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Slandering the Sacred
Blasphemy Law and Religious Affect in Colonial India
J. Barton Scott
University of Chicago Press, 2023
A history of global secularism and political feeling through colonial blasphemy law.
 
Why is religion today so often associated with giving and taking offense? To answer this question, Slandering the Sacred 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.
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Sexual States
Governance and the Struggle over the Antisodomy Law in India
Jyoti Puri
Duke University Press, 2016
In Sexual States Jyoti Puri tracks the efforts to decriminalize homosexuality in India to show how the regulation of sexuality is fundamentally tied to the creation and enduring existence of the state. Since 2001 activists have attempted to rewrite Section 377 of the Indian Penal Code, which in addition to outlawing homosexual behavior is often used to prosecute a range of activities and groups that are considered perverse. Having interviewed activists and NGO workers throughout five metropolitan centers, investigated crime statistics and case law, visited various state institutions, and met with the police, Puri found that Section 377 is but one element of how homosexuality is regulated in India. This statute works alongside the large and complex system of laws, practices, policies, and discourses intended to mitigate sexuality's threat to the social order while upholding the state as inevitable, legitimate, and indispensable. By highlighting the various means through which the regulation of sexuality constitutes India's heterogeneous and fragmented "sexual state," Puri provides a conceptual framework to understand the links between sexuality and the state more broadly. 
 
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A Rule of Property for Bengal
An Essay on the Idea of Permanent Settlement
Ranajit Guha
Duke University Press, 1996
A Rule of Property for Bengal is a classic work on the history of colonial India. First published in 1963, and long unavailable in this country, it is an essential text in the areas of colonial and postcolonial studies. In this book, Ranajit Guha examines the British establishment of the Permanent Settlement of Bengal—the first major administrative intervention by the British in the region and an effort to impose a western notion of private property on the Bengal countryside. Guha’s study of the intellectual origins, goals, and implementation of this policy provides an in-depth view of the dynamics of colonialism and reflects on the lasting effect of that dynamic following the formal termination of colonial rule.
By proclaiming the Permanent Settlement in 1793, the British hoped to promote a prosperous capitalist agriculture of the kind that had developed in England. The act renounced for all time the state’s right to raise the assessment already made upon landowners and thus sought to establish a system of property that was, in the British view, necessary for the creation of a stable government. Guha traces the origins of the Permanent Settlement to the anti-feudal ideas of Phillip Francis and the critique of feudalism provided by physiocratic thought, the precursor of political economy. The central question the book asks is how the Permanent Settlement, founded in anti-feudalism and grafted onto India by the most advanced capitalist power of the day became instrumental in the development of a neo-feudal organization of landed property and in the absorption and reproduction of precapitalist elements in a colonial regime.
Guha’s examination of the British attempt to mold Bengal to the contours of its own society without an understanding of the traditions and obligations upon which the Indian agrarian system was based is a truly pioneering work. The implications of A Rule of Property for Bengal remain rich for the current discussions from the postcolonialist perspective on the meaning of modernity and enlightenment.
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Japanese Law
An Economic Approach
J. Mark Ramseyer and Minoru Nakazato
University of Chicago Press, 1998
In this introduction to Japanese law, J. Mark Ramseyer and Minoru Nakazato combine an economic approach with a clear and often amusing account of the law itself to challenge commonly held ideas about the law. Arguing against such things as the assumption that Japanese law differs from law in the United States and the idea that law plays only a trivial role in Japan or is culturally determined, this book will be recognized as a major contribution to the understanding of Japanese law.

"A compelling economic analysis. . . . This book remains one of the few concerning Japanese law that successfully brings to life the legal culture of Japan." —Bonnie L. Dixon, New York Law Journal
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Japanese Law in Context
Readings in Society, the Economy, and Politics
Curtis J. Milhaupt
Harvard University Press, 2001
This is a wide-ranging selection of 130 readings in Japanese law. The essays, extracted from previously published books and articles, cover subjects including historical context, the civil law tradition, the legal services industry, dispute resolution, constitutional law, contracts, torts, criminal law, family law, employment law, corporate law, and economic regulation. This unique collection of readings is accompanied by the texts of the Japanese constitution and other basic laws.
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Law in Everyday Japan
Sex, Sumo, Suicide, and Statutes
Mark D. West
University of Chicago Press, 2005
Lawsuits are rare events in most people's lives. High-stakes cases are even less commonplace. Why is it, then, that scholarship about the Japanese legal system has focused almost exclusively on epic court battles, large-scale social issues, and corporate governance? Mark D. West's Law in Everyday Japan fills a void in our understanding of the relationship between law and social life in Japan by shifting the focus to cases more representative of everyday Japanese life.

Compiling case studies based on seven fascinating themes—karaoke-based noise complaints, sumo wrestling, love hotels, post-Kobe earthquake condominium reconstruction, lost-and-found outcomes, working hours, and debt-induced suicide—Law in Everyday Japan offers a vibrant portrait of the way law intermingles with social norms, historically ingrained ideas, and cultural mores in Japan. Each example is informed by extensive fieldwork. West interviews all of the participants-from judges and lawyers to defendants, plaintiffs, and their families-to uncover an everyday Japan where law matters, albeit in very surprising ways.
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Going to Court to Change Japan
Social Movements and the Law in Contemporary Japan
Patricia G. Steinhoff, Editor
University of Michigan Press, 2014
Going to Court to Change Japan takes us inside movements dealing with causes as disparate as death by overwork, the rights of the deaf, access to prisoners on death row, consumer product safety, workers whose companies go bankrupt, and persons convicted of crimes they did not commit. Each of the six fascinating case studies stands on its own as a detailed account of how a social movement has persisted against heavy odds to pursue a cause through the use of the courts.
The studies pay particular attention to the relationship between the social movement and the lawyers who handle their cases, usually pro bono or for minimal fees. Through these case studies we learn much about how the law operates in Japan as well as how social movements mobilize and innovate to pursue their goals using legal channels. The book also provides a general introduction to the Japanese legal system and a look at how recent legal reforms are working.
Going to Court to Change Japan will interest social scientists, lawyers, and anyone interested in the inner workings of contemporary Japan. It is suitable for use in a wide range of undergraduate and graduate courses on Japan in social sciences and law, and can also provide a comparative perspective to general courses in these fields. Contributors include John H. Davis Jr., Daniel H. Foote, Patricia L. Maclachlan, Karen Nakamura, Scott North, Patricia G. Steinhoff, and Christena Turner.
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Second-Best Justice
The Virtues of Japanese Private Law
J. Mark Ramseyer
University of Chicago Press, 2015
It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent.

With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically.

An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare. 
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Law and Social Change in Postwar Japan
Frank K. Upham
Harvard University Press, 1987

Many people believe that conflict in the well-disciplined Japanese society is so rare that the Japanese legal system is of minor importance. Frank Upham shows conclusively that this view is mistaken and demonstrates that the law is extensively used, on the one hand, by aggrieved groups to articulate their troubles and mobilize political support and, on the other, by the government to channel and manage conflict after it has arisen.

This is the first Western book to take law seriously as an integral part of the dynamics of Japanese business and society, and to show how an informal legal system can work in a complex industrial democracy. Upham does this by focusing on four recent controversies with broad social implications: first, how Japan dealt with the world’s worst industrial pollution and eventually became a model for Western environmental reforms; second, how the police and courts have allowed one Japanese outcast group to use carefully orchestrated physical coercion to achieve wide-ranging affirmative action programs; third, how Japanese working women used the courts to force employers to eliminate many forms of discrimination and eventually convinced the government to pass an equal employment opportunity act; and, finally, how the Ministry of International Trade and Industry and various sectors of Japanese industry have used legal doctrine to cope with the dramatic changes in Japan’s economy over the last twenty-five years.

Readers interested in the interaction of law and society generally; those interested in contemporary Japanese sociology, politics, and anthropology; and American lawyers, businessmen, and government officials who want to understand how law works in Japan will all need this unusual new book.

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Measuring Judicial Independence
The Political Economy of Judging in Japan
J. Mark Ramseyer and Eric B. Rasmusen
University of Chicago Press, 2003
The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics.

The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage.

On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions.

Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.
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Public Law, Private Practice
Politics, Profit, and the Legal Profession in Nineteenth-Century Japan
Darryl E. Flaherty
Harvard University Press, 2013

Long ignored by historians and repudiated in their time, practitioners of private law opened the way toward Japan’s legal modernity. From the seventeenth to the turn of the twentieth century, lawyers and their predecessors changed society in ways that first samurai and then the state could not. During the Edo period (1600–1868), they worked from the shadows to bend the shogun’s law to suit the market needs of merchants and the justice concerns of peasants. Over the course of the nineteenth century, legal practitioners changed law from a tool for rule into a new epistemology and laid the foundation for parliamentary politics during the Meiji era (1868–1912).

This social and political history argues that legal modernity sprouted from indigenous roots and helped delineate a budding nation’s public and private spheres. Tracing the transition of law regimes from Edo to Meiji, Darryl E. Flaherty shows how the legal profession emerged as a force for change in modern Japan and highlights its lasting contributions in founding private universities, political parties, and a national association of lawyers that contributed to legal reform during the twentieth century.

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MacArthur's Japanese Constitution
Kyoko Inoue
University of Chicago Press, 1991
The Japanese constitution as revised by General MacArthur in 1946, while generally regarded to be an outstanding basis for a liberal democracy, is at the same time widely considered to be—in its Japanese form—an document which is alien and incompatible with Japanese culture. Using both linguistics and historical data, Kyoto Inoue argues that despite the inclusion of alien concepts and ideas, this constitution is nonetheless fundamentally a Japanese document that can stand on its own.

"This is an important book. . . . This is the most significant work on postwar Japanese constitutional history to appear in the West. It is highly instructive about the century-long process of cultural conflict in the evolution of government and society in modern Japan."—Thomas W. Burkman, Monumenta Nipponica
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Faking Liberties
Religious Freedom in American-Occupied Japan
Jolyon Baraka Thomas
University of Chicago Press, 2019
Religious freedom is a founding tenet of the United States, and it has frequently been used to justify policies towards other nations. Such was the case in 1945 when Americans occupied Japan following World War II. Though the Japanese constitution had guaranteed freedom of religion since 1889, the United States declared that protection faulty, and when the occupation ended in 1952, they claimed to have successfully replaced it with “real” religious freedom.

Through a fresh analysis of pre-war Japanese law, Jolyon Baraka Thomas demonstrates that the occupiers’ triumphant narrative obscured salient Japanese political debates about religious freedom. Indeed, Thomas reveals that American occupiers also vehemently disagreed about the topic. By reconstructing these vibrant debates, Faking Liberties unsettles any notion of American authorship and imposition of religious freedom. Instead, Thomas shows that, during the Occupation, a dialogue about freedom of religion ensued that constructed a new global set of political norms that continue to form policies today.
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Thought Crime
Ideology and State Power in Interwar Japan
Max M. Ward
Duke University Press, 2019
In Thought Crime Max M. Ward explores the Japanese state's efforts to suppress political radicalism in the 1920s and 1930s. Ward traces the evolution of an antiradical law called the Peace Preservation Law, from its initial application to suppress communism and anticolonial nationalism—what authorities deemed thought crime—to its expansion into an elaborate system to reform and ideologically convert thousands of thought criminals throughout the Japanese Empire. To enforce the law, the government enlisted a number of nonstate actors, who included monks, family members, and community leaders. Throughout, Ward illuminates the complex processes through which the law articulated imperial ideology and how this ideology was transformed and disseminated through the law's application over its twenty-year history. In so doing, he shows how the Peace Preservation Law provides a window into understanding how modern states develop ideological apparatuses to subject their respective populations.
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Human Rights in Korea
Historical and Policy Perspectives
William Shaw
Harvard University Press, 1991

These chapters by eight Korea specialists present a new approach to human rights issues in Korea. Instead of using an external and purely contemporary standard, the authors work from within Korean history, treating the successive phases of Korea’s modern century to examine the uneasy fate of human rights and some of the ideas of human rights as they have developed in the Korean context. Beginning with the Independence Club of the late nineteenth century and continuing through to the constitutional and judicial structures underlying the Sixth Republic Government of Roh Tae Woo in South Korea, these papers illuminate the sometimes complex interactions between modern Korean human-rights issues and the legacies of Korean culture and colonial occupation.

The contributors provide a corrective to two common errors: one, an overemphasis on the tension between residual Confucian culture and human-rights concepts; two, the opposite error, a defensive nationalism that gives rise to ill-founded efforts to identify democratic antecedents in the Korean past. Instead, these authors allow each episode in the emergence of Korean human rights thought and action to stand in the context of its own time and of Korea’s modern history. The final sections deal with the usefulness and appropriateness of U.S. policies toward human rights in South Korea and comparatively with the overall issues raised in the volume.

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Pakistan’s Blasphemy Laws
From Islamic Empires to the Taliban
By Shemeem Burney Abbas
University of Texas Press, 2013

Under the guise of Islamic law, the prophet Muhammad’s Islam, and the Qur’an, states such as Pakistan, Afghanistan, Egypt, Saudi Arabia, and Bangladesh are using blasphemy laws to suppress freedom of speech. Yet the Prophet never tried or executed anyone for blasphemy, nor does the Qur’an authorize the practice. Asserting that blasphemy laws are neither Islamic nor Qur‘anic, Shemeem Burney Abbas traces the evolution of these laws from the Islamic empires that followed the death of the Prophet Muhammad to the present-day Taliban. Her pathfinding study on the shari’a and gender demonstrates that Pakistan’s blasphemy laws are the inventions of a military state that manipulates discourse in the name of Islam to exclude minorities, women, free thinkers, and even children from the rights of citizenship.

Abbas herself was persecuted under Pakistan’s blasphemy laws, so she writes from both personal experience and years of scholarly study. Her analysis exposes the questionable motives behind Pakistan’s blasphemy laws, which were resurrected during General Zia-ul-Haq’s regime of 1977–1988—motives that encompassed gaining geopolitical control of the region, including Afghanistan, in order to weaken the Soviet Union. Abbas argues that these laws created a state-sponsored “infidel” ideology that now affects global security as militant groups such as the Taliban justify violence against all “infidels” who do not subscribe to their interpretation of Islam. She builds a strong case for the suspension of Pakistan’s blasphemy laws and for a return to the Prophet’s peaceful vision of social justice.

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Law and Kingship in Thailand During the Reign of King Chulalongkorn
David M. Engel
University of Michigan Press, 1975
This essay originated in an attempt to bring together the study of law and Thai history in a description of the transformation of Thailand during the late nineteenth and early twentieth centuries as seen from a legal point of view. The resulting work is based for the most part upon those royal enactments from 1873 to 1910 which seemed most crucially to affect the executive, legislative, and judicial functions of the king and the rights of private citizens. [ix]
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Rules and Processes
John L. Comaroff and Simon Roberts
University of Chicago Press, 1986
Rules and Processes is at once a compelling essay in social theory and a pathbreaking ethnography of dispute in an African society. On the basis of a sensitive study of the Tswana of southern Africa, John Comaroff and Simon Roberts challenge most of the orthodoxies of legal anthropology. They argue that the social world, and the dispute processes that occur within it, are given form and meaning by a dialectical relationship between sociocultural structures and individual experience. The authors explore in a novel way the relations between culture and ideology, system and practice, social action and human intention. They develop a model that lays bare the form and content of "legal" and "political" discourse in all its variations—a model that accounts for the outcome of conflict processes and explains why the Tswana, like people in other cultures, conceive of their world in an apparently contradictory manner—as rule-governed yet inherently open to pragmatic individualism; orderly yet inherently fluid and shifting. Rules and Processes offers a fresh and persuasive approach to our understanding of the dialectics of social life.

"A work of impressive scholarship in which theoretical sophistication and ethnographic richness are convincingly matched."—Ian Hamnett, Times Higher Education Supplement.
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African Asylum at a Crossroads
Activism, Expert Testimony, and Refugee Rights
Iris Berger
Ohio University Press, 2015

African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony.

Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate.

Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte Walker-Said.

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Questioning Secularism
Islam, Sovereignty, and the Rule of Law in Modern Egypt
Hussein Ali Agrama
University of Chicago Press, 2012
The central question of the Arab Spring—what democracies should look like in the deeply religious countries of the Middle East—has developed into a vigorous debate over these nations’ secular identities. But what, exactly, is secularism? What has the West’s long familiarity with it inevitably obscured? In Questioning Secularism, Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart.
 
Drawing on a precedent-setting case arising from the family law courts —the last courts in Egypt to use Shari‘a law—Agrama shows that secularism is a historical phenomenon that works through a series of paradoxes that it creates. Digging beneath the perceived differences between the West and Middle East, he highlights secularism’s dependence on the law and the problems that arise from it: the necessary involvement of state sovereign power in managing the private spiritual lives of citizens and the irreducible set of legal ambiguities such a relationship creates. Navigating a complex landscape between private and public domains, Questioning Secularism lays important groundwork for understanding the real meaning of secularism as it affects the real freedoms of a citizenry, an understanding of the utmost importance for so many countries that are now urgently facing new political possibilities.
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Inside Rwanda's /Gacaca/ Courts
Seeking Justice after Genocide
Bert Ingelaere
University of Wisconsin Press, 2018
After the 1994 genocide in Rwanda, victims, perpetrators, and the country as a whole struggled to deal with the legacy of the mass violence. The government responded by creating a new version of a traditional grassroots justice system called gacaca. Bert Ingelaere offers a comprehensive assessment of what these courts set out to do, how they worked, what they achieved, what they did not achieve, and how they affected Rwandan society. Weaving together vivid firsthand recollections, interviews, and trial testimony with systematic analysis, he documents how the gacaca shifted over time from confession to accusation, from restoration to retribution. This is an authoritative account of one of the most important experiments in transitional justice after mass violence.

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Court of Remorse
Inside the International Criminal Tribunal for Rwanda
Thierry Cruvellier
University of Wisconsin Press, 2010
When genocidal violence gripped Rwanda in 1994, the international community recoiled, hastily withdrawing its peacekeepers. Late that year, in an effort to redeem itself, the United Nations Security Council created the International Criminal Tribunal for Rwanda to seek accountability for some of the worst atrocities since World War II: the genocide suffered by the Tutsi and crimes against humanity suffered by the Hutu. But faced with competing claims, the prosecution focused exclusively on the crimes of Hutu extremists. No charges would be brought against the Tutsi-led Rwandan Patriotic Front, which ultimately won control of the country. The UN, as if racked by guilt for its past inaction, gave in to pressure by Rwanda’s new leadership. With the Hutu effectively silenced, and the RPF constantly reminding the international community of its failure to protect the Tutsi during the war, the Tribunal pursued an unusual form of one-sided justice, born out of contrition.  
    Fascinated by the Tribunal’s rich complexities, journalist Thierry Cruvellier came back day after day to watch the proceedings, spending more time there than any other outside observer. Gradually he gained the confidence of the victims, defendants, lawyers, and judges. Drawing on interviews with these protagonists and his close observations of their interactions, Cruvellier takes readers inside the courtroom to witness the motivations, mechanisms, and manipulations of justice as it unfolded on the stage of high-stakes, global politics. It is this ground-level view that makes his account so valuable—and so absorbing. A must-read for those who want to understand the dynamics of international criminal tribunals, Court of Remorse reveals both the possibilities and the challenges of prosecuting human rights violations.
 
 
A Choice Outstanding Academic Book

Best Books for General Audiences, selected by the American Association for School Libraries and the Public Library Association

Best Books for High Schools, selected by the American Association for School Libraries
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Black Lawyers, White Courts
The Soul of South African Law
Kenneth S. Broun
Ohio University Press, 2000

In the struggle against apartheid, one often overlooked group of crusaders was the coterie of black lawyers who overcame the Byzantine system that the government established oftentimes explicitly to block the paths of its black citizens from achieving justice.

Now, in their own voices, we have the narratives of many of those lawyers as recounted in a series of oral interviews. Black Lawyers, White Courts is their story and the anti-apartheid story that has before now gone untold.

Professor Kenneth Broun conducted interviews with twenty-seven black South African lawyers. They were asked to tell about their lives, including their family backgrounds, education, careers, and their visions for the future. In many instances they also discussed their years in prison or exile, or under house arrest. Most told of both education and careers interrupted because of the ongoing struggle.

The story of the professional achievements of black lawyers in South Africa—indeed their very survival—provides an example of the triumph of individuals and, ultimately, of the law. Black Lawyers, White Courts is about South Africa, and about black professionals in that country, but the lessons its protagonists teach extend far beyond circumstances, geography, or race.

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The Trials of Richard Goldstone
Terris, Daniel
Rutgers University Press, 2019
In June 2009, Richard Goldstone was a global hero, honored by the MacArthur Foundation for its prize in international justice.  Four months later, he was called a “quisling” and compared to some of the worst traitors in human history.  Why?  Because this champion of human rights and international law chose to apply his commitments to fairness and truth to his own community. 
 
The Trials of Richard Goldstone tells the story of this extraordinary individual and the price he paid for his convictions. It describes how Goldstone, working as a judge in apartheid South Africa, helped to undermine this unjust system and later, at Nelson Mandela’s request, led a commission that investigated cases of racial violence and intimidation. It also considers the international renown he received as the chief United Nations prosecutor for war crimes committed in Rwanda and the former Yugoslavia, the first tribunals to try political and military leaders on charges of genocide. Finally, it explores how Goldstone became a controversial figure in the wake of the Jewish jurist’s powerful, but flawed, investigation of Israel for alleged war crimes in Gaza.  
 
Richard Goldstone’s dramatic life story reveals that even in a world rife with prejudice, nationalism, and contempt for human rights, one courageous man can advance the cause of justice.  
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The Impossible Machine
A Genealogy of South Africa's Truth and Reconciliation Commission
Adam Sitze
University of Michigan Press, 2016

Adam Sitze meticulously traces the origins of South Africa’s Truth and Reconciliation Commission back to two well-established instruments of colonial and imperial governance: the jurisprudence of indemnity and the commission of inquiry. This genealogy provides a fresh, though counterintuitive, understanding of the TRC’s legal, political, and cultural importance. The TRC’s genius, Sitze contends, is not the substitution of “forgiving” restorative justice for “strict” legal justice but rather the innovative adaptation of colonial law, sovereignty, and government. However, this approach also contains a potential liability: if the TRC’s origins are forgotten, the very enterprise intended to overturn the jurisprudence of colonial rule may perpetuate it. In sum, Sitze proposes a provocative new means by which South Africa’s Truth and Reconciliation Commission should be understood and evaluated.

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Public Documents from Sinnar
Jay Spaulding
Michigan State University Press, 1989

This selection of Arabic and English translations illuminates the changes of eighteenth-century government in the northern Nile Valley of Sudan, and provides reliable chronological points of reference for the history of the region.  
      The documents offered in this volume, including charter grants of land and privilege, administrative letters, judicial rulings, and other official government records, date form 1702 to 1820. This period marks the apogee of the wealth, power, and geographical extent of the realm of the Funji kings of Sinnar who reigned over much of the Sudan from about 1500 until the Turkish colonial conquest of 1821.  
      These records document with concrete precision and eloquence the dissolution of the agrarian social order of an old African kingdom under the corroding influence of intrusive Mediterranean commercial practices and culture. They reveal the Sudan's legacy of a traditionally weak government vulnerable to manipulation or conquest by foreign powers and a divided and impoverished society dominated by a minority of urban interests.

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Individual Freedoms and State Security in the African Context
The Case of Zimbabwe
John Hatchard
Ohio University Press, 1993

In 1980 the ZANU/PF government of Robert Mugabe came to power after an extended war of liberation. They inherited a cluster of emergency laws similar to those available to the authorities in South Africa. It was also the beginning of the cynical South African state policy of destabilization of the frontline states. This led to a dangerous period of insurrection in Mashonaland and increased activity by Renamo.

Dr. Hatchard uses the case of Zimbabwe to ask questions about the use of authority in contemporary African states. He examines:
1. Whether and in what circumstances the declaration and retention of a state of emergency is justified;
2.The scope of emergency regulations and their impact on individual freedoms;
3.What safeguards are necessary in order to protect those freedoms during a state of emergency.

The relationship is studied from a political as well as a legal perspective. Dr. Hatchard examines the role law has played, is playing and may play. The author concludes that, even if the state of emergency is justified, this does not necessitate the curtailment of the exercise of individual freedoms.

There are many comparisons with the rest of Africa. The book is of practical importance for members of the judiciary, legal practitioners, politicians and human rights organizations. The difficult questions it poses make stimulating teaching material for students of the Third World who want to understand the reality of the exercise of power in fragile situations.

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Keeping Hold of Justice
Encounters between Law and Colonialism
Jennifer Balint, Julie Evans, Mark McMillan, and Nesam McMillan
University of Michigan Press, 2020

Keeping Hold of Justice focuses on a select range of encounters between law and colonialism from the early nineteenth century to the present. It emphasizes the nature of colonialism as a distinctively structural injustice, one which becomes entrenched in the social, political, legal, and discursive structures of societies and thereby continues to affect people’s lives in the present. It charts, in particular, the role of law in both enabling and sustaining colonial injustice and in recognizing and redressing it. In so doing, the book seeks to demonstrate the possibilities for structural justice that still exist despite the enduring legacies and harms of colonialism. It puts forward that these possibilities can be found through collaborative methodologies and practices, such as those informing this book, that actively bring together different disciplines, peoples, temporalities, laws and ways of knowing. They reveal law not only as a source of colonial harm but also as a potential means of keeping hold of justice. 

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Human Rights after Hitler
The Lost History of Prosecuting Axis War Crimes
Dan Plesch
Georgetown University Press, 2017

Human Rights after Hitler reveals thousands of forgotten US and Allied war crimes prosecutions against Hitler and other Axis war criminals based on a popular movement for justice that stretched from Poland to the Pacific. These cases provide a great foundation for twenty-first-century human rights and accompany the achievements of the Nuremberg trials and postwar conventions. They include indictments of perpetrators of the Holocaust made while the death camps were still operating, which confounds the conventional wisdom that there was no official Allied response to the Holocaust at the time. This history also brings long overdue credit to the United Nations War Crimes Commission (UNWCC), which operated during and after World War II.

From the 1940s until a recent lobbying effort by Plesch and colleagues, the UNWCC’s files were kept out of public view in the UN archives under pressure from the US government. The book answers why the commission and its files were closed and reveals that the lost precedents set by these cases have enormous practical utility for prosecuting war crimes today. They cover US and Allied prosecutions of torture, including “water treatment,” wartime sexual assault, and crimes by foot soldiers who were “just following orders.” Plesch’s book will fascinate anyone with an interest in the history of the Second World War as well as provide ground-breaking revelations for historians and human rights practitioners alike.

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Rhetorical Vectors of Memory in National and International Holocaust Trials
Marouf A. Hasian Jr.
Michigan State University Press, 2006

During the past several decades, the twentieth century Holocaust has become a defining event in many histories. This newfound respect for the Judeocide has been cathartic for both individuals and communities, in that it provides evidence that audiences around the world are rethinking the significance of the World War II narratives of bystanders, perpetrators, and victims. Given the complexities of these issues, scholars who are interested in studying Holocaust memory make choices about the questions on which they focus, the artifacts they select for analysis, and the perspectives they want to present.
     Hasian reviews how national and international courts have used Holocaust trials as forums for debates about individuated justice, historical record keeping, and pedagogical memory work. He concludes that the trials involving Auschwitz, Demjanjuk, Eichmann, Finta, Nuremberg, Irving, Kastner, Keegstra, Sawoniuk, and Zündel are highly problematic. The author provides a rhetorical analysis of holocaust trials as a way of looking into the question of what role court proceedings play in the creation of Holocaust collective memories.

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Victors’ Justice
The Tokyo War Crimes Trial
Richard H. Minear
University of Michigan Press, 2001
In the aftermath of the war in the Pacific, the victorious Allies brought to trial Tojo Hideki and twenty-seven other Japanese leaders for “crimes against peace” and “crimes against humanity.” After two and one-half years, the twenty-five surviving defendants were found guilty of most of the charges. Richard Minear’s comprehensive account, the first in English when it appeared in 1971, at the height of the Vietnam War, reviews the background, proceedings, and verdict of the trial from its Charter and simultaneous Nuremberg “precedent” to its later effects. Minear challenges the world view behind the trial; links it to U.S. policy, particularly in Vietnam; and sharpens the argument on Nuremberg and the feasibility of war crimes trials. In the twenty-first century, as the United Nations undertakes war crimes proceedings in the former Yugoslavia, Sierra Leone, Cambodia, and elsewhere, the issues raised here thirty years ago loom larger than ever.  
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The Japanese On Trial
Allied War Crimes Operations in the East, 1945–1951
By Philip R. Piccigallo
University of Texas Press, 1979

This comprehensive treatment of post–World War II Allied war crimes trials in the Far East is a significant contribution to a neglected subject. While the Nuremberg and, to a lesser degree, Tokyo tribunals have received considerable attention, this is the first full-length assessment of the entire Far East operation, which involved some 5,700 accused and 2,200 trials.

After discussing the Tokyo trial, Piccigallo systematically examines the operations of each Allied nation, documenting procedure and machinery as well as the details of actual trials (including hitherto unpublished photographs) and ending with a statistical summary of cases.

This study allows a completely new assessment of the Far East proceedings: with a few exceptions, the trials were carefully and fairly conducted, the efforts of defense counsel and the elaborate review procedures being especially noteworthy. Piccigallo’s approach to this emotion-filled subject is straightforward and evenhanded throughout. He concludes with a discussion of the broader implications of such war crimes trials, a matter of interest to the general reader as well as to specialists in history, law, and international affairs.

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The Tokyo War Crimes Trial
The Pursuit of Justice in the Wake of World War II
Yuma Totani
Harvard University Press, 2008

This book assesses the historical significance of the International Military Tribunal for the Far East (IMTFE)—commonly called the Tokyo trial—established as the eastern counterpart of the Nuremberg trial in the immediate aftermath of World War II.

Through extensive research in Japanese, American, Australian, and Indian archives, Yuma Totani taps into a large body of previously underexamined sources to explore some of the central misunderstandings and historiographical distortions that have persisted to the present day. Foregrounding these voluminous records, Totani disputes the notion that the trial was an exercise in “victors’ justice” in which the legal process was egregiously compromised for political and ideological reasons; rather, the author details the achievements of the Allied prosecution teams in documenting war crimes and establishing the responsibility of the accused parties to show how the IMTFE represented a sound application of the legal principles established at Nuremberg.

This study deepens our knowledge of the historical intricacies surrounding the Tokyo trial and advances our understanding of the Japanese conduct of war and occupation during World War II, the range of postwar debates on war guilt, and the relevance of the IMTFE to the continuing development of international humanitarian law.

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A Reckoning
Philippine Trials of Japanese War Criminals
Sharon W. Chamberlain
University of Wisconsin Press, 2019
After World War II, thousands of Japanese throughout Asia were put on trial for war crimes. Examination of postwar trials is now a thriving area of research, but Sharon W. Chamberlain is the first to offer an authoritative assessment of the legal proceedings convened in the Philippines. These were trials conducted by Asians, not Western powers, and centered on the abuses suffered by local inhabitants rather than by prisoners of war. Her impressively researched work reveals the challenges faced by the Philippines, as a newly independent nation, in navigating issues of justice amid domestic and international pressures.

Chamberlain highlights the differing views of Filipinos and Japanese about the trials. The Philippine government aimed to show its commitment to impartial proceedings with just outcomes. In Japan, it appeared that defendants were selected arbitrarily, judges and prosecutors were biased, and lower-ranking soldiers were punished for crimes ordered by their superior officers. She analyzes the broader implications of this divergence as bilateral relations between the two nations evolved and contends that these competing narratives were reimagined in a way that, paradoxically, aided a path toward postwar reconciliation.
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Sacred Men
Law, Torture, and Retribution in Guam
Keith L. Camacho
Duke University Press, 2019
Between 1944 and 1949 the United States Navy held a war crimes tribunal that tried Japanese nationals and members of Guam's indigenous Chamorro population who had worked for Japan's military government. In Sacred Men Keith L. Camacho traces the tribunal's legacy and its role in shaping contemporary domestic and international laws regarding combatants, jurisdiction, and property. Drawing on Giorgio Agamben's notions of bare life and Chamorro concepts of retribution, Camacho demonstrates how the U.S. tribunal used and justified the imprisonment, torture, murder, and exiling of accused Japanese and Chamorro war criminals in order to institute a new American political order. This U.S. disciplinary logic in Guam, Camacho argues, continues to directly inform the ideology used to justify the Guantánamo Bay detention center, the torture and enhanced interrogation of enemy combatants, and the American carceral state.
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Justice in the Balkans
Prosecuting War Crimes in the Hague Tribunal
John Hagan
University of Chicago Press, 2003
Called a fig leaf for inaction by many at its inception, the International Criminal Tribunal for the Former Yugoslavia has surprised its critics by growing from an unfunded U.N. Security Council resolution to an institution with more than 1,000 employees and a $100 million annual budget. With Slobodan Milosevic now on trial and more than forty fellow indictees currently detained, the success of the Hague tribunal has forced many to reconsider the prospects of international justice. John Hagan's Justice in the Balkans is a powerful firsthand look at the inner workings of the tribunal as it has moved from an experimental organization initially viewed as irrelevant to the first truly effective international court since Nuremberg.

Creating an institution that transcends national borders is a challenge fraught with political and organizational difficulties, yet, as Hagan describes here, the Hague tribunal has increasingly met these difficulties head-on and overcome them. The chief reason for its success, he argues, is the people who have shaped it, particularly its charismatic chief prosecutor, Louise Arbour. With drama and immediacy, Justice in the Balkans re-creates how Arbour worked with others to turn the tribunal's fortunes around, reversing its initial failure to arrest and convict significant figures and advancing the tribunal's agenda to the point at which Arbour and her colleagues, including her successor, Carla Del Ponte (nicknamed the Bulldog), were able to indict Milosevic himself. Leading readers through the investigations and criminal proceedings of the tribunal, Hagan offers the most original account of the foundation and maturity of the institution.

Justice in the Balkans brilliantly shows how an international social movement for human rights in the Balkans was transformed into a pathbreaking legal institution and a new transnational legal field. The Hague tribunal becomes, in Hagan's work, a stellar example of how individuals working with collective purpose can make a profound difference.

"The Hague tribunal reaches into only one house of horrors among many; but, within the wisely precise remit given to it, it has beamed the light of justice into the darkness of man's inhumanity, to woman as well as to man."—The Times (London)
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Twilight of Impunity
The War Crimes Trial of Slobodan Milosevic
Judith Armatta
Duke University Press, 2010
An eyewitness account of the first major international war-crimes tribunal since the Nuremberg trials, Twilight of Impunity is a gripping guide to the prosecution of Slobodan Milosevic for war crimes, crimes against humanity, and genocide. The historic trial of the “Butcher of the Balkans” began in 2002 and ended abruptly with Milosevic’s death in 2006. Judith Armatta, a lawyer who spent three years in the former Yugoslavia during Milosevic’s reign, had a front-row seat at the trial. In Twilight of Impunity she brings the dramatic proceedings to life, explains complex legal issues, and assesses the trial’s implications for victims of the conflicts in the Balkans during the 1990s and international justice more broadly. Armatta acknowledges the trial’s flaws, particularly Milosevic’s grandstanding and attacks on the institutional legitimacy of the International Criminal Tribunal. Yet she argues that the trial provided an indispensable legal and historical narrative of events in the former Yugoslavia and a valuable forum where victims could tell their stories and seek justice. It addressed crucial legal issues, such as the responsibility of commanders for crimes committed by subordinates, and helped to create a framework for conceptualizing and organizing other large-scale international criminal tribunals. The prosecution of Slobodan Milosevic in The Hague was an important step toward ending impunity for leaders who perpetrate egregious crimes against humanity.
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Travesty
The Trial of Slobodan Milosevic and the Corruption of International Justice
John Laughland
Pluto Press, 2007
In 2006, Slobodan Milosevic died in prison in the Hague during a four-year marathon trial for war crimes. John Laughland was one of the last Western journalists to meet with him. Laughland had followed the trial from its beginning and wrote extensively on it in the Guardian and the Spectator, challenging the legitimacy of the Yugoslav Tribunal and the hypocrisy of "international justice."



In this short book, Laughland gives a full account of the trial---the longest trial in history---from the moment the indictment was issued at the height of NATO's attack on Yugoslavia to the day of Milosevic's mysterious death in custody. "International justice" is supposed to hold war criminals to account, but---as the trials of both Milosevic and Saddam Hussein show---the indictments are politically motivated and the judicial procedures are irredeemably corrupt. Laughland argues that international justice is an impossible dream and that such show trials are little more than propaganda exercises designed to distract attention from the war crimes committed by Western states.



"Study this story. . . . The truth is hard to find, but in John Laughland we are fortunate to have a man blessed with the desire to find the truth."
---Ramsey Clark, from the Foreword

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The Khmer Rouge Tribunal
Power, Politics, and Resistance in Transitional Justice
Julie Bernath
University of Wisconsin Press, 2023
From 1975 to 1979, while Cambodia was ruled by the brutal Communist Party of Kampuchea (Khmer Rouge) regime, torture, starvation, rape, and forced labor contributed to the death of at least a fifth of the country’s population. Despite the severity of these abuses, civil war and international interference prevented investigation until 2004, when protracted negotiations between the Cambodian government and the United Nations resulted in the establishment of the Extraordinary Chambers in the Courts of Cambodia (ECCC), or Khmer Rouge tribunal. The resulting trials have been well scrutinized, with many scholars seeking to weigh the results of the tribunal against the extent of the offenses. 

Here, Julie Bernath takes a different tack, deliberately decentering the trials in an effort to understand the ECCC in its particular context—and, by extension, the degree to which notions of transitional justice generally must be understood in particular social, cultural, and political contexts. She focuses on “sites of resistance” to the ECCC, including not only members of the elite political class but also citizens who do not, for a variety of tangled reasons, participate in the tribunal—and even resistance from victims of the regime and participants in the trials. Bernath demonstrates that the ECCC both shapes and is shaped by long-term contestation over Cambodia’s social, economic, and political transformations, and thereby argues that transitional justice must be understood locally rather than as a homogenous good that can be implanted by international actors.
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Man or Monster?
The Trial of a Khmer Rouge Torturer
Alexander Laban Hinton
Duke University Press, 2016
During the Khmer Rouge's brutal reign in Cambodia during the mid-to-late 1970s, a former math teacher named Duch served as the commandant of the S-21 security center, where as many as 20,000 victims were interrogated, tortured, and executed. In 2009 Duch stood trial for these crimes against humanity. While the prosecution painted Duch as evil, his defense lawyers claimed he simply followed orders. In Man or Monster? Alexander Hinton uses creative ethnographic writing, extensive fieldwork, hundreds of interviews, and his experience attending Duch's trial to create a nuanced analysis of Duch, the tribunal, the Khmer Rouge, and the after-effects of Cambodia's genocide. Interested in how a person becomes a torturer and executioner as well as the law's ability to grapple with crimes against humanity, Hinton adapts Hannah Arendt's notion of the "banality of evil" to consider how the potential for violence is embedded in the everyday ways people articulate meaning and comprehend the world. Man or Monster? provides novel ways to consider justice, terror, genocide, memory, truth, and humanity.
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