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Interviews with Scholars of the Law about their New Books
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    • Science

Interviews with Scholars of the Law about their New Books
Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

    Benjamin A. Schupmann, "Democracy Despite Itself: Liberal Constitutionalism and Militant Democracy" (Oxford UP, 2024)

    Benjamin A. Schupmann, "Democracy Despite Itself: Liberal Constitutionalism and Militant Democracy" (Oxford UP, 2024)

    Seeking a second term as US president in November, Donald Trump joins a roster of politicians whose declared aim is to use legal means to bend democracy to their will and in their interests. The system withstood his first term. In Venezuela, Ecuador, Turkey, and Hungary, the systems didn’t, and they are undergoing stress tests in Israel, Slovakia, and Georgia.
    In Venezuela, Turkey and Hungary, elections still happen and parliaments, courts, and media are intact but checks and balances have been steadily eroded as one party bids for sustained majority rule. Since the turn of the millennium, 80% of cases of democratic retreat have taken this form rather than through violence.
    Worst of all, “illiberal democracy” is popular. Between 2016 and 2020, Trump added 11 million votes. In 2022, after 12 consecutive years in power, Hungary’s ruling party extended its support. Recent polls show that a third of Americans would prefer a strong unelected leader to a weak elected one while a fifth of French under-35s are indifferent to the prospect of an end to democracy.
    In Democracy Despite Itself: Liberal Constitutionalism and Militant Democracy (OUP Press, 2024) Benjamin Schupmann addresses this democratic internal rot and how to defend against it. "Democratic cannibalism is a perennial problem,” he writes. “It is a question of when, not if, popular anti-democratic movements will erupt from within and try to use legal revolutionary methods to devour democracy. Democratic constitution should be designed to provide democrats with the means to defend it and themselves".
    Benjamin Schupmann is an Assistant Professor at Yale-NUS College in Singapore. He got his PhD at Columbia University and then taught at Duke Kunshan University and the National University of Singapore. Democracy Despite Itself is his second book. His first – Carl Schmitt's State and Constitutional Theory – was published in 2017.
    *The author's book recommendations are Sovereignty Across Generations: Constituent Power and Political Liberalism by Alessandro Ferrara (OUP Oxford, 2023) and Social Acceleration: A New Theory of Modernity by Hartmut Rosa (Columbia University Press, 2013). 
    Tim Gwynn Jones is an economic and political-risk analyst at Medley Advisors, who also writes the twenty4two newsletter on Substack.
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    • 41 min
    Gary J. Bass, "Judgement at Tokyo: World War II on Trial and the Making of Modern Asia" (Knopf, 2023)

    Gary J. Bass, "Judgement at Tokyo: World War II on Trial and the Making of Modern Asia" (Knopf, 2023)

    In December 1948, a panel of 12 judges sentenced 23 Japanese officials for war crimes. Seven, including former Prime Minister Hideki Tojo, were sentenced to death. The sentencing ended the International Military Tribunal for the Far East, an over-two-year-long trial over Imperial Japan’s atrocities in China and its decision to attack the U.S.
    But unlike the trials at Nuremberg, now seen as one of the touchstones of modern international law, the trials at Tokyo were a messy affair. The ruling wasn’t unanimous, with two judges dissenting. Indian judge Radhabinod Pal even chose to acquit everybody. The judges couldn’t agree on anything, the prosecution made significant mistakes, and the defense constantly complained about not having enough time and resources.
    Gary Bass tells the entire story of the trials at Tokyo—from their formulation at the end of a long World War by a triumphant yet weary U.S., to the eventual decision to let many sentenced defendants out on parole as Japan became a close Cold War ally of Washington—in his book Judgment at Tokyo: World War II on Trial and the Making of Modern Asia (Knopf: 2023)
    Gary Bass is also the author of The Blood Telegram: Nixon, Kissenger and a Forgotten Genocide (Vintage: 2014), which was a finalist for the Pulitzer Prize in general nonfiction and won the Arthur Ross Book Award from the Council on Foreign Relations, among other awards. He is the William P. Boswell Professor of World Politics of Peace and War at Princeton University. His previous books are Freedom's Battle: The Origins of Humanitarian Intervention (Knopf Doubleday Publishing Group: 2008) and Stay the Hand of Vengeance: The Politics of War Crimes Tribunals (Princeton University Press: 2002). A former reporter for The Economist, Bass writes often for The New York Times and has written for The New Yorker, The Washington Post, The Atlantic, Foreign Affairs, and other publications.
    You can find more reviews, excerpts, interviews, and essays at The Asian Review of Books. Including its review of Judgment at Tokyo. Follow on Twitter at @BookReviewsAsia.
    Nicholas Gordon is an editor for a global magazine, and a reviewer for the Asian Review of Books. He can be found on Twitter at @nickrigordon.
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    • 49 min
    Jeffrey Reiman and Paul Leighton, "The Rich Get Richer and the Poor Get Prison" (Routledge, 2023)

    Jeffrey Reiman and Paul Leighton, "The Rich Get Richer and the Poor Get Prison" (Routledge, 2023)

    For 40 years, this classic text has taken the issue of economic inequality seriously and asked: Why are our prisons filled with the poor? Why aren't the tools of the criminal justice system being used to protect Americans from predatory business practices and to punish well-off people who cause widespread harm? 
    This new edition continues to engage readers in important exercises of critical thinking: Why has the U.S. relied so heavily on tough crime policies despite evidence of their limited effectiveness, and how much of the decline in crime rates can be attributed to them? Why does the U.S. have such a high crime rate compared to other developed nations, and what could we do about it? Are the morally blameworthy harms of the rich and poor equally translated into criminal laws that protect the public from harms on the streets and harms from the suites? How much class bias is present in the criminal justice system-both when the rich and poor engage in the same act, and when the rich use their leadership of corporations to perpetrate mass victimization? 
    The Rich Get Richer and the Poor Get Prison (Routledge, 2023) shows readers that much of what goes on in the criminal justice system violates citizens' sense of basic fairness. It presents extensive evidence from mainstream data that the criminal justice system does not function in the way it says it does nor in the way that readers believe it should.
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    • 36 min
    Danielle R. Olden, "Racial Uncertainties: Mexican Americans, School Desegregation, and the Making of Race in Post–Civil Rights America" (U California Press, 2022)

    Danielle R. Olden, "Racial Uncertainties: Mexican Americans, School Desegregation, and the Making of Race in Post–Civil Rights America" (U California Press, 2022)

    Mexican Americans have often fit uncertainly into the white/non-white binary that has goverens much of American history. After Colorado, and much of the rest of the American West, became American claimed territory after the Mexican-Americna War in 1848, thousands of formerly Mexican citizens became American citizens. Flash foward a century to post-war Denver. In the spring of 1969, Mexican American students staged a walk out in protest of poor quality education, racist teachers, and school segregation - they were met by police in riot gear, to beat and arrested dozens of peaceful protestors. Denver thus became ground zero for debates over race in the American West, a city as important to conceptions of whiteness, "minority" status, and colorblindness as any place in the South.
    In the award winning book, Racial Uncertainties: Mexican Americans, School Desegregation, and the Making of Race in Post-Civil Rights America (U California Press, 2022), University of Utah historian Danielle Olden tracks the history of Chicano, Latinx, and Mexican American identities through Denver's history, focusing on the lead up to the 1973 Supreme Court case, Keyes v. Denver School District No. 1. Olden tracks the remarkable and complicated story of that city's Chicano, Black, and white communities through the halting process of school desegregation, and in doing so provides an explemary lesson in the social mutability of the concept of race.
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    • 1 hr 21 min
    Sarah Cassella, "Global Risks and International Law: The Case of Climate Change and Pandemics" (Brill/Nijhoff, 2023)

    Sarah Cassella, "Global Risks and International Law: The Case of Climate Change and Pandemics" (Brill/Nijhoff, 2023)

    Global risks present formidable challenges to international law. Although they have long been identified in many other scientific disciplines, they are currently only considered on a sectoral basis in international law in the absence of a legal definition. 
    The aim of Sarah Cassella's book Global Risks and International Law: The Case of Climate Change and Pandemics (Brill/Nijhoff, 2023) is threefold: to identify the main elements that characterise global risks in a legal perspective, to determine the characteristics that make them a new category of risk, and to analyse the changes they bring about in the main mechanisms of international law. Drawing on the relationship between international law and other legal systems, and in particular national law, this book highlights possible responses to the challenges posed by global risks. The study is based on extensive practice related to the examples of climate change and pandemics, but opens up perspectives on conclusions that could be common to other global risks, such as financial risks or cyber risks.
    Sarah Cassella, Ph.D. (2009), is Professor of International Law at Université Paris.
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    • 44 min
    Kate Morgan, "The Walnut Tree: Women, Violence and the Law – A Hidden History" (Mudlark, 2024)

    Kate Morgan, "The Walnut Tree: Women, Violence and the Law – A Hidden History" (Mudlark, 2024)

    'A woman, a dog and a walnut tree, the more they are beaten, the better they’ll be.' So went the proverb quoted by a prominent MP in the Houses of Parliament in 1853. His words – intended ironically in a debate about a rise in attacks on women – summed up the prevailing attitude of the day, in which violence against women was waved away as a part and parcel of modern living – a chilling seam of misogyny that had polluted both parliament and the law. But were things about to change?
    The Walnut Tree: Women, Violence and the Law – A Hidden History (Mudlark, 2024) is a vivid and essential work of historical non-fiction. In it, Kate Morgan explores the legal campaigns, test cases and individual injustices of the Victorian and Edwardian eras which fundamentally re-shaped the status of women under British law. These are seen through the untold stories of women whose cases became cornerstones of our modern legal system and shine a light on the historical inequalities of the law.
    We hear of the uniquely abusive marriage which culminated in the dramatic story of the ‘Clitheroe wife abduction’; of the domestic tragedies which changed the law on domestic violence; the controversies surrounding the Contagious Diseases Act and the women who campaigned to abolish it; and the real courtroom stories behind notorious murder cases such as the ‘Camden Town Murder’.
    Exploring the 19th- and early 20th Century legal history that influenced the modern-day stances on issues such as domestic abuse, sexual violence and divorce, The Walnut Tree lifts the lid on the shocking history of women under British law – and what it means for women today.

    This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars.
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    • 50 min

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