What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses? These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz. The book...
Jan 11, 2023•1 hr 21 min•Ep. 177
Ciara Breathnach's book Ordinary Lives, Death, and Social Class: Dublin City Coroner's Court, 1876-1902 (Oxford UP, 2022) focuses on the evolution of the Dublin City Coroner's Court and on Dr Louis A. Bryne's first two years in office. Wrapping itself around the 1901 census, the study uses gender, power, and blame as analytical frameworks to examine what inquests can tell us about the impact of urban living from lifecycle and class perspectives. Coroners' inquests are a combination of eyewitness...
Jan 10, 2023•1 hr 8 min•Ep. 37
What does it mean to be a citizen in America in 2017? Guests Danielle Allen, Director of the Edmond J. Safra Center for Ethics and University Professor at Harvard University Erhardt Graeff, PhD candidate at the MIT Media Lab Center for Civic Media Shanelle Matthews, Director of Communications for the Black Lives Matter global network Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law...
Jan 08, 2023•15 min•Ep. 7
In 1956, Alfred Hitchcock focused his lens on an issue that cuts to the heart of our criminal justice system: the risk of wrongful conviction. The result was The Wrong Man , a bracing drama based on the real-life false arrest of Queens musician Christopher “Manny” Balestrero. Manny's ordeal is part of a larger story of other miscarriages of justice in the first half of the twentieth century. In Nothing to Fear: Alfred Hitchcock and the Wrong Men (Fayetteville Mafia Press, 2023), attorney Jason I...
Jan 07, 2023•1 hr•Ep. 152
The National Institute of Health recently announced its plan to retire the fifty remaining chimpanzees held in national research facilities and place them in sanctuaries. This significant decision comes after a lengthy process of examination and debate about the ethics of animal research. For decades, proponents of such research have argued that the discoveries and benefits for humans far outweigh the costs of the traumatic effects on the animals; but today, even the researchers themselves have ...
Jan 03, 2023•1 hr 17 min•Ep. 46
Examining infanticide cases in the United States from the late eighteenth to the late nineteenth centuries, Felicity M. Turner's Proving Pregnancy: Gender, Law, and Medical Knowledge in Nineteenth-Century America (UNC Press, 2022) documents how women—Black and white, enslaved and free—gradually lost control over reproduction to male medical and legal professionals. In the first half of the nineteenth century, community-based female knowledge played a crucial role in prosecutions for infanticide:...
Jan 01, 2023•1 hr 1 min•Ep. 346
In April 2006, The Institute held a two day symposium about copyright and intellectual property, titled Comedies of Fair Use. In this session, Lewis Hyde talks about owning art and ideas. Hyde is a cultural critic and scholar, whose work focuses on the nature of imagination, creativity, and property. He is best known for his books, The Gift: Imagination and the Erotic Life of Property , and Trickster Makes This World: Mischief, Myth and Art. Learn more about your ad choices. Visit megaphone.fm/a...
Jan 01, 2023•28 min•Ep. 53
In this episode of High Theory, Alex Hanna talks with Nathan Kim about Ethical AI. Their conversation is part of our High Theory in STEM series, which tackles topics in science, technology, engineering, and medicine from a highly theoretical perspective. In this episode, Alex helps us think about the complicated recipes we call “artificial intelligence” and what we mean when we ask our technologies to be ethical. In the episode Alex references an article by Emily Tucker, called “ Artifice and In...
Dec 31, 2022•23 min•Ep. 106
A revolutionary new theory and call to action on animal rights, ethics, and law from the renowned philosopher Martha C. Nussbaum. Animals are in trouble all over the world. Whether through the cruelties of the factory meat industry, poaching and game hunting, habitat destruction, or neglect of the companion animals that people purport to love, animals suffer injustice and horrors at our hands every day. The world needs an ethical awakening, a consciousness-raising movement of international propo...
Dec 31, 2022•51 min•Ep. 45
By any reasonable metric, prisons as they exist in the United States and in many other countries are normatively unacceptable. What is the proper moral response to this? Can prisons and the practices surrounding incarceration feasibly be reformed, or should the entire enterprise be abolished? If the latter, then what? If the former, what are the necessary reforms? In The Idea of Prison Abolition (Princeton UP, 2022), Tommie Shelby undertakes a systematic and critical examination of the arguments...
Dec 30, 2022•1 hr 11 min•Ep. 303
"History recalls Wallace’s inaugural address as a set piece in the larger drama of defending Southern segregation, which it was. But the speech was about something even more profound, more enduring, even more virulent than segregation. Aside from his infamous “Segregation Forever” slogan, Wallace mentioned “segregation” only one other time that afternoon. In contrast, he invoked “freedom” twenty-five times in his speech—more than Martin Luther King Jr. would use the term later that year in his “...
Dec 28, 2022•1 hr 31 min•Ep. 168
Is medical assistance in dying, or MAID letting the government off the hook from providing what they should be providing? Should we respect people's choices on harm reduction grounds, even if those choices are severely constrained by an unjust social and political context? Should we give doctors this power over the mentally ill and disabled, given the racist and ableist nature of our crumbling health care system? Gordon Katic debates this and more, with perspectives from either side. Professor T...
Dec 26, 2022•1 hr 8 min•Ep. 48
How has digitalisation changed Russian politics? How has Russia’s invasion of Ukraine changed Russia studies? What is special about Russia’s approach to algorithmic governance and internet control? Assistant Professor in Cyber-Security and Politics from Maastricht University, Mariëlle Wijermars , talks about her ongoing research on Russian politics, internet policy and platform governance. In a conversation with Joanne Kuai , Mariëlle Wijermars also talks about The Palgrave Handbook of Digital R...
Dec 24, 2022•55 min•Ep. 217
Michael Ayers Trotti's The End of Public Execution: Race, Religion and Punishment in the American South (The University of North Carolina Press, 2022) documents the complex religious and cultural textures of post-Civil War executions in the U.S. South. Before 1850, all legal executions in the South were performed before crowds that could number in the thousands; the last legal public execution was in 1936. This study focuses on the shift from public executions to ones behind barriers, situating ...
Dec 23, 2022•1 hr 3 min•Ep. 46
Since the turn of the millennium, there has been an unusually large number of court cases against artists and curators in Russia. Focusing on prominent cases against the organizers of the exhibitions Caution, Religion! (2003) and Forbidden Art 2006 (2007), Frimmel examines the ways in which the meaning of art and its socio-political effects are argued in court. By placing these cases in a historical context, and comparing them with a number of international case studies, Art Judgements: Art on T...
Dec 21, 2022•1 hr 2 min•Ep. 215
This is the story of organ transplantation, told from the organ’s point of view. Organs for transplantations come from two sources: living or post-mortem organ donations. These sources set different routes of movement from one body to another. Postmortem organ donations are mainly sourced and allocated by state agencies, while living organ donations are the result of informal relations between donor and recipient. Each route traverses different social institutions, determines discrete interactio...
Dec 20, 2022•45 min•Ep. 87
In Feminist Transformations and Domestic Violence Activism in Divided Berlin, 1968-2002 (Oxford University Press, 2022), Jane Freeland traces the development of the shelter movement in East and West Germany. In the 1970s, feminist activists exposed the harmful gender norms and lack of legal protections that left women vulnerable to abuse in the home. Their efforts led to the founding of the first women’s shelter in West Berlin in 1976 and a broadly successful campaign that changed legal and soci...
Dec 20, 2022•56 min•Ep. 43
The boundary that once protected our intimate lives from outside interests is an artefact of the 20th century. In the 21st, we have embraced a vast array of technology that enables constant access and surveillance of the most private aspects of our lives. From non-consensual pornography, to online extortion, to the sale of our data for profit, we are vulnerable to abuse. As Citron reveals, wherever we live, laws have failed miserably to keep up with corporate or individual violators, letting our...
Dec 17, 2022•35 min•Ep. 332
This groundbreaking book argues that the fundamental issues around how victim-survivors of digital gender-sexual violations (DGSVs) are abused can be understood in terms of gender and sexual dynamics, constructions, positioning and logics. Digital Gender-Sexual Violations: Violence, Technologies, Motivations (Routledge, 2022) builds upon Hall and Hearn's previous work, Revenge Pornography , but has been substantially reworked to examine other forms of DGSV such as upskirting and sexual deepfakes...
Dec 16, 2022•1 hr 10 min•Ep. 218
Chasing Wrongs and Rights: My Experience Defending Human Rights Around the World (Simon & Schuster, 2022) by Elaine Pearson, the Asia Director at Human Rights Watch, is an intimate account of her journey fighting for human rights across the world. Part personal journey, part insider’s peek into the work of international human rights organizations, Chasing Wrongs and Rights is also a primer on advocacy with governments, an indictment of Australia’s human rights record and foreign policy, a ca...
Dec 16, 2022•1 hr 26 min•Ep. 41
Half of Black Americans who live in the one hundred largest metropolitan areas are now living in suburbs, not cities. In Liberty Road: Black Middle-Class Suburbs and the Battle Between Civil Rights and Neoliberalism (NYU Press, 2022), Gregory Smithsimon shows us how this happened, and why it matters, unearthing the hidden role that suburbs played in establishing the Black middle-class. Focusing on Liberty Road, a Black middle-class suburb of Randallstown, Maryland, Smithsimon tells the remarkabl...
Dec 16, 2022•1 hr 21 min•Ep. 342
Political Scientists Alison Gash and Dan Tichenor have a new book, Democracy's Child: Young People and the Politics of Control, Leverage, and Agency (Oxford UP, 2022), that centers children and young people within the study of democratic politics, filling in a bit of a gap in the literature, especially in political science literature. Gash and Tichenor note in their research that young people are central in so many policy areas but are often not integrated into the policy discussions or applicat...
Dec 15, 2022•1 hr 3 min•Ep. 632
Long-haul truckers are the backbone of the American economy, transporting goods under grueling conditions and immense economic pressure. Truckers have long valued the day-to-day independence of their work, sharing a strong occupational identity rooted in a tradition of autonomy. Yet these workers increasingly find themselves under many watchful eyes. Data Driven: Truckers, Technology, and the New Workplace Surveillance (Princeton UP, 2022) examines how digital surveillance is upending life and w...
Dec 15, 2022•34 min•Ep. 53
What exactly can artificial intelligence do? It’s an issue some of the professions are grappling with – on the face of it, law is an area that rests on fine human judgment – but in fact many of tasks it involves can be performed by AI and if that is true for law then presumably it is also true for many other areas too. Daniel Susskind of Oxford University discusses his book The Future of the Professions: How Technology Will Transform the World of Human Experts (Oxford UP, 2022), Owen Bennett-Jon...
Dec 09, 2022•51 min•Ep. 42
In Wars of Law: Unintended Consequences in the Regulation of Armed Conflict (Cornell UP, 2020), Tanisha M. Fazal assesses the unintended consequences of the proliferation of the laws of war for the commencement, conduct, and conclusion of wars over the course of the past one hundred fifty years. Fazal outlines three main arguments: early laws of war favored belligerents, but more recent additions have constrained them; this shift may be attributable to a growing divide between lawmakers and thos...
Dec 08, 2022•1 hr 40 min•Ep. 176
Virginia L. Summey's book The Life of Elreta Melton Alexander: Activism within the Courts (U Georgia Press, 2022) explores the life and contributions of groundbreaking attorney, Elreta Melton Alexander Ralston (1919–98). In 1945 Alexander became the first African American woman to graduate from Columbia Law School. In 1947 she was the first African American woman to practice law in the state of North Carolina, and in 1968 she became the first African American woman to become an elected district ...
Dec 07, 2022•56 min•Ep. 45
Human Rights at Risk: Global Governance, American Power, and the Future of Dignity (Rutgers University Press, 2022) is a fascinating book that brings together social scientists, legal scholars, and humanities scholars from both the Global North and Global South to provide a challenge to understandings about normative and empirical claims to human rights. Salvador Santino F. Regilme Jr . and Irene Hadiprayitno's edited collection questions the effectiveness of international human rights instituti...
Dec 07, 2022•46 min•Ep. 175
Societies that are throwing off the yoke of authoritarian rule and beginning to build democracies face a daunting question: should they punish the representatives of the ancien regime or let bygones be bygones? In her interview, Professor Ruti Teitel talks both about these choices and more broadly about transitional justice as a field. Her book, Transitional Justice , published in year 2000 with Oxford University Press, takes this question to a new level with an interdisciplinary approach that c...
Dec 04, 2022•58 min•Ep. 40
This book cuts new ground, challenging the assumption of law as an objective concept. It draws out the way that binary frameworks situate and create the notion of the individual in law, delininating responsibilities and rights between concepts such as the state / individual, public / private, care / disability and capacity / incapacity. In The Spaces of Mental Capacity Law: Moving Beyond Binaries (Routledge, 2022) Dr. Beverley Clough draws into question spatial dynamics of law and disability. Wh...
Dec 03, 2022•53 min•Ep. 174
Eraldo Souza dos Santos talks about the invention of civil disobedience as a form of political action around the world, and the need for its redefinition to describe activism present and future. In the episode, he references John Rawls’s classic definition from A Theory of Justice (Harvard UP, 1971) and Erin Pineda’s new book, Seeing Like an Activist: Civil Disobedience and the Civil Rights Movement (Oxford UP, 2021). Eraldo Souza dos Santos is a philosopher and historian of political thought wh...
Dec 02, 2022•17 min•Ep. 103
