New Books in Law

In Law and the Economy in a Young Democracy: India 1947 and Beyond (University of Chicago Press, 2022), Dr. Tirthankar Roy and Dr. Anand Swamy present an essential history of India’s economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. They argue that “colonial rule left India a highly unequal society with a complicated structure of land rights, a slow and dysfunctional legal system, and a state that was all powerful in some areas.”Economists have long lamented how the inefficiency of India’s legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly.Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Dr. Roy and Dr. Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. They conclude that “the weaknesses of the legal framework were probably not the binding constraint on growth” and that “at least in the short-term, the Indian economy will have to develop in spite of its legal system.”Weaving the story of India’s heralded economic transformation with its social and political history, Dr. Roy and Dr. Swamy show how inadequate legal infrastructure has been a key impediment to the country’s economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India’s current crossroads—and the factors that may keep its dreams unrealized.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

Griffin Hardy is the Communications Director for Ministry Against the Death Penalty, founded by Sister Helen Prejean, author of Dead Man Walking. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Chained to History: Slavery and US Foreign Relations to 1865 (Cornell University Press, 2022), Dr. Steven J. Brady places slavery at the centre of the story of America's place in the world in the years prior to the calamitous Civil War. Beginning with the immediate aftermath of the War of the American Revolution, Brady follows the military, economic, and moral lines of the diplomatic challenges of attempting to manage, on the global stage, the actuality of human servitude in a country dedicated to human freedom.Dr. Brady argues that “slavery was defined by policymakers and laypeople alike as central to US interactions with four continents—whether for good or bad. America’s security, prosperity, and geographical and political reach were all connected, in one way or another, with bonded labour. It is no surprise, then, that Americans looked on, and conducted, their relations with the world with a conviction that slavery was central to the nation’s international role.” He argues that this mindset around the centrality of American slavery therefore “forced the United States to act in the international sphere in ways that it otherwise would not have, and to interact with the Atlantic world in a more dynamic way than its leaders might have preferred.”Dr. Brady highlights the limitations placed on American policymakers who, working in an international context increasingly supportive of abolition, were severely constrained regarding the formulation and execution of preferred policy. Policymakers were bound to the slave interest based in the Democratic Party and the tortured state of domestic politics bore heavily on the conduct of foreign affairs. As international powers not only abolished the slave trade but banned human servitude as such, the American position became untenable.The book argues that the “proclivity of slavery to enmesh the nation with the wider world in unwanted ways was manifested again and again throughout the time period up to 1865. From vainly seeking the return of escaped slaves under President George Washington to the failed attempts of President Abraham Lincoln to settle their freed brethren somewhere—anywhere—else, one sees the real limits placed on the nation’s ability to shape and implement a consistent foreign policy…. Slavery was not the only factor that contributed to this frustration of American aims to conduct a largely unilateralist foreign policy in its early years. Nor was it the only reason why America frequently found itself unable to achieve its foreign relations goals. But it was among the most significant reasons.”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

Everyone knows that democracy is in trouble, but do we know what democracy actually is? Jan-Werner Müller, author of the widely translated and acclaimed What Is Populism?, takes us back to basics in Democracy Rules (Farrar, Straus and Giroux, 2021). In this short, elegant volume, he explains how democracy is founded not just on liberty and equality, but also on uncertainty. The latter will sound unattractive at a time when the pandemic has created unbearable uncertainty for so many. But it is crucial for ensuring democracy's dynamic and creative character, which remains one of its signal advantages over authoritarian alternatives that seek to render politics (and individual citizens) completely predictable.Müller shows that we need to re-invigorate the intermediary institutions that have been deemed essential for democracy's success ever since the nineteenth century: political parties and free media. Contrary to conventional wisdom, these are not spent forces in a supposed age of post-party populist leadership and post-truth. Müller suggests concretely how democracy's critical infrastructure of intermediary institutions could be renovated, re-empowering citizens while also preserving a place for professionals such as journalists and judges. These institutions are also indispensable for negotiating a democratic social contract that reverses the secession of plutocrats and the poorest from a common political world.Jan-Werner Müller is Professor of Politics at Princeton University.Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Scholars Heather Hlavka (Marquette University) and Sameena Mulla (Emory University) have written a new book that examines and interrogates the place and space of the courtroom, the use of expertise, especially scientific expertise, in the adjudicative process, and how this all intersects with race and gender in cases of sexual assault. Bodies in Evidence: Race, Gender, and Science in Sexual Assault Adjudication (NYU Press, 2021) is the result of a long-term ethnographic study of sexual assault cases in the city of Milwaukee, and how those cases, as they come through the legal system, re-animate cultural narratives and re-inscribe the authority associated with law courts and the legal system itself. A key focus of the research was in examining the ways in which medicolegal and forensic evidence was used in the trial process, and how the reliance on these scientific resources and those who narrate and explain these dimensions of evidence and information are often set in contrast with the experiences of the victim-witnesses in sexual assault cases.Hlavka and Mulla, and their team of students and research assistants, spent more than five years in the Milwaukee County Courthouse, sitting in at all aspects of the trial process, from jury selection to the trial itself, and more. During this time, all of the researchers observed the dynamics around how victims and victim-witnesses were assessed based on their class, race, virtue, gender, and how their very bodies were re-visited during the course of the evidence presentment. This analysis was seen in contrast to the approach to “expert” testimony in the form of medical professionals, forensic professionals, police, and legal professionals. Key points that come through the research, and thus through the book, note how the racialize and gendered narratives are clear within the interactions in the courtroom, but these dynamics do not generally come through in trial transcripts, opinions, or the judicial record of a case. Thus, the deeply lopsided racial dynamics of the courtroom are not clear in the written record but are starkly clear within the walls of the courtroom.Bodies in Evidence: Race, Gender, and Science in Sexual Assault Adjudication is a multi-layered, multi-method examination of how the judicial system, in context of sexual assault adjudication, does not, in fact, achieve what might be a just outcome in many situations. The adversarial legal system in the United States does not generally assist the communities that are often broken by this very process. Hlavka and Mulla also suggest that the investment in and use of forensic and scientific evidence has not, in fact, shifted the outcomes in these kinds of cases. Bodies in Evidence will be of interest to a great many readers, from a host of different perspectives and disciplines.Lilly J. Goren is 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

Here is a fun quiz question. What distinction does Charles Carroll (1737–1832) hold in American History? Answer: he was the longest-surviving signer of the Declaration of Independence and the only Catholic to have signed it.And therein lies a tale of religious prejudice against Catholics and the ingenious and determined efforts over decades of leaders like Carroll and the founding family of Maryland, the Calverts, to prove their devotion to their country while not compromising on the tenets of their faith.In his fascinating 2021 book, Our Dear-Bought Liberty: Catholics and Religious Toleration in Early America (Harvard UP, 2021), Michael D. Breidenbach traces in detail the delicate balance Catholics in the period of roughly 1600-1832 had to maintain in order to secure basic civil and property rights in both Britain and the New World colonies while avoiding excommunication by the pope for swearing oaths to British rulers that often entailed denying certain rights the pope claimed.We read in the book about the crucial importance of the exact wording of a series of oaths crafted and argued about over centuries and the implications of even a slight change to each for the often persecuted Catholic minority on both sides of the Atlantic.A major contribution of this book is its discussion of the conciliar movement (or conciliarism) and its intellectual and political impact on American politicians of the 18th and early 19th centuries. Ranging back to medieval figures and then to John Locke and forward into the early years of the United States as a nation proper, Breidenbach illustrates the difference between religious toleration versus religious liberty and helps us see why the matter of bishops and even church architecture were matters of such contention in the founding era.This is a book not just for Catholics, but for all of us who care about and live under the protection of the First Amendment—and, as Breidenbach makes clear, under this part of Article 6 of the Constitution, “no religious test shall ever be required as a qualification to any office or public trust under the United States.” As we saw during the hearings for Amy Coney Barrett’s initial judicial appointment, this issue and anti-Catholic sentiment live with us still.Our Dear-Bought Liberty: Catholics and Religious Toleration in Early America makes intellectual, legal, religious and political history come alive. It is global history too, given its coverage of all these matters in locales such as Jamaica and Barbados.We see powerful and influential Catholics like the Carrolls (including John Carroll 1735 –1815, the first Roman Catholic bishop and archbishop in the United States) taking both brave public stands and maneuvering tirelessly and shrewdly behind the scenes with non-Catholic allies like James Madison and Benjamin Franklin on behalf of religious liberty. This is a work abounding in insights about heretofore little recognized but crucial players and modes of thinking that made us the freedom-focused country we became.Give a listen.Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this Pandemic Perspectives Podcast, Ideas Roadshow founder and host Howard Burton talks to Samuel Moyn, Henry R. Luce Professor of Jurisprudence and Professor of History at Yale University, about neoliberalism, human rights and what our collective response to the COVID-19 pandemic reveals about our true values.Ideas Roadshow's Pandemic Perspectives Project consists of three distinct, reinforcing elements: a documentary film (Pandemic Perspectives), book (Pandemic Perspectives: A filmmaker's journey in 10 essays) and a series of 24 detailed podcasts with many of the film's expert participants. Visit www.ideasroadshow.com for more details.Howard Burton is the founder of Ideas Roadshow and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nick Enfield’s book, Language vs. Reality: Why Language is Good for Lawyers and Bad for Scientists (MIT Press, 2022), argues that language is primarily for social coordination, not precisely transferring thoughts from one person to another. Drawing on empirical research, Enfield shows that human lexicons the world over are far more coarse-grained than our perceptual faculties. Yet, at the same time, languages vary in the structure and sophistication of their representations. This means that, for instance, how different languages carve up the world influences not only how their speakers talk about the world, but also how they think about it. The book explores a range of linguistic phenomena, from lexical diversity to linguistic framing to the effects of narrative. As a result of understanding how language shapes our understanding of reality, Enfield argues that we can make more informed—and more ethical—decisions about our own language use, as individuals and communities. Malcolm Keating is Assistant Professor of Philosophy at Yale-NUS College. His research focuses on Sanskrit philosophy of language and epistemology. He is the author of Language, Meaning, and Use in Indian Philosophy (Bloomsbury Press, 2019) and host of the podcast Sutras (and stuff). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the modern world, human trafficking and slavery take various forms: one such example is forced labor. But understanding exactly how and where forced labor might occur has been a challenge for researchers and regulatory authorities.In the third episode of our new themed series In Chains, we speak with Dr. Alexis Aronowitz from University College Utrecht, Utrecht, The Netherlands, who is the author of the article, “Regulating business involvement in labor exploitation and human trafficking”.In her article, Dr. Aronowitz has presented various case studies of labor exploitation in the service industry, such as the cocoa industry in sub-Saharan Africa. In this episode, she further talks about how exploitative labor in businesses can be regulated using various approaches. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the fall of 2020, Poland’s Constitutional Tribunal decreed that the country’s near-total ban on abortion was too liberal; henceforth, pregnancies could be terminated only in cases of rape, incest, or imminent threat to the mother’s life. The court’s decision triggered a nationwide Women’s Strike, whose social mobilization galvanized reproductive rights advocacy across Europe.In the wake of the Polish mass protests, and in the context of the COVID-19 pandemic, now is a crucial moment to re-visit anthropologist Joanna Mishtal’s ground-breaking book The Politics of Morality: The Church, the State, and Reproductive Rights in Postsocialist Poland (Ohio University Press, 2015). Mishtal recast the decades since communism’s collapse as a time of joint Church-State war on reproductive rights, as well as feminism, which was painted as either a communist legacy or a foreign import. The Politics of Morality examines the contradiction between an emerging democracy on the one hand, and a declining tolerance for women’s rights and political and religious pluralism on the other. Surveillance, control, and abuse of power are persistent themes in this revealing ethnography, which has had an enormous scholarly impact in the study of gender and religion & politics in Eastern Europe, but carries powerful lessons far beyond its immediate field.Piotr H. Kosicki is Associate Professor of History at the University of Maryland, College Park. He is the author of Catholics on the Barricades (Yale, 2018) and editor, among others, of Political Exile in the Global Twentieth Century (with Wolfram Kaiser). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law