New Books in Law

In 1914 the British-built and Japanese-owned steamship Komagata Maru
left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered
by railway contractor and purported rubber planter Gurdit Singh, the
ship and its passengers were denied entry into Canada and two months
later were deported to Calcutta.

In Across Oceans of Law: The Komagata Maru and Jurisdiction in the Time of Empire (Duke University Press, 2018) Renisa Mawani retells this well-known story of the Komagata Maru.
Drawing on "oceans as method"—a mode of thinking and writing that
repositions land and sea—Mawani examines the historical and conceptual
stakes of situating histories of Indian migration within maritime
worlds.

Through close readings of the ship, the manifest, the trial, and the
anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's
landing raised urgent questions regarding the jurisdictional tensions
between the common law and admiralty law, and, ultimately, the legal
status of the sea. By following the movements of a single ship and
bringing oceans into sharper view, Mawani traces British imperial power
through racial, temporal, and legal contests and offers a novel method
of writing colonial legal history.

The conversation also covers how the book, published in 2018, has
shaped the author’s more recent work as well as how historical methods
and approaches have evolved in the years since publication.

Helen Dewar is an historian of the Atlantic World and French
colonization in North America in the 17th and 18th centuries. She is a
professor of history at the Université de Montréal (Québec, Canada) and
the author of Disputing New France: Companies, Sovereignty and Law in the French Atlantic, 1598-1663 (McGill-Queen’s University Press, 2022).

Helen’s institutional website
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The assumption that only humans can engage in politics—that only
humans are 'zoon politikon'—is foundational to the Western tradition of
political philosophy. While there is increasing recognition of animals'
moral status (both within moral philosophy and at the level of public
opinion), animals are not recognized as political subjects. This
carefully researched but accessibly written volume—following on from the
authors' earlier book Zoopolis—argues that animals too have a
right to politics: a right to be recognized as political subjects and
agents, and as members of political communities entitled to collective
self-determination. ⁠Animals and the Right to Politics⁠
(Oxford University Press, 2026) draws on recent scientific work on
animal societies, cultures, and decision-making, as well as recent work
by political theorists rethinking ideas of agency and
community—especially the significance of emplaced and embodied
encounters and relationships to the activity of politics. Sue Donaldson
and Will Kymlicka draw a picture of what it would mean to create spaces
and practices, not only for politics conducted by humans on behalf of
animals, but also politics with and by animals on their own terms. It
then explores how this approach could inform a wide range of
contemporary debates in human-animal relations, including wildlife
conservation, urban planning, and animal labour.

⁠Sue Donaldson⁠
is a Canadian author and animal advocate. She has published more than
40 academic articles, and is the co-author, with Will Kymlicka, of Zoopolis: A Political Theory of Animal Rights
(Oxford University Press, 2011) which won the Canadian Philosophical
Association Book Prize in 2013, and has been translated into 11
languages. She is co-convenor of the Animals in Philosophy, Politics,
Law and Ethics research group at Queen's University, Kingston, Canada.

⁠Will Kymlicka⁠ is the author of seven books published by Oxford University Press, including Contemporary Political Philosophy (2nd ed., 2001), Multicultural Citizenship (1996), and Zoopolis: A Political Theory of Animal Rights
(co-authored with Sue Donaldson; 2011). He is currently the Canada
Research Chair in Political Philosophy at Queen's University, a Fellow
of the Royal Society of Canada and of the Canadian Institute for
Advanced Research, an Officer of the Order of Canada, and a
Corresponding Fellow of the British Academy. His works have been
translated into 34 languages.

⁠Kyle Johannsen⁠ is Sessional Faculty Member in the Department of Philosophy at Trent University. His most recent authored book is Wild Animal Ethics: The Moral and Political Problem of Wild Animal Suffering (Routledge, 2021).
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A New Approach to Political Speech: Democratic Theory, Constitutional Law, and Public Liberty After January 6 (de Gruyter, 2026) challenges conventional understandings of political speech and its relationship to democracy. Through a focused case study of Donald Trump's role in attempting to overturn the 2020 election and the prosecutions stemming from it, Erik Olsen develops a critique of the prevailing view that political speech is a private right that is only instrumentally related to political action. He advocates instead for a theoretical framework that treats political speech as a form of communicative action and balances the protection of free expression with the need to safeguard core democratic practices and processes. He thus outlines a more robust First Amendment jurisprudence that can better defend both public liberty and democratic institutions from authoritarian threats in the current era of democratic backsliding.

Erik J. Olsen is Professor Emeritus of Political Science at Seattle University.

Caleb Zakarin is CEO and Publisher of the New Books Network.
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Today I'm speaking with Mordecai Kurz, Joan Kenney Professor of Economics Emeritus at Stanford University. We are discussing his latest book, Private Power and Democracy's Decline: How to Make Capitalism Support Democracy (MIT Press, 2026). After its high-water mark several decades ago, democracy's status continues to slide globally. Capitalism and democracy, which once seemed to complement each other, now appear at odds. Free-market policies and monopolistic technologies have enriched many while driving inequalities that harm workers. Many have opined on how to fix the political and economic problems of our day, from an embrace of radical libertarian policy to socialist ownership of the means of production. Mordecai Kurz's extensive study of capitalism and democracy charts a path for balancing economic and political freedom. Since the days of Adam Smith, technology has changed rapidly, necessitating new formulations that take into account the private power centers that exercise control much like monarchies did in the Age of Enlightenment. Despite the imbalance, capitalism still remains a driver of technological progress and innovation. How can we make both capitalism and democracy work for the good of everyone? I'm happy today to get the chance to speak with such an illustrious scholar and to learn a bit more about how to understand this defining puzzle of our age.

Caleb Zakarin is CEO and Publisher of the New Books Network.
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The history of Jews in the United States is often told as if they
immigrated, gained citizenship, and almost immediately achieved full
legal rights. Yet this story fundamentally misses how citizenship rights
worked for Jews and countless others who arrived on American shores. In
Who Is American? Belonging and the Question of Jewish Citizenship, Lila
Corwin Berman draws on case law, statutes, and debates to argue that
both the laws of American citizenship and Jews’ position in them changed
repeatedly across the twentieth century. Courts, policymakers, and the
public persistently asked what it meant to be Jewish under the law. Were
Jews a race, a nationality, a religion—or some combination of each? The
answer carried profound legal consequences. Not only did it determine
Jews’ citizenship status, but it also affected the rights they could
exercise. Just as significantly, the meaning of the categories under law
changed over time, affecting Jews’ self-understanding, their political
ideals, and their relationships to other groups of Americans.Who Is American? tells a history that resonates powerfully with
today’s high-stakes battles over citizenship and rights. As Berman
concludes, citizenship law has always been better at posing questions
about the terms of belonging than at providing any ultimate resolution.
The tangled story of Jewish citizenship demonstrates the limits of law
and explains why the United States continues to fall into new and,
often, unsettling debates about who is American.

Lila Corwin Berman is the Paul and Sylvia Steinberg Professor of
American Jewish History at New York University, where she directs the
Goldstein-Goren Center for American Jewish History. She is author of The American Jewish Philanthropic Complex: The History of a Multibillion-Dollar Institution (Princeton) and Metropolitan Jews: Politics, Race, and Religion in Postwar Detroit.

Geraldine Gudefin is a modern Jewish historian researching Jewish
migrations, family life, and legal pluralism. She is currently a
Visiting Scholar at the Centre for Asian Legal Studies at the National
University of Singapore, and is completing a book titled An Impossible Divorce? East European Jews and the Limits of Legal Pluralism in France, 1900-1939.

Mentioned in this episode:

Linda Bosniak, The Citizen and the Alien: Dilemmas of Contemporary Membership (Princeton, NJ: Princeton University Press, 2006).

Lila Corwin Berman, The American Jewish Philanthropic Complex: The History of a Multibillion Dollar Institution
(Princeton, NJ: Princeton University Press, 2020).

William E.
Forbath, “Constitutionalism, Human Rights, and the Genealogy of Jewish
American Liberalism,” in James Loeffler and Moria Paz, eds., The Law of Strangers: Jewish Lawyers and International Law in the Twentieth Century (New York: Cambridge University Press, 2019), 118-140.

Ian Haney López, White by Law: The Legal Construction of Race (New York: New York University Press, 2006).

Will Herberg, Protestant—Catholic—Jew: An Essay in American Religious Sociology (Chicago: University of Chicago Press, 1983).

Benjamin Lawrance and Jacqueline Stevens, eds., Citizenship in Question: Evidentiary Birthright and Statelessness (Durham, NC: Duke University Press, 2017).

David Sorkin, Jewish Emancipation: A History Across Five Centuries (Princeton, NJ: Princeton University Press, 2019).

Posen Library Jewish Studies Curriculum Initiative: https://www.posenlibrary.com/Jewish-Studies-Curriculum

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