New Books in Law

From the beginning of the seventeenth century, French colonies and trading posts sprawled across the Atlantic and Indian Oceans. In the first pan-imperial history of the early French Empire in the English language, Mélanie Lamotte shows how an increasingly cohesive legal culture came to govern the lives of enslaved and free people of African, Malagasy, South Asian, and Native American descent. She also illuminates the important role played by these populations in the development of the empire, from Louisiana to Guadeloupe, Senegambia, Madagascar, Isle Bourbon, and India.

The early French Empire has often been portrayed as a fragmented conglomerate of isolated colonies or regions. Yet Lamotte shows that racial policies issued by the metropole, as well as by officials in the Atlantic and Indian Oceans, significantly influenced one another. Rather than focusing on the actions of administrators, however, Lamotte also reveals the extensive influence of people on the ground—especially those of non-European descent. Through their sexuality and their labor, along with their socio-economic and political endeavors, they played a critical role in building the empire and setting its limits. As they sought justice for themselves, strove to protect their kin, and aimed to improve their social conditions, these individuals also pushed against the advancement of white dominion in unexpected ways.

Archivally rich and rigorously documented, By Flesh and Toil: How Sex, Race, and Labor Shaped the Early French Empire (Harvard UP, 2026) illuminates the transoceanic connections that united the French colonial world—and recasts people of African, Malagasy, South Asian, and Native American descent as key actors in the story of empire-building.

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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International law scholars are often among the sharpest critics of the Trump administration—but what if the usual story misses something essential? In this episode, RBI interim director Eli Karetny speaks with NYU international law professor Robert Howse about Trump’s complicated relationship with the UN Charter system, from Gaza to Venezuela and Iran. The conversation also turns to political theory: Leo Strauss’s reputation as a neoconservative godfather, the shadow of Carl Schmitt, and how today’s MAGA New Right recycles older anxieties about liberalism, virtue, and masculinity.
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In Pathology of Plenty: Natural Resources in International Law (Bloomsbury 2025), Lys Kulamadayil offers a crucial examination of how international law shapes the exploitation of natural resources in post-colonial States. Kulamadayil reveals how international legal rules can be constitutive, punitive, remedial in creating the paradox of plenty in resource-rich States.

The book revisits the making of foundational principles like sovereignty over natural resources and economic self-determination as applied during decolonisation; explores how humanitarian frameworks have justified extraction of public natural resources; and traces the proliferation of international treaties that protect foreign property rights. The book also zooms in on legal paradigms ranging from contract law to anti-corruption, human rights, and criminal law, arguing that these frameworks often work together to create the pathology of plenty.

Through this interrogation, the book points to proposals to escape siloed ways of thinking about natural resources and embrace an intersectoral and anti-carceral thinking instead.

Lys Kulamadayil is a Swiss National Science Foundation Ambizione Fellow at the Graduate Institute of International and Development Studies in Geneva and the Principal Investigator of the project Law by Colour Code: Locating Race and Racism in International Law.

Raghavi Viswanath is a postdoctoral researcher and teaching fellow at SOAS, University of London. Her research, supported by the Leverhulme Trust, examines how pastoralists claim grazing rights under India’s Forest Rights Act 2006 and how the everyday processes of staking such claims has been impacted by the authoritarian turn in India. LinkedIn. Email:[email protected]
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"Sincerely held religious belief" is now a common phrase in discussions of American religious freedom, from opinions handed down by the US Supreme Court to local controversies. The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, framing what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held: American Secularism and Its Believers (U Chicago Press, 2022), Charles McCrary provides an original account of how sincerely held religious belief became the primary standard for determining what legally counts as authentic religion.
McCrary skillfully traces the interlocking histories of American sincerity, religion, and secularism starting in the mid-nineteenth century. He analyzes a diverse archive, including Herman Melville's novel The Confidence-Man, vice-suppressing police, Spiritualist women accused of being fortune-tellers, eclectic conscientious objectors, secularization theorists, Black revolutionaries, and anti-LGBTQ litigants. Across this history, McCrary reveals how sincerity and sincerely held religious belief developed as technologies of secular governance, determining what does and doesn't entitle a person to receive protections from the state.
This fresh analysis of secularism in the United States invites further reflection on the role of sincerity in public life and religious studies scholarship, asking why sincerity has come to matter so much in a supposedly "post-truth" era.
Dr. Charles McCrary is a scholar of American religion, focusing on secularism, religious freedom, race, and science. His work has been published in academic journals including the Journal of the American Academy of Religion, Religion & American Culture, and Religion. He also has written for popular outlets such as Religion & Politics, The Revealer, and The New Republic, many of which are linked in the show notes of this episode. Before coming to ASU, he was a postdoctoral research associate at the John C. Danforth Center on Religion and Politics at Washington University in St. Louis.
Read more by Charles McCrary:

"The Supreme Court and the Strange Politics of the 'Sincere Believer,'" Religion & Politics, Apr. 2022

"The Antisocial Strain of Sincere Religious Beliefs Is on the Rise," The New Republic, Apr. 2022

"The Baffling Legal Standard Fueling Religious Objections to Vaccine Mandates," The New Republic, Sept. 2021

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Jacob Mchangama, founder and director of the think tank Justitia, has written a one-volume history of freedom of thought, which ranges from the lone Demosthenes of 4th-century BCE Athens to the recent controversies regarding Donald Trump. In Free Speech: A History from Socrates to Social Media (Basic Books, 2022), Mchangama argues that the history of freedom of thought has recurrent themes, such as a free speech entropy: the perception of rulers or governments that if speech is not restricted then social or political decline or disorder is inevitable. Mchangama also notes how restrictions usually have the unintended effect of emboldening the speakers and making the forbidden speech even more attractive to potential listeners. This history also reveals advocates of free speech less familiar to Western readers, such as the ninth-century Persian scholar Ibn al-Rawandi, a theologian and later skeptic whose life illustrates the debates possible in medieval Islam. Mchangama reviews the modern debates regarding freedom of thought and the latest iterations of arguments about whether free speech will lead to social decline and chaos. Mchangama is a champion of free speech but his history provides a fair minded account of the concerns of speech restrictionists throughout history.
Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University.
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