New Books in Public Policy

In his new book Why Should We Obey the Law? (Polity Press, 2018), George Klosko, the Henry L. and Grace Doherty Professor of Politics at the University of Virginia, has provided an introduction to the competing theories behind why people should obey the law. What Klosko refers to as “political obligations” exist in all societies, but he seeks to reveal the different justifications for such obligations in modern liberal democracies and republics. He reviews the reasons behind theories such as consent, consequentialism, and fairness, all of which have specific inadequacies for justifying broad, society-wide political obligations. Klosko also reviews his own preferred theory: multiple-principle theory, which he describes as a common-sensical approach to why we should obey the law.Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

Many people think prisons are all the same-rows of cells filled with violent men who officials rule with an iron fist. Yet, life behind bars varies in incredible ways. In some facilities, prison officials govern with care and attention to prisoners' needs. In others, officials have remarkably little influence on the everyday life of prisoners, sometimes not even providing necessities like food and clean water. Why does prison social order around the world look so remarkably different? In The Puzzle of Prison Order: Why Life Behind Bars Varies Around the World (Oxford UP, 2020), David Skarbek develops a theory of why prisons and prison life vary so much. He finds that how they're governed-sometimes by the state, and sometimes by the prisoners-matters the most. He investigates life in a wide array of prisons-in Brazil, Bolivia, Norway, a prisoner of war camp, England and Wales, women's prisons in California, and a gay and transgender housing unit in the Los Angeles County Jail-to understand the hierarchy of life on the inside. Drawing on economics and a vast empirical literature on legal systems, Skarbek offers a framework to not only understand why life on the inside varies in such fascinating and novel ways, but also how social order evolves and takes root behind bars. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

After a cascade of failures left residents of Flint, Michigan, without a reliable and affordable supply of safe drinking water, citizens spent years demanding action from their city and state officials. Complaints from the city's predominantly African American residents were ignored until independent researchers confirmed dangerously elevated blood lead levels among Flint children and in the city's tap water. Despite a 2017 federal court ruling in favor of Flint residents who had demanded mitigation, those efforts have been incomplete at best.Assessing the challenges that community groups faced in their attempts to advocate for improved living conditions, Tainted Tap: Flint's Journey from Crisis to Recovery (UNC Press, 2021) offers a rich analysis of conditions and constraints that created the Flint water crisis. Katrinell Davis contextualizes the crisis in Flint's long and troubled history of delivering essential services, the consequences of regional water-management politics, and other forms of systemic neglect that impacted the working-class community's health and well-being. Using ethnographic and empirical evidence from a range of sources, Davis also sheds light on the forms of community action that have brought needed changes to this underserved community. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

The laws that govern psychiatric treatment under coercion have remain largely unchanged since the eighteenth century. But this is not because of their effectiveness, rather, these laws cling to outdated notions of disability, mental illness and mental disorder why deny the fundamental rights of this category of people on an equal basis with all others. In Men in White Coats: Treatment Under Coercion (Oxford University Press, 2017) Professor George Szmukler examines the violation of these rights, such as the right to autonomy, self-determination, liberty, and security and integrity of the person in the context of the domestic laws which themselves perpetuate ongoing discrimination against people with mental impairments.Tracing first the history of the medical coercion and involuntary treatment of people with mental illnesses and mental disorders, Professor Szmukler offers a potential path which he argues would end discrimination against this category of people. He puts forward a legal framework which is non-discriminatory and is based on a person's decision-making abilities and best interests, as opposed to a diagnosis. Crucially, he argues that this law is generic, and would not apply by reason of a person's mental disorder. His solution - Fusion Law - would better support people's autonomy, better engage with the Convention on the Rights of Persons with Disabilities, and have significant social value by recognising the dignity and equality of people with mental health impairments. It would also have implications for the forensics system, in particular, with regards to defendants who have mental disorders. Professor George Szmukler is a psychiatrist who started practising in the field as a trainee in 1972. He retired from clinical work in 2012, and is now an Emeritus Professor of Psychiatry and Society at the Institute of Psychiatry, Psychology and Neuroscience at King's college London. His major research now concerns methods of reducing compulsion and ’coercion’ in psychiatric care, for example, through the use of ’advance statements’. A related interest is mental health law, particularly the possibility of generic legislation centred on impaired decision-making capacity which would apply to all persons, regardless of the cause of the underlying disturbance of mental functioning. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

Doctors of the World, also known as Médecins du Monde, is an international network of more than 400 programmes across 80 different countries, providing emergency and long term medical care to the world's most vulnerable people. Whether it's urgent response in the Ukraine, mental healthcare to refugees in Calais, or strengthening the health systems in west Africa, DOTW respond based on the needs of the people they work with. In the UK, Doctors of the World run clinic and advocacy programmes in London that provide medical care, information and practical support to people often excluded from wider society such as destitute migrants, sex workers and people with no fixed abode.Their recent report Left out in the Cold: The extreme unmet health and service needs of street sex workers in East London before and during the Covid-19 pandemic highlights the devastating challenges that street sex workers have in accessing essential healthcare services, resulting in poor health outcomes. Rachel Stuart, one of the report's researchers and authors, spent 18 months speaking to women in Newham, East London, and she talks about the senseless violence and avoidable health issues faced by the women sex working there.Victoria Holt is a PhD student at the University of Roehampton researching sex workers' experiences of domestic violence. I'm co-convenor for the British Sociological Association's Violence Against Women and Girls study group, and a board member for the Sex Work Research Hub. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

An elected politician is assassinated in the street by a terrorist associated with extreme political groups, and the national response is to encourage picnics. Thousands of people are held in prison-like conditions without judicial oversight or any time-limit on their sentence. An attempt to re-assert national sovereignty and borders leads thousands of citizens to register for dual citizenship with other countries, some overcoming family associations with genocide in their second country of nationality to do so.This is life in the UK today. How then are things still continuing as 'normal'? How can we confront these phenomena and why do we so often refuse to? What are the practices that help us to accommodate the unconscionable? How might we contend with the horrors that meet us each day, rather than becoming desensitized to them?Violent Ignorance: Confronting Racism and Migration Control (Zed Books, 2021) sets out to examine these questions through an understanding of how the past persists in the present, how trauma is silenced or reappears, and how we might reimagine identity and connection in ways that counter - rather than ignore - historic violence. In particular Hannah Jones shows how border controls and enforcement, and its corollary, racism and violence, have shifted over time. Drawing on thinkers from John Berger to Ben Okri, from Audre Lorde to Susan Sontag, the book questions what it means to belong, and discusses how hierarchies of belonging are revealed by what we can see, and what we can ignore. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

States face choices when people forced to leave their states due to persecution or violence seek refuge. They may assert their sovereignty by either granting or denying entry or they may delegate refugee protection to an international organization. Discrimination and Delegation: Explaining State Responses to Refugees (Oxford UP, 2021) asks “why do states sometimes assert their sovereignty vis-aá-vis refugee rights and at other times seemingly cede it? Dr. Abdelaaty develops a two-part theoretical framework in which policymakers in refugee-receiving countries weigh international and domestic concerts. At the international level, policymakers consider relations with the refugee-sending country. At the domestic level policymakers consider political competition among ethnic groups. When these international and domestic incentives conflict, shifting responsibility to the UN allows policymakers to placate both refugee-sending countries and domestic constituencies. In short, foreign policy and ethnic identity shapes states’ reactions to refugees.Dr. Lamis Abdelaaty is an Assistant Professor of Political Science at the Maxwell School of Syracuse University, and Senior Research Associate at the Campbell Public Affairs Institute. Her interests include international relations, human rights and humanitarianism, and asylum and migration. In forthcoming research for the International Journal of Human Rights, she provides a statistical analysis on the relationship between government respect for human rights and treatment of refugees. Daniella Campos assisted with this podcast.Susan Liebell is an associate professor of political science at Saint Joseph’s University in Philadelphia. Why Diehard Originalists Aren’t Really Originalists appeared in the Washington Post’s Monkey Cage and “Sensitive Places: Originalism, Gender, and the Myth Self-Defense in District of Columbia v. Heller” can be found in July 2021’s Polity. Email her comments at sliebell@sju.edu or tweet to @SusanLiebell. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

At a time when trust in the media is low and "news deserts" are increasing across the United States, engaged journalism offers a framework for connecting people, community organizations, and news organizations in ways that aim to rebuild trust and ensure that news coverage is inclusive and representative of the entire community. Andrea Wenzel's book Community-Centered Journalism: Engaging People, Exploring Solutions, and Building Trust (University of Illinois Press, 2020) offers useful case studies of how media outlets across the country are breaking down silos and reaching new audiences in innovative ways. The book also explores how emerging fields like engagement journalism and solutions journalism require rethinking previously-held industry norms around objectivity and the relationship between reporters and the people they cover. Envisioning a portable, rather than scalable, process, Wenzel proposes a community-centered journalism that, once implemented, will strengthen lines of local communication and reinvigorate civic participation.Andrea Wenzel is an assistant professor of journalism, media, and communications at Temple University. Jenna Spinelle is a journalism instructor at Penn State and host of the Democracy Works podcast. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

Francine Tremblay's book Organizing for Sex Workers’ Rights in Montréal: Resistance and Advocacy (Lexington Books, 2020) is based on a case study about Stella, l’amie de Maimie a Montréal sex workers' rights organization, founded by and for sex workers. It explores how a group of ostracized female-identified sex workers transformed themselves into a collective to promote the health and well-being of women working in the sex industry. Weighed down by the old and tenacious whore symbol, the sex workers at Stella had to find a way to navigate the criminality of sex work and sex workers, in order to do advocacy and support work, and create safer spaces for sex workers to engage in such advocacy. This book focuses on sex workers, but the advocacy challenges and strategies it outlines can also apply to the lives of other marginalized groups who are often ignored, pitied, or reviled, but who are seldom seen as fully human. Listeners may also be interested in this article by Tromblay and a report for The Doctors of The World.Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

In Animals as Legal Beings: Contesting Anthropocentric Legal Orders (University of Toronto Press, 2021), Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness."In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems.Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy.Akash Ondaatje is a historical researcher focusing on the interconnected lives of humans and animals. He studied at McGill University (B.A. History) and Queen’s University (M.A. History), where he researched human-animal relations and transatlantic exchanges in eighteenth-century British culture through his thesis, Animal Ascension: Elevation and Debasement Through Human-Animal Associations in English Satire, 1700-1820 (https://qspace.library.queensu.ca/handle/1974/27991). Contact: 17amo2@queensu.ca Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy