New Books in Law

On this episode of New Books in History, Jana Byars talks with Colin Rose, Assistant Professor of History at Brock University in St. Catherine’s, Ontario, Canada, about his new book, A Renaissance of Violence: Homicide in Early Modern Italy (Cambridge University Press, 2019). Seventeenth-century Bologna saw a severe uptick of homicide, the result of several factors that we discuss here. Beyond jus...

How does the United States use immigration to suppress free speech? Should interests of “national security” take priority over individual liberties? What happens to democracy when the most vulnerable are denied their right to speak and exchange ideas? In Threat of Dissent: A History of Ideological Exclusion and Deportation in the United States (Harvard University Press, 2020), historian and lawyer...

How could a peasant in Shandong in the Qing dynasty come to know enough about a specific law that he felt confident enough to kill his own wife and his lover’s husband and think that he could get away with it? As Ting Zhang’s new book, Circulating the Code: Print Media and Legal Knowledge in Qing China (University of Washington Press, 2020) shows, there was a whole range of ways: he could have rea...

Two prominent Israeli liberals argue that for the conflict between Israel and the Palestinians to end with peace, Palestinians must come to terms with the fact that there will be no "right of return." In 1948, seven hundred thousand Palestinians were forced out of their homes by the first Arab-Israeli War. More than seventy years later, most of their houses are long gone, but millions of their des...

It is often said that bioethics emerged from theology in the 1960s, and that since then it has grown into a secular enterprise, yielding to other disciplines and professions such as philosophy and law. During the 1970s and 1980s, a kind of secularism in biomedicine and related areas was encouraged by the need for a neutral language that could provide common ground for guiding clinical practice and...

Why did the DREAM Act (for the Development, Relief, and Education of Alien Minors) never pass Congress – even though it was popular with Republicans and Democrats? What does the political and legal history tell us about American federalism? How is the legal history of the DREAM ACT and DACA (Deferred Action for Childhood Arrivals) tied to the legal bureaucracy of residence? In Perchance to DREAM:...

Legal and political theories are not descriptions of brute facts. Nor are they merely postulated ideals or aspirations. Theories reflect and are reflected in our social relationships … Moral and political values thus cannot and should not be discussed in isolation from the institutions and social histories that shaped them. – N.E. Simmonds cited in Raymond Wacks, Understanding Jurisprudence (2005)...

How do we move police forces from a warrior culture to connecting better with communities they serve? Today I talked to David A. Harris about his new book A City Divided: Race, Fear and the Law in Police Confrontations (Anthem Press, 2020). Harris is a professor at the University of Pittsburgh’s law school and is the leading U.S. authority on racial profiling. Also the author of Profiles in Injust...

In his book The Hidden History of International Law in The Americas: Empires and Legal Networks (Oxford University Press, 2017), Juan Pablo Scarfi shows the central role of a coterie of elite Latin American jurists and intellectuals in constructing a Pan-American inflected conception of international law. In exploring the rise of so-called “American” international law, Scarfi’s monograph contribut...

How can we understand the legacy of colonialism within contemporary society? In Bordering Britain Law, Race and Empire (Manchester University Press, 2020), Nadine El-Enany, a senior lecturer in law at Birkbeck School of Law and Co-Director of the Centre for Research on Race and Law, historicises immigration law and ideas of citizenship in Britain, connecting the project of building a nation after...

In her new book, The Cabinet: George Washington and the Creation of an American Institution (Harvard University Press, 2020), historian Lindsay M. Chervinsky traces the origins of the President’s cabinet in American government. Chervinsky combines the history of the American Revolution with studies of early American political institutions to illustrate how the cabinet developed. Exploring the cabi...

Paulo Drinot’s The Sexual Question: A History of Prostitution in Peru, 1850s-1950s (Cambridge University Press, 2020), studies the interplay of sexuality, society, and the state in Peru in the nineteenth and twentieth centuries. Drinot analyzes the rules and norms that governed prostitution and venereal disease in this period, and tracks how regulation of prostitution was implemented in the early...

When children become entangled with the law, their lives can be disrupted irrevocably. When those children are underrepresented minorities, the potential for disruption is even greater. The Legacy of Racism for Children: Psychology, Law and Public Policy (Oxford University Press) examines issues that arise when minority children's lives are directly or indirectly influenced by law and public polic...

In Sovereignty (Northwestern University Press, 2020) playwright Mary Kathryn Nagle weaves together two stories separated by 170 years but joined by a common dilemma: how can Cherokee people fight for justice under an unjust colonial legal framework? In present-day Oklahoma, Sarah Ridge Polson attempts to bring her abuser to justice using the Violence Against Women Act. In 1835, her ancestors try t...

With such high levels of residential segregation along racial lines in the United States, gentrifying neighborhoods present fascinating opportunities to examine places with varying levels of integration, and how people living in them navigate the thorny politics of race. Among the many conflicts revolving around race under gentrification is crime and its relationship with the displacement and marg...

Before Ronald Reagan appointed Sandra Day O’Connor to the Supreme Court in 1981, nine highly qualified women were on the shortlist. What do the stories of these women tell us about the judiciary? Gender? Feminism? Race? In Shortlisted: Women in the Shadows of the Supreme Court (NYU Press, 2020), Renee Knake Jefferson (professor at the University of Houston Law Center) and Hannah Brenner Johnson (V...

Verónica Martínez-Matsuda about her book Migrant Citizenship: Race, Rights, and Reform in the U.S. Farm Labor Camp Program (University of Pennsylvania Press). Migrant Citizenship exams the Farm Security Administration’s Migratory Labor Camp Program, and its role in the daily lives of a diverse number of farmworker families. Martínez-Matsuda thoroughly investigates the way public policy was used to...

In The Movement for Reproductive Justice: Empowering Women of Color through Social Activism (NYU Press, 2020), Pat Zavella shows how reproductive justice organizations' collaborative work across racial lines provides a compelling model for other groups to successfully influence change. In the context of the war on women's reproductive rights and its disproportionate effect on women of color, and i...

In the 1970s and 1980s, a group of Chicago police officers routinely tortured criminal suspects in their custody, while fellow cops, state attorneys and elected officials looked the other way. In his book, Beyond the Usual Beating: The Jon Burge Police Torture Scandal and Social Movements For Police Accountability in Chicago (University of Chicago Press), Andrew Baer explains how the eponymous det...

Historians have long treated the Atlantic and Indian Ocean routes of early modern French empire separately. But, early modern people understood France as a bi-oceanic empire, connected by vast but strong pathways of commercial, intellectual, and legal exchange. Laurie M. Wood’s Archipelago of Justice: Law in France’s Early Modern Empire (Yale UP, 2020) recasts our view of France’s empire by evalua...

To many observers, European law seems like the endpoint of a mostly random walk through history. Certainly the trajectory of legal systems in the West over the past 2,500 years is far from self-evident. In A Short History of European Law: The Last Two and a Half Millennia (Harvard UP, 2019), Tamar Herzog offers a new road map that reveals underlying patterns and unexpected connections. By identify...

Abolitionism and the Persistence of Slavery in Italian States 1750–1850 (Palgrave MacMillian, 2019) offers a pioneering study of slavery in the Italian states. Documenting previously unstudied cases of slavery in six Italian cities—Naples, Caserta, Rome, Palermo, Livorno and Genoa—Giulia Bonazza investigates why slavery survived into the middle of the nineteenth century, even as the abolitionist d...

Undocumented youth activists are at the forefront of the present-day immigrant rights movement. This is especially true surrounding the activism of the recent SCOTUS decision on DACA issued on June 18, 2020. Professor Kevin Escudero’s book, Organizing While Undocumented: Immigrant Youth’s Political Activism Under the Law (New York University Press, 2020), depicts just how undocumented immigrant yo...

The key question in The Struggle for Democracy in Mainland China, Taiwan, and Hong Kong: Sharp Power and its Discontents (Routledge, 2020), is to what extent political activists in these three domiciles have made progress in their quest to liberalize and democratize their respective polities. Taking a long historical perspective, the book compares the political trajectory in the three regions from...

Juries are a cornerstone of the criminal trial, but what happens when the jury engages in its own kind of mischief? In this book, Jeremy Gans delves into the case of R v Young, where a newly married couple was murdered in cold blood. At trial, some jurors turned to a Ouija board for guidance. One of the appeal judges, Sir Ronald Waterhouse described the case as ‘the most bizarre appeal that I sat...