxford UP, 2022), Aynne Kokas looks at how technology firms in the two largest economies in the world, the United States and China, have exploited government policy (and the lack thereof) to gather information on citizens, putting US national security at risk. Kokas argues that US government leadership failures, Silicon Valley's disruption fetish, and Wall Street's addiction to growth have fuelled China's technological goldrush. In turn, American complacency yields an unprecedented opportunity for Chinese firms to gather data in the United States and quietly send it back to China, and by extension, to the Chinese government. Drawing on years of fieldwork in the US and China and a large trove of corporate and policy documents, Trafficking Data explains how China is fast becoming the global leader in internet governance and policy, and thus of the data that defines our public and private lives.Peter Lorentzen is economics professor at the University of San Francisco. He heads USF's Applied Economics Master's program, which focuses on the digital economy. His research is mainly on China's political economy. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Experimentation on animals—particularly humans—is often assumed to be a uniquely modern phenomenon. But the ideas and attitudes that encourage biological and medical scientists to experiment on living creatures date from the earliest expressions of Western thought. In Experimenting with Humans and Animals: From Aristotle to CRISPR (Johns Hopkins UP, 2022) (Johns Hopkins UP), Anita Guerrini looks at the history of these practices and examines the philosophical and ethical arguments that justified them.Guerrini discusses key historical episodes in the use of living beings in science and medicine, including the discovery of blood circulation, the development of smallpox and polio vaccines, and recent research in genetics, ecology, and animal behavior. She also explores the rise of the antivivisection movement in Victorian England, the modern animal rights movement, and current debates over gene therapy and genetically engineered animals. We learn how perceptions and understandings of human and animal pain have changed; how ideas of class, race, and gender have defined the human research subject; and that the ethical values of science seldom stray far from the society in which scientists live and work.Thoroughly rewritten and updated, with new material in every chapter, the book emphasizes a broader understanding of experimentation and adds material on gene therapy, self-experimentation, and prisoners and slaves as experimental subjects. A new chapter brings the story up to the present while reflecting on the current regulatory scene, new developments in science, and emerging genomics. Experimenting with Humans and Animals offers readers a context within which to understand more fully the responsibility we all bear for the suffering inflicted on other living beings in the name of scientific knowledge.Anita Guerrini is a historian of science and medicine, recently retired as Horning Professor in the Humanities at Oregon State University, where she's been since 2008. Before that she was a professor of History and Environmental Studies at the University of California, Santa Barbara. She was educated at Connecticut College and Oxford University and received a Ph.D. in History and Philosophy of Science from Indiana University.Callie Smith is a poet and a PhD candidate in English at the University of Louisiana at Lafayette. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A few big companies are selling information about us to governments and companies. But beyond a general sense of unease, what do we need to know about this and what do we need to do about it? Professor Sarah Lamdan gives answers to those questions in her book Data Cartels: The Companies that Control and Monopolise our Information (Stanford UP, 2022). Listen to her conversations with Owen Bennett Jones.Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The contemporary internet's de facto business model is one of surveillance. Browser cookies follow us around the web, Amazon targets us with eerily prescient ads, Facebook and Google read our messages and analyze our patterns, and apps record our every move. In Profit over Privacy: How Surveillance Advertising Conquered the Internet (U Minnesota Press, 2021), Matthew Crain gives internet surveillance a much-needed origin story by chronicling the development of its most important historical catalyst: web advertising.The first institutional and political history of internet advertising, Profit over Privacy uses the 1990s as its backdrop to show how the massive data-collection infrastructure that undergirds the internet today is the result of twenty-five years of technical and political economic engineering. Crain considers the social causes and consequences of the internet's rapid embrace of consumer monitoring, detailing how advertisers and marketers adapted to the existential threat of the internet and marshaled venture capital to develop the now-ubiquitous business model called "surveillance advertising." He draws on a range of primary resources from government, industry, and the press and highlights the political roots of internet advertising to underscore the necessity of political solutions to reign in unaccountable commercial surveillance.The dominant business model on the internet, surveillance advertising is the result of political choices--not the inevitable march of technology. Unlike many other countries, the United States has no internet privacy law. A fascinating prehistory of internet advertising giants like Google and Facebook, Profit over Privacy argues that the internet did not have to turn out this way and that it can be remade into something better.Peter C. Kunze is a visiting assistant professor of communication at Tulane University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The United States imprisons a higher proportion of its population than any other nation. Mass Incarceration Nation offers a novel, in-the-trenches perspective to explain the factors - historical, political, and institutional - that led to the current system of mass imprisonment. Jeffrey Bellin's book Mass Incarceration Nation: How the United States Became Addicted to Prisons and Jails and How it Can Recover (Cambridge UP, 2022) examines the causes and impacts of mass incarceration on both the political and criminal justice systems. With accessible language and straightforward statistical analysis, former prosecutor turned law professor Jeffery Bellin provides a formula for reform to return to the low incarceration rates that characterized the United States prior to the 1970s.Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Is Marx relevant today, after the collapse of communism in Eastern Europe? Is Marx’s political theory compatible with individual rights? You will be surprised to learn that the answers are yes and yes. Revisiting Marx’s Critique of Liberalism: Rethinking Justice, Legality and Rights (Palgrave Macmillan, 2021) offers a theoretical reconstruction of Karl Marx’s new materialist understanding of justice, legality, and rights through the vantage point of his widely invoked but generally misunderstood critique of liberalism. Igor Shoikhedbrod begins his book by reconstructing Marx’s conception of justice and rights through close textual interpretation and extrapolation. The central thesis of the book is, firstly, that Marx regards justice as an essential feature of any society, including the emancipated society of the future; and secondly, that standards of justice and right undergo transformation throughout history. In our discussion, the author tracks the enduring legacy of Marx’s critique of liberal justice by examining how Marx still speaks to our time. The Marx that emerges from this book is therefore a thoroughly modern thinker whose insights shed valuable light on some of the most pressing challenges confronting liberal democracies today. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law