New Books in Law

Southern Italy was conquered by the Norman Hauteville dynasty in the late eleventh century after over five hundred years of continuous Byzantine rule. At a stroke, the region's Greek Christian inhabitants were cut off from their Orthodox compatriots in Byzantium and became subject to the spiritual and legal jurisdiction of the Roman Catholic popes. Nonetheless, they continued to follow the religio...

In April 1988, after years of failed negotiations over the status of the Northwest Passage, Brian Mulroney gave Ronald Reagan a globe, pointed to the Arctic, and said "Ron that's ours. We own it lock, stock, and icebergs." A simple statement, it summed up Ottawa's official policy: Canada owns the icy waters that wind their way through the Arctic Archipelago. Behind the scenes, however, successive...

Wolfgang Muller, Marriage Litigation in the Western Church, 1215- 1517 (Cambridge University Press, 2021). From the establishment of a coherent doctrine on sacramental marriage to the eve of the Reformation, late medieval church courts were used for marriage cases in a variety of ways. Ranging widely across Western Europe, including the Upper and Lower Rhine regions, England, Italy, Catalonia, and...

In Escape to the City: Fugitive Slaves in the Antebellum Urban South (UNC Press, 2022), Viola Franziska Müller examines runaways who camouflaged themselves among the free Black populations in Baltimore, Charleston, New Orleans, and Richmond. In the urban South, they found shelter, work, and other survival networks that enabled them to live in slaveholding territory, shielded and supported by their...

This surprising global history of an indispensable document reveals how the passport has shaped art, thought, and human experience while helping to define the modern world. In License to Travel: A Cultural History of the Passport (U California Press, 2022), Patrick Bixby takes the reader on a captivating journey from pharaonic Egypt and Han-dynasty China to the passport controls and crowded refuge...

In histories of enslavement and in Black women's history, coercion looms large in any discussion of sex and sexuality. At a time when sexual violence against Black women was virtually unregulated—even normalized—a vast economy developed specifically to sell the sexual labor of Black women. In Consent in the Presence of Force: Sexual Violence and Black Women's Survival in Antebellum New Orleans (UN...

It is commonly thought that, thanks to globalization, nation-state borders are becoming increasingly porous. In Sorting Machines: The Reinvention of the Border in the 21st Century (Polity, 2022) Steffen Mau shows that this view is misleading: borders are not getting more permeable in the era of globalization, but rather are being turned into powerful sorting machines. Today they fulfill their sepa...

We claim to judge people for what they intentionally do, but accidents often influence our judgments. In our justice systems, people can be harshly and unfairly blamed for bad luck—but in our personal lives, taking on blame isn’t always a bad thing. Guests Fiery Cushman, Professor of Psychology at Harvard University Daniel Statman, Professor of Philosophy at the University of Haifa Learn more abou...

We have been ruled long enough. It is time to govern ourselves. If we are to get past the Constitution and all systems based on constitutions, we need to move past the nation state as the means by which we are governed from above. – Robert Ovetz, We the Elites (2022, p. 167) Written by 55 of the richest white men of early America, and signed by only 39 of them, the constitution is the sacred text...

International criminal justice is, at its core, an anti-atrocity project. Yet just what an 'atrocity' is remains undefined and undertheorized. Randle C. DeFalco's book Invisible Atrocities: The Aesthetic Biases of International Criminal Justice (Cambridge UP, 2022) examines how associations between atrocity commission and the production of horrific spectacles shape the processes through which inte...

What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses? These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meaning...

Ciara Breathnach's book Ordinary Lives, Death, and Social Class: Dublin City Coroner's Court, 1876-1902 (Oxford UP, 2022) focuses on the evolution of the Dublin City Coroner's Court and on Dr Louis A. Bryne's first two years in office. Wrapping itself around the 1901 census, the study uses gender, power, and blame as analytical frameworks to examine what inquests can tell us about the impact of ur...

What does it mean to be a citizen in America in 2017? Guests Danielle Allen, Director of the Edmond J. Safra Center for Ethics and University Professor at Harvard University Erhardt Graeff, PhD candidate at the MIT Media Lab Center for Civic Media Shanelle Matthews, Director of Communications for the Black Lives Matter global network Learn more about your ad choices. Visit megaphone.fm/adchoices S...

In 1956, Alfred Hitchcock focused his lens on an issue that cuts to the heart of our criminal justice system: the risk of wrongful conviction. The result was The Wrong Man, a bracing drama based on the real-life false arrest of Queens musician Christopher “Manny” Balestrero. Manny's ordeal is part of a larger story of other miscarriages of justice in the first half of the twentieth century.  In No...

The National Institute of Health recently announced its plan to retire the fifty remaining chimpanzees held in national research facilities and place them in sanctuaries. This significant decision comes after a lengthy process of examination and debate about the ethics of animal research. For decades, proponents of such research have argued that the discoveries and benefits for humans far outweigh...

In April 2006, The Institute held a two day symposium about copyright and intellectual property, titled Comedies of Fair Use. In this session, Lewis Hyde talks about owning art and ideas. Hyde is a cultural critic and scholar, whose work focuses on the nature of imagination, creativity, and property. He is best known for his books, The Gift: Imagination and the Erotic Life of Property, and Trickst...

Examining infanticide cases in the United States from the late eighteenth to the late nineteenth centuries, Felicity M. Turner's Proving Pregnancy: Gender, Law, and Medical Knowledge in Nineteenth-Century America (UNC Press, 2022) documents how women—Black and white, enslaved and free—gradually lost control over reproduction to male medical and legal professionals. In the first half of the ninetee...

In this episode of High Theory, Alex Hanna talks with Nathan Kim about Ethical AI. Their conversation is part of our High Theory in STEM series, which tackles topics in science, technology, engineering, and medicine from a highly theoretical perspective. In this episode, Alex helps us think about the complicated recipes we call “artificial intelligence” and what we mean when we ask our technologie...

A revolutionary new theory and call to action on animal rights, ethics, and law from the renowned philosopher Martha C. Nussbaum.  Animals are in trouble all over the world. Whether through the cruelties of the factory meat industry, poaching and game hunting, habitat destruction, or neglect of the companion animals that people purport to love, animals suffer injustice and horrors at our hands eve...

By any reasonable metric, prisons as they exist in the United States and in many other countries are normatively unacceptable. What is the proper moral response to this? Can prisons and the practices surrounding incarceration feasibly be reformed, or should the entire enterprise be abolished? If the latter, then what? If the former, what are the necessary reforms? In The Idea of Prison Abolition (...

"History recalls Wallace’s inaugural address as a set piece in the larger drama of defending Southern segregation, which it was. But the speech was about something even more profound, more enduring, even more virulent than segregation. Aside from his infamous “Segregation Forever” slogan, Wallace mentioned “segregation” only one other time that afternoon. In contrast, he invoked “freedom” twenty-f...

Is medical assistance in dying, or MAID letting the government off the hook from providing what they should be providing? Should we respect people's choices on harm reduction grounds, even if those choices are severely constrained by an unjust social and political context? Should we give doctors this power over the mentally ill and disabled, given the racist and ableist nature of our crumbling hea...

How has digitalisation changed Russian politics? How has Russia’s invasion of Ukraine changed Russia studies? What is special about Russia’s approach to algorithmic governance and internet control? Assistant Professor in Cyber-Security and Politics from Maastricht University, Mariëlle Wijermars, talks about her ongoing research on Russian politics, internet policy and platform governance. In a con...

Michael Ayers Trotti's The End of Public Execution: Race, Religion and Punishment in the American South (The University of North Carolina Press, 2022) documents the complex religious and cultural textures of post-Civil War executions in the U.S. South. Before 1850, all legal executions in the South were performed before crowds that could number in the thousands; the last legal public execution was...

Since the turn of the millennium, there has been an unusually large number of court cases against artists and curators in Russia. Focusing on prominent cases against the organizers of the exhibitions Caution, Religion! (2003) and Forbidden Art 2006 (2007), Frimmel examines the ways in which the meaning of art and its socio-political effects are argued in court. By placing these cases in a historic...