New Books in Law

Why is religion today so often associated with giving and taking offense? To answer this question, Slandering the Sacred: Blasphemy Law and Religious Affect in Colonial India (U Chicago Press, 2023) invites us to consider how colonial infrastructures shaped our globalized world. Through the origin and afterlives of a 1927 British imperial law (Section 295A of the Indian Penal Code), J. Barton Scott weaves a globe-trotting narrative about secularism, empire, insult, and outrage. Decentering white martyrs to free thought, his story calls for new histories of blasphemy that return these thinkers to their imperial context, dismantle the cultural boundaries of the West, and transgress the borders between the secular and the sacred as well as the public and the private. Raj Balkaran is a scholar of Sanskrit narrative texts. He teaches at the Oxford Centre for Hindu Studies and at his own virtual School of Indian Wisdom. For information see rajbalkaran.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Witchfinder General, Salem, Malleus Maleficarum. The world of witch-hunts and witch trials sounds archaic and fanciful, these terms relics of an unenlightened, brutal age. However, we often hear ‘witch-hunt’ in today’s media, and the misogyny that shaped witch trials is all too familiar. Three women were prosecuted under a version of the 1735 Witchcraft Act as recently as 2018. In Witchcraft: A History in Thirteen Trials (Simon & Schuster, 2023), Professor Marion Gibson uses thirteen significant trials to tell the global history of witchcraft and witch-hunts. As well as exploring the origins of witch-hunts through some of the most famous trials from the Middle Ages to the eighteenth century, it takes us in new and surprising directions. It shows us how witchcraft was reimagined by lawyers and radical historians in France, how suspicions of sorcery led to murder in Jazz Age Pennsylvania, the effects of colonialism and Christian missionary zeal on ‘witches’ in Africa, and how even today a witch trial can come in many guises. Professor Gibson also tells the stories of the ‘witches’ – mostly women like Helena Scheuberin, Anny Sampson and Joan Wright, whose stories have too often been overshadowed by those of the powerful men, such as King James I and ‘Witchfinder General’ Matthew Hopkins, who hounded them. Once a tool invented by demonologists to hurt and silence their enemies, witch trials have been twisted and transformed over the course of history and the lines between witch and witch-hunter blurred. For the fortunate, a witch-hunt is just a metaphor, but, as this book makes clear, witches are truly still on trial. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Addressing the relationship between law and the visual, this book examines the importance of photography in Central, East, and Southeast European show trials. The dispensation of justice during communist rule in Albania, East Germany, and Poland was reliant on legal propaganda, making the visual a fundamental part of the legitimacy of the law. Analysing photographs of trials, Agata Fijalkowski's Law, Visual Culture, and the Show Trial (Routledge, 2023) examines how this message was conveyed to audiences watching and participating in the spectacle of show trials. The book traces how this use of the visual was exported from the Soviet Union and imposed upon its satellite states in the immediate aftermath of the Second World War. It shows how the legal actors and political authorities embraced new photographic technologies to advance their legal propaganda and legal photography. Drawing on contemporary theoretical work in the area, the book then challenges straightforward accounts of the relationship between law and the visual, critically engaging entrenched legal historical narratives, in relation to three different protagonists, to offer the possibility of reclaiming and rewriting past accounts. As its analysis demonstrates, the power of images can also be subversive; and, as such, the cases it addresses contribute to the discourse on visual epistemology and open onto contemporary questions about law and its inherent performativity. Alex Batesmith is a Lecturer in Legal Profession in the School of Law at the University of Leeds, and a former barrister and UN war crimes prosecutor, with teaching and research interests in international criminal law, cause lawyering and the legal profession, and law and emotion. Twitter: @batesmith. LinkedIn.  His recent publications include: “‘Poetic Justice Products’: International Justice, Victim Counter-Aesthetics, and the Spectre of the Show Trial” in Christine Schwöbel-Patel and Rob Knox (eds) Aesthetics and Counter-Aesthetics of International Justice (Counterpress, forthcoming 2023, ISBN 978-1-910761-17-5) "Lawyers who want to make the world a better place – Scheingold and Sarat’s Something to Believe In: Politics, Professionalism, and Cause Lawyering" in D. Newman (ed.) Leading Works on the Legal Profession (Routledge, July 2023), ISBN 978-1-032182-80-3) “International Prosecutors as Cause Lawyers" (2021) Journal of International Criminal Justice 19(4) 803-830 (ISSN 1478-1387) Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Danielle Allen, the James Bryant Conant University Professor and the Director of the Edmond and Lily Safra Center for Ethics at Harvard University, has a new book, Justice by Means of Democracy, that explores the foundational understanding of how humans best flourish, in particular in regard to the governmental system under which they live. Allen, author of many books that focus on questions of democracy and justice, also works on democratic reform and renovation at Partners in Democracy. Thus, Dr. Allen integrates both scholarship and democratic activism into her work as an academic and as an activist. Justice by Means of Democracy examines these different threads as well; what is justice, and how does democracy work towards achieving justice? And what is the role of the citizen in these pursuits? Allen opens up her discussion weaving together a number of threads, since politics, economics, civic engagement, and citizenship are all part of the whole when we consider both justice and democracy. Growing out of the ideal that democracy is a very good system for individuals to move forward together, and to achieve their full flourishing, complexities arise from issues like inequality, inequity, and how liberty is structured within the governmental system. Part of Allen’s framing comes from John Rawl’s Theory of Justice and his connection of justice and democracy—but she is pushing further in terms of the role of power and thinking about power and power sharing within democracies and democratic institutions. Justice by Means of Democracy also wrestles with the abstract ideas of negative and positive liberty, and what this actually means in practice, particularly in the United States. In fact, the book thinks about what it means to be a citizen in a democracy, and what that requires from each individual. Allen explained in our conversation that while we often discuss “work/life balance” in terms of our personal and professional lives, what we should be discussing and focusing on is our “work-life civic balance” – since being civically involved takes time, takes effort, but is required for democracy to function and to remain intact. We are living through some of the breakages within our democratic systems of government, not just in the United States, but in other democracies as well. And part of the reason for these breakages is the failure of democratic practice by the people themselves. Allen’s own activism is focused on restoring and reinvigorating democratic practice, so that citizens become more used to the “habit” of democracy and civic engagement. Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-editor of The Politics of the Marvel Cinematic Universe (University Press of Kansas, 2022), as well as co-editor of the award winning book,Women and the White House: Gender, Popular Culture, and Presidential Politics Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Trials of Sovereignty: Mercy, Violence, and the Making of Criminal Law in British India, 1857-1922 (Cambridge UP, 2024) offers the first legal history of mercy and discretion in nineteenth and twentieth-century India. Through a study of large-scale amnesties, the prerogative powers of pardon, executive commutation, and judicial sentencing practices, Alastair McClure argues that discretion represented a vital facet of colonial rule. In a bloody penal order, officials and judges consistently offered reduced sentences and pardons for select subjects, encouraging others to approach state institutions and confer the colonial state with greater legitimacy. Mercy was always a contested expression of sovereign power that risked exposing colonial weakness. This vulnerability was gradually recognized by colonial subjects who deployed a range of legal and political strategies to interrogate state power and question the lofty promises of British colonial justice. By the early twentieth century, the decision to break the law and reject imperial overtures of mercy had developed into a crucial expression of anticolonial politics..Alastair McClure is Assistant Professor in the Department of History at the University of Hong Kong. .Saumya Dadoo is a Ph.D Candidate at MESAAS, Columbia University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law