New Books in Law

In her new book, Promoting Justice Across Borders: The Ethics of Reform Intervention (Oxford UP, 2021) political scientist Lucia M. Rafanelli develops an ethical theory of global reform intervention, arguing that new theories are necessary as increasing global interconnection continues and expands around the world. Rafanelli classifies global reform intervention as any attempt to promote justice in a society other than one’s own. This loose definition means that there are several variations of these actions: the degree of control held by the interveners; how interveners interact with recipients; existing political institutions; the context surrounding the action, and the risks intervention poses to the recipients of that intervention. Promoting Justice Across Borders argues that there are components within these dimensions that pollute the moral permissibility of reform intervention. Once the malleability of these actions becomes evident, it also becomes clear that there are ethical ways to go about (and not go about) such an action. When studying examples of reform interventions, it is clear that there are some interveners who disrespect and essentially ignore the recipients and treat them with intolerance. But not all interveners treat recipients this way, many treat the recipients of intervention with respect for the legitimate political institutions, working to establish collective self-determination, thus providing a blueprint for moral action. It is through these particular examples that Rafanelli creates an ethical framework through which reform intervention is analyzed with the goal of global justice.Promoting Justice Across Borders combines philosophical analysis of justice and morality with a case-by-case investigation of real-life events, in an attempt to identify which kinds of reform intervention are not subject to ethical objection. The analysis redefines the ordinary boundaries of global politics with the values of toleration, legitimacy, and collective self-determination. Rafanelli explains how vital it is for interveners to avoid subjecting recipients to neocolonial power dynamics or making their institutions more responsive to the intervener’s interests at the expense of the recipient’s interests in order to maintain this framework of global collectivism. A qualification of reform intervention is not to undermine the self-determination of the recipients; in fact, it may bolster it and re-affirm the recipient’s independence in the name of justice. Promoting such justice, unfortunately, takes place in a non-ideal world, and Rafanelli discusses how these theories can be put into practice in this context. To prevent negative consequences from the most well-principled interventions, diverse global oversight of such actions is an important component of the process, as well as ensuring that interveners favor interventions where they exert less rather than more control over recipients. Priority must be given to interventions that challenge current and historical power hierarchies. Humanity’s collective purpose of pursuing justice can be reshaped and better applied according to the analysis in Promoting Justice Across Borders, but the approach and process needs to be reconfigured to avoid reinscribing past problematic applications of these reform interventions.Emma R. Handschke assisted in the production of this podcast.Lilly J. Goren is a 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

Dr. Adam Hanna’s Poetry, Politics, and the Law in Modern Ireland (Syracuse University Press, 2022) is a richly detailed exploration of how modern Irish poetry has been shaped by, and responded to, the laws, judgments, and constitutions of both of the island’s jurisdictions.Focusing on poets’ responses in their writing to such contentious legal issues as partition, censorship, paramilitarism, and the curtailment of women’s reproductive and other rights, this volume is the first in the growing field of law and literature to monograph exclusively on modern Ireland. Dr. Hanna unpacks the legal engagements of both major and non-canonical poets from every decade between the 1920s and the present day, including Rhoda Coghill, Austin Clarke, Paul Durcan, Elaine Feeney, Miriam Gamble, Seamus Heaney, Thomas Kinsella, Paula Meehan, Julie Morrissy, Doireann Ní Ghríofa, and W. B. Yeats.Poetry from the time of independence onward has been shaped by two opposing forces. On the one hand, the Irish public has traditionally had strong expectations that poets offer a dissenting counter-discourse to official sources of law. On the other hand, poets have more recently expressed skepticism about the ethics of speaking for others and about the adequacy of art in performing a public role. Dr. Hanna’s fascinating study illuminates the poetry that arises from these antithetical modern conditions.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

Situated at the intersection of law and literature, nineteenth-century studies and post-colonialism, Colonial Law in India and the Victorian Imagination (Cambridge UP, 2021) draws on original archival research to shed new light on Victorian literature. Each chapter explores the relationship between the shared cultural logic of law and literature, and considers how this inflected colonial sociality. Leila Neti approaches the legal archive in a distinctly literary fashion, attending to nuances of voice, character, diction and narrative, while also tracing elements of fact and procedure, reading the case summaries as literary texts to reveal the common turns of imagination that motivated both fictional and legal narratives. What emerges is an innovative political analytic for understanding the entanglements between judicial and cultural norms in Britain and the colony, bridging the critical gap in how law and literature interact within the colonial arena.Leila Neti is an associate professor of English at Occidental College, Los Angeles.  Gargi Binju is a researcher at the University of Tübingen. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Opportunity Trap: High-Skilled Workers, Indian Families, and the Failures of the Dependent Visa Program (NYU Press, 2022) is the first book to look at the impact of the H-4 dependent visa programs on women and men visa holders in Indian families in America. Comparing two distinct groups of Indian immigrant families -families of male high-tech workers and female nurses-Pallavi Banerjee reveals how visa policies that are legally gender and race neutral in fact have gendered and racialized ramifications for visa holders and their spouses.Drawing on interviews with fifty-five Indian couples, Banerjee highlights the experiences of high-skilled immigrants as they struggle to cope with visa laws, which forbid their spouses from working paid jobs. She examines how these unfair restrictions destabilize-if not completely dismantle-families, who often break under this marital, financial, and emotional stress.Banerjee shows us, through the eyes of immigrants themselves, how the visa process strips them of their rights, forcing them to depend on their spouses and the government in fundamentally challenging ways. The Opportunity Trap provides a critical look at our visa system, underscoring how it fails immigrant families.Lakshita Malik is a doctoral student in the department of Anthropology at the University of Illinois at Chicago. Her work focuses on questions of intimacies, class, gender, and beauty in South Asia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Carl Hart speaks with Kim about America’s punitive drug laws, and how we might change them for the better. He argues that we should legalize and regulate the sale of all drugs, in the same way we regulate the sale of alcohol, to improve the health, equity, and liberty of our society.Dr. Hart is a professor of behavioral neuroscience in the Department of Psychology at Columbia University. You can learn how his scientific research in Neuropsychopharmacology relates to the politics of human experience in his new book Drug Use for Grown-Ups: Chasing Liberty in the Land of Fear (Penguin Random House 2021).Image: Creative CommonsMusic used for promotional material: ‘A Better Tomorrow’ by astrofreq Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Institutional Sexual Abuse in the #metoo Era (Southern Illinois UP, 2021), editors Jason D. Spraitz and Kendra N. Bowen bring together the work of contributors in the fields of criminal justice and criminology, sociology, journalism, and communications. These chapters show #MeToo is not only a support network of victims’ voices and testimonies but also a revolutionary interrogation of policies, power imbalances, and ethical failures that resulted in decades-long cover-ups and institutions structured to ensure continued abuse. This book reveals #MeToo as so much more than a hashtag.Contributors discuss how #MeToo has altered the landscape of higher education; detail a political history of sexual abuse in the United States and the UK; discuss a recent grand jury report about religious institutions; and address the foster care and correctional systems. Hollywood instances are noted for their fear of retaliation among victims and continued accolades for alleged abusers. In sports, contributors examine the Jerry Sandusky scandal and the abuse by Larry Nassar. Advertising and journalism are scrutinized for covering the #MeToo disclosures while dealing with their own scandals. Finally, social media platforms are investigated for harassment and threats of violent victimization.Drawing on the general framework of the #MeToo Movement, contributors look at complex and very different institutions—athletics, academia, religion, politics, justice, childcare, social media, and entertainment. Contributors include revelatory case studies to ensure we hear the victims’ voices; bring to light the complicity and negligence of social institutions; and advocate for systemic solutions to institutional sexual abuse, violence, and harassment.Jeannette Cockroft is an associate professor of history and political science at Schreiner University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The COVID-19 pandemic, Brexit and the US-China trade dispute have heightened interest in the geopolitics and security of modern ports. Ports are where contemporary societal dilemmas converge: the (de)regulation of international flows; the (in)visible impact of globalization; the perennial tension between trade and security; and the thin line between legitimate, illicit and illegal. Applying a multidisciplinary lens to the political economy of port security, Ports, Crime and Security: Governing and Policing Seaports in a Changing World (Bristol UP, 2021) presents a unique outlook on the social, economic and political factors that shape organized crime and governance. Advancing the research agenda, this text bridges the divide between global and local, and theory and practice.Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The civil war in Yemen has going on since 2014. Noria al-Hossini, Communications Director of Mwatana for Human Rights, discusses the war and the numerous human right violations that have occurred and are occurring in it.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode of the New Books in Latin America Studies podcast, Kenneth Sánchez spoke with Dr Francesca Lessa about her interesting new book The Condor Trials: Transnational Repression and Human Rights in South America published in 2022 by the Yale University Press.Stories of transnational terror and justice illuminate the past and present of South America's struggles for human rights. Through the voices of survivors and witnesses, human rights activists, judicial actors, journalists, and historians, Francesca Lessa unravels the secrets of transnational repression masterminded by South American dictators between 1969 and 1981. Under Operation Condor, their violent and oppressive regimes kidnapped, tortured, and murdered hundreds of exiles, or forcibly returned them to the countries from which they had fled. South America became a zone of terror for those who were targeted, and of impunity for those who perpetuated the violence. Lessa shows how networks of justice seekers gradually materialized and effectively transcended national borders to achieve justice for the victims of these horrors. Based on extensive fieldwork, archival research, trial ethnography, and over one-hundred interviews, The Condor Trials explores South America's past and present and sheds light on ongoing struggles for justice as its societies come to terms with the unparalleled atrocities of their not-so-distant pasts.Dr Francesca Lessa is a lecturer in Latin American studies and development at the University of Oxford. She is also the author of Memory and Transitional Justice in Argentina and Uruguay and is an honorary president of the Observatorio Luz Ibarburu (Uruguay), a network of human rights NGOs devoted to the fight against impunity in that country.Kenneth Sanchez is a Peruvian journalist and a multi-platform content curator for the Peruvian media outlet Comité de Lectura. He is a host of the New Books in Latin American Studies podcast and the movies & entertainment podcast Segundo Plano. He holds a master’s degree in Latin American Politics from University College London (UCL), is a Centre for Investigative Journalism masterclass alumni and is part of the 6th generation of Young Journalists of #LaRedLatam of Distintas Latitudes. He has won several awards, including the prestigious Amnesty Media Award given out by Amnesty International UK. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

With me on today’s show is Professor Elizabeth Anker, whose most recent book, Ugly Freedoms (Duke UP, 2022), works to understand how the idea of freedom, seemingly so fundamental to our understanding of the American experience, is often the very concept that allows for the brutal deprivation of the freedom of others. As she writes, “ugly freedom entails a dynamic in which practices of freedom produce harm, brutality, and subjugation as freedom.” Today we will be discussing Professor Anker’s theory of ugly freedom in the context of our unending crisis of gun violence in the United States. This show’s topic feels as essential as any that I have offered thus far. I hope you will find something hopeful in our conversation.Chris Holmes is Chair of Literatures in English and Associate Professor at Ithaca College. He writes criticism on contemporary global literatures. His book, Kazuo Ishiguro as World Literature, is under contract with Bloomsbury Publishing. He is the co-director of The New Voices Festival, a celebration of work in poetry, prose, and playwriting by up-and-coming young writers. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law