New Books in Law

Marriage rates have fallen dramatically since the 1970s. Yet far
from devaluing marriage, people still overwhelmingly describe marriage
as the highest commitment they can imagine. Most Americans say they want
to marry eventually, and couples who do marry have a lower chance of
divorce than at any time since the 1970s. Increasingly, though, people
tell pollsters they “have no idea” if they actually will end up married. And unlike in the past, young women are more uncertain than young men.

In For Better and Worse: The Complicated Past and Challenging Future of Marriage (Viking, 2026), Stephanie Coontz—author of the “rich, provocative, and entertaining” book Marriage, A History—unravels the roots of such paradoxical trends. Examining five critical periods of historical transformation, she reveals how shifting romantic ideals, gender expectations, sexual mores, and cultural myths have bequeathed us a welter of contradictory beliefs, dysfunctional habits, and emotional earworms that make it hard to adjust our family relationships to the social and economic challenges of twenty-first-century life.

Coontz
demonstrates that today’s widespread nostalgia for a seemingly more
stable past is an understandable reaction to heightened economic
insecurity and eroding social solidarities. But trying to reproduce a
largely imaginary golden age of marriage from the past simply locks us
into a restricted future.

Current public debates about marriage
are dominated by two diametrically opposed groups. One argues that
marriage is the only sure route to personal happiness and social
stability; the other, that marriage is inherently oppressive. Coontz
puts forward a radical middle ground, pointing to surprising new
research on the personal changes and the policy innovations that can
help people create successful relationships, in or out of marriage.
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Commercial seafaring, both dangerous and with large amounts
of capital at stake, was the source of the risk-management institutions
that still undergird the global economy today. A key institution of
early modern risk management was General Average, a procedure used to
redistribute extraordinary costs arising from a maritime venture between
all financially interested parties. For example, should one merchant’s
cargo be jettisoned to lighten a ship in a storm, the loss would be
shared pro rata by the shipper and all the cargo-owners. A risk-sharing
practice, different from the risk-shifting of marine insurance which
became established relatively late, General Average is still in widespread use.

In Managing Maritime Risk in Early Modern Europe: General Average in Law and Practice in Seventeenth-Century Tuscany
(Boydell Press, 2025), Jake Dyble explores how General Average worked.
It reveals the gap between
General Average in law and how it worked on the ground. It shows how
General Average partitioned a wide array of business costs, thereby
performing a significant role in structuring maritime commerce, managing
risk and promoting shipping and trade. In addition, the book discusses
how far General Average was a feature of a supposedly ancient,
universal, customary maritime law, and contributes to debates about the
evolution of institutions in economic development.

Dr Jake Dyble is a postdoctoral researcher at the University of Padova, Italy.

This
interview is conducted by Dr Lewis Wade, a Humboldt Research Fellow at
the University of Bamberg. He is the author of the prize-winning Privilege, Economy and State in Old Regime France and can be found on Bluesky @wadehistory.bsky.social.
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Los Angeles and smog have been synonymous for decades. From the 1940s
through the 1980s, children breathed air so heavy with lead that their
blood was poisoned with it. In 1970, officials declared smog alerts on
235 days. But the last smog alert happened in 2003, and lead has
virtually disappeared from the air. This is the story of how Los Angeles
cleaned up its air.

In Smog and Sunshine: The Surprising Story of How Los Angeles Cleaned Up Its Air (University of California Press, 2026), environmental law expert and LA native Ann Carlson recounts the dramatic policy fights and the
determined scientists, lawyers, and community members who worked
alongside public officials to face off against major polluters and save
their city. In a time of unprecedented climate change and skepticism
about government and science, this book is an inspiring reminder of
what concerned residents, individual leaders, and all levels of
government can achieve by working together.

This interview was conducted by Dr. Miranda Melcher whose 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. You can find
Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts.
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In Rwanda's Genocide Heritage: Between Justice and Sovereignty (Duke UP, 2025), Delia Duong Ba Wendel contends with the forms of justice and sovereignty enacted through sites of violent memory. Drawing from oral histories and a visual archive of memory work after the 1994 genocide in Rwanda, she explores the human rights and government priorities that preserved killing sites and victims' remains for public display. Rwanda's genocide memorials exemplify a global phenomenon that Wendel terms trauma heritage, wherein hidden or unrecognized violence is spatialized--made visible in public space--to demand justice and recognition. She argues that trauma heritage innovates on the form histories take by "writing" them into landscapes, constituting a reparative historiography from the Global South. Among those sites, Rwanda's genocide heritage comprises exceptionally visceral sites of truth-telling that highlight the politics of a past made present. Wendel demonstrates that such sites of memory require reckoning with the ethical and political dilemmas that arise from viewing violence as forms of repair and control.
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The Criminal State: War, Atrocity, and the Dream of International Justice (Princeton University Press, 2026) offers a gripping account of how law has confronted the most radical forms of state violence. Beautifully written, broad in scope, and bracingly original, it weaves history with political thought to trace the shifting legal response to state aggression and atrocities, from Leopold’s rule over the Congo to Putin’s war in Ukraine.

At its heart is Lawrence Douglas’s fresh interpretation of the law’s reckoning with Nazi aggression and atrocity. He shows how the Nuremberg trials challenged centuries of thought—rooted in Hobbes and other canonical thinkers—that shielded sovereigns from legal scrutiny. Yet Nuremberg’s bid to frame aggression as the cornerstone of a new order of international criminal law largely failed, giving way to a system now centrally concerned with crimes against humanity and genocide—while leaving unresolved the
legality and effectiveness of using force to stop the worst violations
of human rights.

Providing rare historical perspective on the dilemmas facing international courts, The Criminal State is a sweeping, provocative history of the struggle to bring perpetrators of state violence to justice.

Our guest is Professor Lawrence Douglas, who is the James J. Grosfeld Professor of Law, Jurisprudence and Social Thought at Amherst College.

Our host is Eleonora Mattiacci, an Associate Professor of Political Science at Amherst College. She is the author of "Volatile States in International Politics" (Oxford University Press, 2023).
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