Episodes

  • Anyone who has taken any interest in the politics of Thailand at all in the last two decades could not help but have noticed the part that the country’s judiciary has played in them. Whereas before the 2000s the courts had at best a peripheral role in political life there, in recent years judges have at times weighed in dramatically on high-stakes conflicts. The causes and consequences of these judicial interventions are the subjects of a new book by Duncan McCargo, Fighting for Virtue: Justice and Politics in Thailand (Cornell University Press, 2019). McCargo sets as his task to explain who Thai judges are, how their minds work, and why they became so invested in politics from 2006 onwards. He critiques the courts in Thailand as suffering from what he calls hyperlegalism, while also offering sympathetic portraits of judges he met and observed at work. His abiding concern is with the relationship of the bench to the crown, and with how by taking a virtuous position in defence of the monarchy judges lost opportunities to contribute to a more progressive and just society.
    Duncan McCargo has also recently published Future Forward: The Rise and Fall of a Thai Political Party (NIAS Press, 2020), with Anyarat Chattarakul.
    Like this interview? If so you might also be interested in:

    Tyrell Haberkorn, In Plain Sight: Impunity and Human Rights in Thailand


    Samson Lim, Siam’s New Detectives: Visualizing Crime and Conspiracy in Modern Thailand


    Nick Cheesman is a Fellow in the Department of Political & Social Change, Australian National University. He co-hosts the New Books in Southeast Asian Studies channel and hosts the New Books in Interpretive Political & Social Science series on the New Books Network.
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  • Ronald Deibert is a professor of Political Science at the University of Toronto and the Director of The Citizen Lab, a public interest research organization that uncovers privacy and human rights abuses on the internet.
    In his latest book, Reset: Reclaiming the Internet for Civil Society (House of Anansi Press, 2020), Deibert unites a growing corpus of academic literature on the perils of surveillance capitalism to show how today’s data-hungry communications technologies have poisoned our political institutions, our minds, and even our environment. Deibert believes that it is not too late to rescue our politics from our technology, and he argues that the answer lies not in silicon or code but age-old political principles. Look to Montesquieu, not Zuckerberg, Deibert tells us, if you want to find a stable framework for digital governance in the 21st century.
    On this episode, in addition to all the above, Professor Deibert and I explore the economic engines of surveillance capitalism, the dangers of ritualistic privacy policies, the internet’s immense carbon footprint, and the importance of data privacy law, among other topics.
    John Sakellariadis is a 2020-2021 Fulbright US Student Research Grantee. He holds a Master’s degree in public policy from the School of International and Public Affairs at Columbia and a Bachelor’s degree in History & Literature from Harvard University.
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  • There has recently been a sharp increase in cases where corporations have been sued by street and graffiti artists because their artworks had been used and exploited without the artists’ authorization, for example in advertising campaigns, as backdrops in promotional videos, or as decorating elements of products. This trend shows and confirms that these forms of art are vulnerable. They are actually more exposed to unauthorized exploitation (and destruction as well) than works of fine art, because they are placed in the public eye.Protecting Art in the Street: A Guide to Copyright in Street Art and Graffiti (Dokument Forlag, 2020) explains, with words and images, how copyright laws apply to street art and graffiti, and how they can be of help to creators within these artistic communities. Knowledge about these issues does matter. There has recently been a spike in legal actions or complaints against corporations and individuals that have tried to exploit commercially street artworks without the artists’ consent; and more importantly without sharing with them any profit. Also, legal actions have been brought by street artists to fight the destruction of their pieces.By adopting a simple language, Protecting Art in the Street constitutes an easy-to-understand guide aimed at navigating street artists and graffiti writers through otherwise difficult and intricate legal issues concerning the protection of their artistic outputs.Nick Pozek is Assistant Director at the Parker School of Foreign & Comparative Law at Columbia UniversityLearn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm

  • How do we understand the nuances of efforts by Christian conservatives to affect American law – and evaluate their success? What lessons do they hold for other social movements? Dr. Amanda Hollis-Brusky, associate professor of politics at Pomona College and Dr. Joshua C. Wilson, professor of Political Science at the University of Denver join the podcast to discuss Separate But Faithful: The Christian Right's Radical Struggle to Transform Law and Legal Culture (Oxford UP, 2020)
    The book evaluates whether activists pushing for lawyers and judges with a Christian Worldview have been able to achieve their goals and transform American legal culture. This impressive book contributes to our general understanding of social movements, legal mobilization, and constitutional development – but also the specifics of how the Christian Conservative Legal Movement (CCLM) has attempted to transform American law from secular and liberal to Christian and natural. While many people know of The Federalist Society’s attempts to influence scholarship, they may be less familiar with the push to create separate law schools and legal institutions that teach from a Christian worldview such as Regent University Law School, Liberty University Law School, and Ave Maria School of Law. This thoughtfully written and well-researched book uses a modified version of Support Structure Theory and extensive data collected by the authors to interrogate why the New Christian Right rejected the lower-cost, lower risk infiltration approach to support structure building in favor of “a mix of parallel alternative and supplemental approaches.” The book includes a helpful model (the Support Structure Pyramid) for conceptualizing litigation-based movement support structures, institutions, and their relationship to legal change. The podcast includes a conversation about the evolution of that particular conception (and what the authors might change). Their analysis of different forms of capital (human, social, cultural, and intellectual) allows Hollis-Brusky and Wilson to assess the actual and potential capital outputs of each institution and the extent to which the Christian Conservative Legal Movement achieved their goals. The Christian Right has struggled to influence the legal and political mainstream but it has succeeded in creating a space of resistance to unify and connect those who seek to challenge “a dominant legal culture” seen as “incorrigibly liberal.” In the podcast, the authors discuss how they brought together Hollis-Brusky’s scholarship on the Federalist Society (Ideas With Consequences: The Federalist Society and the Conservative Counterrevolution (Oxford, 2019) and Wilson’s earlier research on The Street Politics of Abortion: Speech, Violence, and American’s Culture Wars (Stanford, 2013) to create this nuanced, collaborative book.
    Susan Liebell is an associate professor of political science at Saint Joseph’s University in Philadelphia. Why Diehard Originalists Aren’t Really Originalists recently appeared in the Washington Post’s Monkey Cage and “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” was published in the Journal of Politics (July 2020). Email her comments at sliebell@sju.edu or tweet to @SusanLiebell.
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  • “The autarkic European nation-state, if it ever existed, was the exception rather than the rule. Nevertheless it is the myth of the self-sufficient nation-state that lies at the heart of much scholarship on post-WWII European integration,” writes Signe Rehling Larsen in The Constitutional Theory of the Federation and the European Union (Oxford University Press, 2021).
    “Instead of interpreting the EU in line with previous projects of market creation through empire and federation, the story of the post-WWII project of European integration is often interpreted as a ‘conflict’ or ‘competition’ between the Union and the Member States as the dominant forces in a zero-sum game”.
    Without taking sides in Europe’s proxy culture war, Larsen’s ground-breaking new book of “political jurisprudence” dispenses with the state as a template for the EU. Rather, she examines the “federal union of states” in America before the Civil War, Germany’s 19th-century experiments with confederations, and the imperial experience to understand a union that is anything but sui generis.
    Signe Rehling Larsen is a Fellow by Examination at Magdalen College, Oxford and was previously a Max Weber Fellow in Law at the European University Institute in Florence.
    *The author's own book recommendations are Liberty and Coercion: The Paradox of American Government from the Founding to the Present by Gary Gerstle (Princeton University Press, 2015) and Cars, Trains, Ships and Planes: A Visual Encyclopedia to Every Vehicle (DK Children, 2015).

    Tim Gwynn Jones is an economic and political-risk analyst at Medley Global Advisors.
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  • Ownership and Inheritance in Sanskrit Jurisprudence (Oxford UP, 2021) provides an account of various theories of ownership (svatva) and inheritance (dāya) in Sanskrit jurisprudential literature (Dharmaśāstra). It examines the evolution of different juridical models of inheritance--in which families held property in trusts or in tenancies-in-common--against the backdrop of related developments in the philosophical understanding of ownership in the Sanskrit text-traditions of hermeneutics (Mīmāṃsā) and logic (Nyāya) respectively.
    Christopher T. Fleming reconstructs medieval Sanskrit theories of property and traces the emergence of various competing schools of Sanskrit jurisprudence during the early modern period (roughly fifteenth-nineteenth centuries) in Bihar, Bengal, and Varanasi. Fleming attends to the ways in which ideas from these schools of jurisprudence shaped the codification of Anglo-Hindu personal law by administrators of the British East India Company during the late eighteenth and early nineteenth centuries. While acknowledging the limitations of colonial conceptions of Dharmaśāstra as positive law, this study argues for far greater continuity between pre-colonial and colonial Sanskrit jurisprudence than accepted previously. It charts the transformation of the Hindu law of inheritance--through precedent and statute--over the late nineteenth, twentieth, and early twenty-first centuries
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  • Much of the world's politics revolve around questions about the development of the international market for drugs; the roles merchants, government officials, and drug manufacturers played in shaping this market over time and space; and the process of globalization. There are no easy answers to these questions, but the decisions that all of us make about them will have tremendous consequences for individuals and for the planet in the future.
    Kenneth V. Faunce's new book Heavy Traffic: The Global Drug Trade in Historical Perspective (Oxford UP, 2020) helps students to understand globalization not as an inevitable or natural process, but instead as one that is created by and responds to a variety of human motivations. Examining the international trade in coffee, alcohol, opium, heroin, and cocaine, which have had a significant impact on economies and societies in countries around the world, it offers insight into globalization as a historical process, thereby helping to make sense of today's interconnected world, where products grown or produced in only a handful of places circulate widely, with varying impacts on local populations.
    Lucas Richert is an associate professor in the School of Pharmacy at the University of Wisconsin, Madison. He studies intoxicating substances and the pharmaceutical industry. He also examines the history of mental health.
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  • What does the birth of babies whose embryos have gone through genome editing mean—for science and for all of us?
    In November 2018, the world was shocked to learn that two babies had been born in China with DNA edited while they were embryos—as dramatic a development in genetics as the 1996 cloning of Dolly the sheep. In this book, Hank Greely, a leading authority on law and genetics, tells the fascinating story of this human experiment and its consequences in CRISPR People: The Science and Ethics of Editing Humans (The MIT Press, 2021). Greely explains what Chinese scientist He Jiankui did, how he did it, and how the public and other scientists learned about and reacted to this unprecedented genetic intervention.
    The two babies, nonidentical twin girls, were the first “CRISPR'd” people ever born (CRISPR, Clustered Regularly Interspaced Short Palindromic Repeats, is a powerful gene-editing method). Greely not only describes He's experiment and its public rollout (aided by a public relations adviser) but also considers, in a balanced and thoughtful way, the lessons to be drawn both from these CRISPR'd babies and, more broadly, from this kind of human DNA editing—“germline editing” that can be passed on from one generation to the next.
    Greely doesn't mince words, describing He's experiment as grossly reckless, irresponsible, immoral, and illegal. Although he sees no inherent or unmanageable barriers to human germline editing, he also sees very few good uses for it—other, less risky, technologies can achieve the same benefits. We should consider the implications carefully before we proceed.
    Galina Limorenko is a doctoral candidate in Neuroscience with a focus on biochemistry and molecular biology of neurodegenerative diseases at EPFL in Switzerland. To discuss and propose the book for an interview you can reach her at galina.limorenko@epfl.ch.
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  • Even without the loss of the City of London from its jurisdiction, the EU has gone through a decade-long revolution in financial supervision and regulation since Lehman Brothers’ bankruptcy in 2008.
    The directives and regulations introduced in the wake of the crisis took years to negotiate, implement and stress-test against political reality in the last five years. The second wave of the crisis, which exposed the “doom loop” between fiscally weak states and their pet banks, spawned the European Banking Union but left some crucial remedial work undone.
    In this update of their 2015 edition of European Banking and Financial Law (Routledge, 2020), Matthias Haentjens and Pierre de Gioia Carabellese provide a comprehensive description and analysis of this growing body of new law, its origins, and policy implications.
    Matthias Haentjens is professor of law, director of the Hazelhoff Centre for Financial Law at the University of Leiden, and a deputy judge in the district court of Amsterdam.
    *His book recommendations are Stalingrad by Vasily Grossman (1952 – translated by Robert Chandler – Harvill Secker, 2019) and Made at Home by Giorgio Locatelli (Fourth Estate, 2017).
    Tim Gwynn Jones is an economic and political-risk analyst at Medley Global Advisors.
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  • Is the Indo-Pacific already the most dominant in terms of global power, politics, and wealth? In his newest book, Michael R. Auslin considers the key issues facing the Indo-Pacific which have ramifications for the entire world. Geopolitical competition in the region threatens stability not just in Asia, but globally. 
    In a series of essays, Asia's New Geopolitics: Essays on Reshaping the Indo-Pacific (Hoover Institution Press, 2020) Auslin examines the key issues that are changing the balance of power in Indo-China and globally. He examines China's aggressive global policies and strategies, and its attempts to bend the world to its wishes. 
    He argues that the global focus on the Sino-US competition for power has obscured "Asia's other great game" - the rivalry between long-time foes, China and Japan. He questions whether Kim-Jong-un can control his nuclear weaponry and the implications for safety if he cannot. 
    Auslin examines the plight of women in India and asks whether its "missing women" are potentially hampering any role that India might play on the global stage. Underlying these concerns, the book analyses U.S. strategy in region. If there is be a shift in the global balance of power, what role can and should the U.S. take in limiting China's hegemony? 
    The dramatic final chapter paints a bleak picture of a Sino-American Littoral war in the very near future. Is this the geopolitical trajectory in the Indo-Pacific? Michael R. Auslin offers a "future-history" of what soon could be. 
    Michael Auslin, PhD, is the Payson J. Treat Distinguished Research Fellow in Contemporary Asia at the Hoover Institution, Stanford University. A historian by training, he specializes in US policy in Asia and geopolitical issues in the Indo-Pacific region.  
    Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK
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  • A core duty of government is keeping those it governs safe. However, in modern democratic states, government is structured by a Constitution, which establishes constraints and checks on the power of any one office. But emergencies – from natural disasters to terrorist attacks – often call for a swift response that presses against those constraints and checks. In the United States, the President has claimed the authority to do what’s necessary to secure and protect the American people. Can such claims be squared with a commitment to the Constitution?
    In Overcoming Necessity: Emergency, Constraint, and the Meanings of American Constitutionalism (Yale 2021), Thomas Crocker argues for a conception of American constitutionalism that can address the need for government to respond to emergencies without losing its normative bearings.
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  • From facial recognition to online shopping, artificial intelligence has become the backbone of the internet and has led to an unprecedented extraction and utilization of personal data. As a result, AI has rapidly outpaced existing free speech, privacy, and national security law.
    In The Centaur’s Dilemma: National Security Law for the Coming AI Revolution (Brookings Institute Press, 2020), Judge James E. Baker deploys his extensive experience in national security law to argue for AI regulation through legislation. By first tackling the creation of a precise definition of artificial intelligence, Judge Baker then vividly explains the national security applications and implications of AI. In part two, he goes about suggesting a purposeful, legal framework for addressing those national security applications and implications while exploring legal arguments in the absence of clear laws. This timely and insightful work provides an accessible primer of AI for legal generalists while demonstrating how technologists can thoroughly think about the safety and ethics of artificial intelligence.
    Kyle Beadle is a recent graduate of Louisiana State University, where he studied International Studies and Spanish. He is now seeking a master’s in International Relations and Security.
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  • Whether engaged in same-sex desire or gender nonconformity, black queer individuals live with being perceived as a threat while simultaneously being subjected to the threat of physical, psychological, and socioeconomic injury. Attending to and challenging threats has become a defining element in queer black artists’ work throughout the black diaspora. 
    In Black Queer Freedom: Spaces of Injury and Paths of Desire (U Illinois Press, 2020), GerShun Avilez analyzes the work of diasporic artists who, denied government protections, have used art to create spaces for justice. He first focuses on how the state seeks to inhibit the movement of black queer bodies through public spaces, whether on the street or across borders. From there, he pivots to institutional spaces--specifically prisons and hospitals--and the ways such places seek to expose queer bodies in order to control them. Throughout, he reveals how desire and art open routes to black queer freedom when policy, the law, racism, and homophobia threaten physical safety, civil rights, and social mobility.
    Order this book through University of Illinois Press and use this code to get a discount: F20UIP
    GerShun Avilez is an associate professor of English at the University of Maryland. He is the author of Radical Aesthetics and Modern Black Nationalism.
    John Marszalek III is author of Coming Out of the Magnolia Closet: Same-Sex Couples in Mississippi (2020, University Press of Mississippi). He is clinical faculty of the Clinical Mental Health Counseling Program at Southern New Hampshire University. John is on Twitter at @marsjf3.
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  • In Scorched Earth: Environmental Warfare as a Crime Against Humanity and Nature (Princeton UP, 2021), Emmanuel Kreike offers a global history of environmental warfare and makes the case for why it should be a crime. The environmental infrastructure that sustains human societies has been a target and instrument of war for centuries, resulting in famine and disease, displaced populations, and the devastation of people’s livelihoods and ways of life. Scorched Earth traces the history of scorched earth, military inundations, and armies living off the land from the sixteenth to the twentieth century, arguing that the resulting deliberate destruction of the environment—"environcide"—constitutes total war and is a crime against humanity and nature. 
    In this sweeping global history, Emmanuel Kreike shows how religious war in Europe transformed Holland into a desolate swamp where hunger and the black death ruled. He describes how Spanish conquistadores exploited the irrigation works and expansive agricultural terraces of the Aztecs and Incas, triggering a humanitarian crisis of catastrophic proportions. Kreike demonstrates how environmental warfare has continued unabated into the modern era. His panoramic narrative takes readers from the Thirty Years' War to the wars of France's Sun King, and from the Dutch colonial wars in North America and Indonesia to the early twentieth-century colonial conquest of southwestern Africa. Shedding light on the premodern origins and the lasting consequences of total war, Scorched Earth explains why ecocide and genocide are not separate phenomena, and why international law must recognize environmental warfare as a violation of human rights.
    Dr. Emmanuel Kreike is a professor of history at Princeton University. He holds a Ph.D. in African history from Yale University (1996) and a Dr. of Science (PhD) in Tropical Forestry from the School of Environmental Sciences, Wageningen University (2006), the Netherlands. His research and teaching interests focus on the intersection of war/violence, population displacement, environment, and society.
    Ahmed Yaqoub AlMaazmi is a Ph.D. candidate at Princeton University. His research focuses on the intersection of law and the environment across the Western Indian Ocean. He can be reached by email at almaazmi@princeton.edu or on Twitter @Ahmed_Yaqoub. Listeners’ feedback, questions, and book suggestions are most welcome.
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  • How do you hold a government accountable for crimes it refuses to acknowledge? 
    Today's book, The International People's Tribunal for 1965 and the Indonesian Genocide (Routledge, 2019) emerges out of the International People's Tribunal for 1965. Rooted in a longer tradition of People's Tribunals, the IPT was an effort to remind civil society of the mass violence in Indonesia beginning in 1965 and to exert pressure on the Indonesian government and military to acknowledge the violence, hold perpetrators accountable and provide redress for victims. Today's guests played a prominent role in organizing and supporting the IPT. Their book serves as something of a history of the IPT and a summary of the evidence provided. But it also serves as kind of survey of the field at a critical moment in the study of the violence.
    In the interview, we talk about the IPT and its origin, organization and outcomes. We also try to situate the IPT in the broader context of scholarship about mass violence in Indonesia. And we talk about the interesting role of academics as public intellectuals and activists.
    Kelly McFall is Professor of History and Director of the Honors Program at Newman University.
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  • Political scientist Lara Brown’s new book, Amateur Hour, is a complex and important multi-method study of the presidency, starting from the original conception of the office at the constitutional convention and George Washington’s role as the first occupant of the office. The centerpiece of Amateur Hour: Presidential Character and the Question of Leadership (Routledge, 2020) is the focus on our understanding—from the time of Washington, through Lincoln, to the contemporary period—of the role that character should play, but often has not, of late, in terms of the person elected to the White House and how they conduct themselves in the office and as a leader. Brown’s analysis interrogates the scholarship around the concept of presidential psychology and leadership, while unpacking the connections between leadership in this complicated elected office and how we have, more recently, elected presidents who are often lacking in experience, and why this is problematic.Amateur Hour integrates historical analysis of American political development alongside contemporary methodological tools developed to assess leadership qualities. Brown brings a deep knowledge of the presidency to the evaluation of our contemporary presidents, those elected post-Watergate, and compels the reader to consider the interaction of character, leadership, and the demands of the office on each of the individuals who has been elected to the presidency since 1976. Amateur Hour joins a growing stable of recent books that focus on the American presidency and those who have been elected to the office, with attention to some of the weaknesses we have come to observe in the constitutional structure and functioning of the Executive Branch.
    Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015).
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  • F. B. Chang and S. T. Rucker-Chang's Roma Rights and Civil Rights: A Transatlantic Comparison (Cambridge UP, 2020) tackles the movements for - and expressions of - equality for Roma in Central and Southeast Europe and African Americans from two complementary perspectives: law and cultural studies. Interdisciplinary in approach, the book engages with comparative law, European studies, cultural studies, and critical race theory. Its central contribution is to compare the experiences of Roma and African Americans regarding racialization, marginalization, and mobilization for equality. Deploying a novel approach, the book challenges conventional notions of civil rights and paradigms in Romani studies.
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  • The tradition of political liberalism has a long and complicated history, filled with twists, turns, critiques and responses that have filled books, essays and lectures for several centuries now. Questions of the importance and limitations of individual rights and how to balance different interests have produced no shortage of theoretical conflict as different figures have attempted to make sense of the importance and limits of individuals and their rights. 
    Diving right into this debate is Matt McManus, returning again to the New Books Network to discuss his recent book A Critical Legal Examination of Liberalism and Liberal Rights (Palgrave, 2020). Going back as far as Burke, Hobbes, Kant and Locke, and then through critiques of liberalism from both radically progressive and reactionary orientations, the book traces the various ideas of liberalism up to the present in figures such as Habermas, Rawls and MacIntyre. It also posits it’s own understanding of liberalism, which emphasizes every individual's right to self-authorship as a central pillar for developing the liberal project. Crossing the fields of history, philosophy, political theory and law, the book offers a number of interventions across an array of fields, and will be of immense use to those seeking to understand some of the most pressing concerns of our time.
    Matt McManus is a professor of politics at Whitman College. He is the author of a number of books, including The Rise of Postmodern Conservatism, and is also one of the coauthors of Myth and Mayhem: A Leftist Critique of Jordan Peterson, both of which we discussed in previous episodes of this podcast.
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  • Today I talked to Chris Hamby about his book Soul Full of Coal Dust: The True Story of an Epic Battle for Justice (Little Brown, 2020). Hamby looks into why there has been a surge in black-lung disease in West Virginia and elsewhere in recent years. Poor self-policing and rapacious business practices go a long way in explaining the upsurge. Add in a tradition of fatalism caused by King Coal, and it becomes a minor miracle –but a miracle all the same—that some miners have been able to secure a measure of justice.
    Chris Hamby is an investigative reporter for the New York Times. He won the Pulitzer Prize for Investigative Journalism in 2014 and was a finalist for the Pulitzer Prize in International Reporting in 2017.
    Dan Hill, PhD, is the author of eight books and leads Sensory Logic, Inc. (https://www.sensorylogic.com). To check out his related “Dan Hill’s EQ Spotlight” blog, visit https://emotionswizard.com.
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  • Christoph Menke, who is professor of philosophy at the Goethe University in Frankfurt Germany and considered the most important representative of the third generation of the "Frankfurt School of Critical Theory", presents in Critique of Rights (Polity Press 2020) a critical reflection on modern normativity in the so-called "Western world". More specifically: He analyzes “subjective rights”. To have a right means to have a justified and binding claim. Now Menke exposes in his book – which is both a genealogy and an ontology of law – that these “subjective rights”, which mark the birth of bourgeois society, have ambivalent properties. They are not only expressions of individuality and freedom everybody of us enjoys today as the most important achievement that Enlightenment has transferred to us. They also create what Karl Marx called "the entitlement of the egoistic human being, set apart from his fellow human being and from the community”. Private interests become the new natural basis for politics. Contrary to what one might think “subjective rights” do not empower the citizens of a political community but disempower them.
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