Napalm, incendiary gel that sticks to skin and burns to the bone, came into the world on Valentine’s Day 1942 at a secret Harvard war research laboratory. On March 9, 1945, it created an inferno that killed over 87,500 people in Tokyo—more than died in the atomic explosions at Hiroshima or Nagasaki. It went on to incinerate sixty-four of Japan’s largest cities. The Bomb got the press, but napalm did the work.

After World War II, the incendiary held the line against communism in Greece and Korea—Napalm Day led the 1950 counter-attack from Inchon—and fought elsewhere under many flags. Americans generally applauded, until the Vietnam War. Today, napalm lives on as a pariah: a symbol of American cruelty and the misguided use of power, according to anti-war protesters in the 1960s and popular culture from Apocalypse Now to the punk band Napalm Death and British street artist Banksy. Its use by Serbia in 1994 and by the United States in Iraq in 2003 drew condemnation. United Nations delegates judged deployment against concentrations of civilians a war crime in 1980. After thirty-one years, America joined the global consensus, in 2011.

Robert Neer has written the first history of napalm, from its inaugural test on the Harvard College soccer field, to a Marine Corps plan to attack Japan with millions of bats armed with tiny napalm time bombs, to the reflections of Phan Thi Kim Phuc, a girl who knew firsthand about its power and its morality.

According to the national mythology, the United States has long opened its doors to people from across the globe, providing a port in a storm and opportunity for any who seek it. Yet the history of immigration to the United States is far different. Even before the xenophobic reaction against European and Asian immigrants in the late nineteenth century, social and economic interest groups worked to manipulate immigration policy to serve their needs. In A Nation by Design, Aristide Zolberg explores American immigration policy from the colonial period to the present, discussing how it has been used as a tool of nation building.

A Nation by Design argues that the engineering of immigration policy has been prevalent since early American history. However, it has gone largely unnoticed since it took place primarily on the local and state levels, owing to constitutional limits on federal power during the slavery era. Zolberg profiles the vacillating currents of opinion on immigration throughout American history, examining separately the roles played by business interests, labor unions, ethnic lobbies, and nativist ideologues in shaping policy. He then examines how three different types of migration--legal migration, illegal migration to fill low-wage jobs, and asylum-seeking--are shaping contemporary arguments over immigration to the United States.

A Nation by Design is a thorough, authoritative account of American immigration history and the political and social factors that brought it about. With rich detail and impeccable scholarship, Zolberg's book shows how America has struggled to shape the immigration process to construct the kind of population it desires.

Scholars, journalists, and policymakers have long argued that the 1965 Immigration and Nationality Act dramatically reshaped the demographic composition of the United States. In A Nation of Immigrants Reconsidered, leading scholars of immigration explore how the political and ideological struggles of the "age of restriction"--from 1924 to 1965--paved the way for the changes to come. The essays examine how geopolitics, civil rights, perceptions of America's role as a humanitarian sanctuary, and economic priorities led government officials to facilitate the entrance of specific immigrant groups, thereby establishing the legal precedents for future policies. Eye-opening articles discuss Japanese war brides and changing views of miscegenation, the recruitment of former Nazi scientists, a temporary workers program with Japanese immigrants, the emotional separation of Mexican immigrant families, Puerto Rican youth’s efforts to claim an American identity, and the restaurant raids of conscripted Chinese sailors during World War II.

Contributors: Eiichiro Azuma, David Cook-Martín, David FitzGerald, Monique Laney, Heather Lee, Kathleen López, Laura Madokoro, Ronald L. Mize, Arissa H. Oh, Ana Elizabeth Rosas, Lorrin Thomas, Ruth Ellen Wasem, and Elliott Young

Mary Ann Glendon’s A Nation Under Lawyers is a guided tour through the maze of the late-twentieth-century legal world, in which even lawyers themselves can lose their bearings. Glendon depicts the legal profession as a system in turbulence, where a variety of beliefs and ideals are vying for dominance. Dramatizing issues and events through stories of lawyers and laypersons caught up in the currents of change, she provides a frank assessment of the people and ideas that are transforming our law-dependent culture.

“Human beings are a part of nature and apart from it.” The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe.

Lloyd Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant’s account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin.

Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel.

The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally.

This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.

The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War.

R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.

Much of our law is based on authoritative texts, such as constitutions and statutes. The common law, in contrast, is that part of the law that is established by the courts. Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been far from clear what principles courts use—or should use—in establishing common law rules. In this lucid yet subtly argued book, Melvin Eisenberg develops the principles that govern this process.

The rules established in every common law case, he shows, are a product of the interplay between the rules announced in past precedents, on the one hand, and moral norms, policies, and experience, on the other. However, a court establishing a common law rule is not free, as a legislator would be, to employ those norms and policies it thinks best. Rather, it can properly employ only those that have a requisite degree of social support. More specifically, the common law should seek to satisfy three standards. First, it should correspond to the body of rules that would be arrived at by giving appropriate weight to all moral norms, policies, and experiential propositions that have the requisite support, and by making the best choices where norms, policies, and experience conflict. Second, all the rules that make up the body of the law should be consistent with one another. Third, the rules adopted in past precedents should be applied consistently over time. Often, these three standards point in the same direction. The central problems of legal reasoning arise when they do not. These problems are resolved by the principles of common law adjudication. With the general principles of common law adjudication as a background, the author then examines and explains the specific modes of common law reasoning, such as reasoning from precedent, reasoning by analogy, drawing distinctions, and overruling. Throughout the book, the analysis is fully illustrated by leading cases.

This innovative and carefully worked out account of the common law will be of great interest to lawyers, law students, students in undergraduate legal studies programs, scholars interested in legal theory, and all those who want to understand the basic legal institutions of our society.

In Nature's Wild, Andil Gosine engages with questions of humanism, queer theory, and animality to examine and revise understandings of queer desire in the Caribbean. Surveying colonial law, visual art practices, and contemporary activism, Gosine shows how the very concept of homosexuality in the Caribbean (and in the Americas more broadly) has been overdetermined by a colonially influenced human/animal divide. Gosine refutes this presupposed binary and embraces animality through a series of case studies: a homoerotic game called puhngah, the institution of gender-based dress codes in Guyana, and efforts toward the decriminalization of sodomy in Trinidad and Tobago—including the work of famed activist Colin Robinson, paintings of human animality by Guadeloupean artist Kelly Sinnapah Mary, and Gosine's own artistic practice. In so doing, he troubles the ways in which individual and collective anxieties about “wild natures” have shaped the existence of Caribbean people while calling for a reassessment of what political liberation might look like.

Duke University Press Scholars of Color First Book Award recipient

The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations.

James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.

This masterly book substantially extends Howard Raiffa's earlier classic, The Art and Science of Negotiation. It does so by incorporating three additional supporting strands of inquiry: individual decision analysis, judgmental decision making, and game theory. Each strand is introduced and used in analyzing negotiations.

The book starts by considering how analytically minded parties can generate joint gains and distribute them equitably by negotiating with full, open, truthful exchanges. The book then examines models that disengage step by step from that ideal. It also shows how a neutral outsider (intervenor) can help all negotiators by providing joint, neutral analysis of their problem.

Although analytical in its approach--building from simple hypothetical examples--the book can be understood by those with only a high school background in mathematics. It therefore will have a broad relevance for both the theory and practice of negotiation analysis as it is applied to disputes that range from those between family members, business partners, and business competitors to those involving labor and management, environmentalists and developers, and nations.

China’s labor landscape is changing, and it is transforming the global economy in ways that we cannot afford to ignore. Once-silent workers have found their voice, organizing momentous protests, such as the 2010 Honda strikes, and demanding a better deal. China’s leaders have responded not only with repression but with reforms. Are China’s workers on the verge of a breakthrough in industrial relations and labor law reminiscent of the American New Deal?

In A New Deal for China’s Workers? Cynthia Estlund views this changing landscape through the comparative lens of America’s twentieth-century experience with industrial unrest. China’s leaders hope to replicate the widely shared prosperity, political legitimacy, and stability that flowed from America’s New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that were central to bringing it about. Estlund argues that the specter of an independent labor movement, seen as an existential threat to China’s one-party regime, is both driving and constraining every facet of its response to restless workers.

China’s leaders draw on an increasingly sophisticated toolkit in their effort to contain worker activism. The result is a surprising mix of repression and concession, confrontation and cooptation, flaws and functionality, rigidity and pragmatism. If China’s laborers achieve a New Deal, it will be a New Deal with Chinese characteristics, very unlike what workers in the West achieved in the last century. Estlund’s sharp observations and crisp comparative analysis make China’s labor unrest and reform legible to Western readers.

As America’s haves and have-nots drift further apart, rising inequality has undermined one of the nation’s proudest social achievements: the Social Security retirement system. Unprecedented changes in longevity, marriage, and the workplace have made the experience of old age increasingly unequal. For educated Americans, the traditional retirement age of 65 now represents late middle age. These lucky ones typically do not face serious impediments to employment or health until their mid-70s or even later. By contrast, many poorly educated earners confront obstacles of early disability, limited job opportunities, and unemployment before they reach age 65.

America’s system for managing retirement is badly out of step with these realities. Enacted in the 1930s, Social Security reflects a time when most workers were men who held steady jobs until retirement at 65 and remained married for life. The program promised a dignified old age for rich and poor alike, but today that egalitarian promise is failing. Anne L. Alstott makes the case for a progressive program that would permit all Americans to retire between 62 and 76 but would provide more generous early retirement benefits for workers with low wages or physically demanding jobs. She also proposes a more equitable version of the outdated spousal benefit and a new phased retirement option to permit workers to transition out of the workforce gradually.

A New Deal for Old Age offers a pragmatic and principled agenda for renewing America’s most successful and popular social welfare program.

A historian traces the origins of the modern law-and-order state to a surprising source: the liberal policies of the New Deal.

Most Americans remember the New Deal as the crucible of modern liberalism. But while it is most closely associated with Roosevelt’s efforts to end the Depression and provide social security for the elderly, we have failed to acknowledge one of its most enduring legacies: its war on crime. Crime policy, Anthony Gregory argues, was a defining feature of the New Deal. Tough-on-crime policies provided both the philosophical underpinnings and the institutional legitimacy necessary to remake the American state.

New Deal Law and Order follows President Franklin Roosevelt, Attorney General Homer Cummings, and their war on crime coalition, which overcame the institutional and political challenges to the legitimacy of national law enforcement. Promises of law and order helped to manage tensions among key Democratic Party factions—organized labor, Black Americans, and white Southerners. Their anticrime program, featuring a strengthened criminal code, an empowered FBI, and the first federal war on marijuana, was essential to the expansion of national authority previously stymied on constitutional grounds. This nascent carceral liberalism both accommodated a redoubled emphasis on rehabilitation and underwrote a massive wave of prison construction across the country. Alcatraz, an unforgiving punitive model, was designed to be a “symbol of the triumph of law and order.” This emergent security state eventually transformed both liberalism and federalism, and in the process reoriented the terms of US political debate for decades to come.

The activist state of the New Deal started forming decades before the FDR administration, demonstrating the deep roots of energetic government in America.

In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. A series of legal reforms gradually brought an end to nineteenth-century traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked through legislation, regulation, and public administration. The last time American public life had been so thoroughly altered was in the late eighteenth century, at the founding and in the years immediately following.

William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated people’s rights. Over the course of decades, Americans progressively discarded earlier understandings of the reach and responsibilities of government and embraced the idea that legislators and administrators in Washington could tackle economic regulation and social-welfare problems. As citizens witnessed the successes of an energetic, interventionist state, they demanded more of the same, calling on politicians and civil servants to address unfair competition and labor exploitation, form public utilities, and reform police power.

Arguing against the myth that America was a weak state until the New Deal, New Democracy traces a steadily aggrandizing authority well before the Roosevelt years. The United States was flexing power domestically and intervening on behalf of redistributive goals for far longer than is commonly recognized, putting the lie to libertarian claims that the New Deal was an aberration in American history.

A wide-ranging interrogation of aspects of private law doctrine and its development, ordering, and application.

New Directions in Private Law Theory brings together some of the best new work on private law theory, reflecting the breadth of this increasingly important field. The authors adopt a variety of different approaches and contribute to ongoing and important debates about the moral foundations of private law, the individuation of areas of private law, and the connections between private law and everyday moral experience. Questions addressed include: does the diversity identified among claims in unjust enrichment mean that the category is incoherent? Are claims in tort law always about compensating for wrongs? How should we understand the parties’ agreement in a contract? The contributions shed new light on these and other topics and the ways in which they intersect and open up new lines of scholarly inquiry.

This book will be of interest to researchers working in private law and legal theory, but it will also appeal to those outside of law, most notably researchers with an interest in moral and political philosophy, economics, and history.
 

“Essential reading for all who have a vested interest in the rise of AI.” —Daryl Li, AI & Society

“Thought-provoking…Explores how we can best try to ensure that robots work for us, rather than against us, and proposes a new set of laws to provide a conceptual framework for our thinking on the subject.” —Financial Times

“Pasquale calls for a society-wide reengineering of policy, politics, economics, and labor relations to set technology on a more regulated and egalitarian path…Makes a good case for injecting more bureaucracy into our techno-dreams, if we really want to make the world a better place.” —Wired

“Pasquale is one of the leading voices on the uneven and often unfair consequences of AI in our society...Every policymaker should read this book and seek his counsel.” —Safiya Noble, author of Algorithms of Oppression

Too many CEOs tell a simple story about the future of work: if a machine can do what you do, your job will be automated, and you will be replaced. They envision everyone from doctors to soldiers rendered superfluous by ever-more-powerful AI.

Another story is possible. In virtually every walk of life, robotic systems can make labor more valuable, not less. Frank Pasquale tells the story of nurses, teachers, designers, and others who partner with technologists, rather than meekly serving as data sources for their computerized replacements. This cooperation reveals the kind of technological advance that could bring us all better health care, education, and more, while maintaining meaningful work. These partnerships also show how law and regulation can promote prosperity for all, rather than a zero-sum race of humans against machines.

Policymakers must not allow corporations or engineers alone to answer questions about how far AI should be entrusted to assume tasks once performed by humans, or about the optimal mix of robotic and human interaction. The kind of automation we get—and who it benefits—will depend on myriad small decisions about how to develop AI. Pasquale proposes ways to democratize that decision-making, rather than centralize it in unaccountable firms. Sober yet optimistic, New Laws of Robotics offers an inspiring vision of technological progress, in which human capacities and expertise are the irreplaceable center of an inclusive economy.

A radical reconstruction of the founders’ debate over slavery and the Constitution.

Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. Some historians have charged that slaveholders actually enshrined human bondage at the nation’s founding. The acclaimed political historian Sean Wilentz shares the dismay but sees the Constitution and slavery differently. Although the proslavery side won important concessions, he asserts, antislavery impulses also influenced the framers’ work. Far from covering up a crime against humanity, the Constitution restricted slavery’s legitimacy under the new national government. In time, that limitation would open the way for the creation of an antislavery politics that led to Southern secession, the Civil War, and Emancipation.

Wilentz’s controversial and timely reconsideration upends orthodox views of the Constitution. He describes the document as a tortured paradox that abided slavery without legitimizing it. This paradox lay behind the great political battles that fractured the nation over the next seventy years. As Southern Fire-eaters invented a proslavery version of the Constitution, antislavery advocates, including Abraham Lincoln and Frederick Douglass, proclaimed antislavery versions based on the framers’ refusal to validate what they called “property in man.”

No Property in Man invites fresh debate about the political and legal struggles over slavery that began during the Revolution and concluded with the Confederacy’s defeat. It drives straight to the heart of the most contentious and enduring issue in all of American history.

“Wilentz brings a lifetime of learning and a mastery of political history to this brilliant book.”
—David W. Blight, author of Frederick Douglass

A New York Times Book Review Editors’ Choice
A Foreign Affairs Best Book of the Year

Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. In this essential reconsideration of the creation and legacy of our nation’s founding document, Sean Wilentz reveals the tortured compromises that led the Founders to abide slavery without legitimizing it, a deliberate ambiguity that fractured the nation seventy years later. Contesting the Southern proslavery version of the Constitution, Abraham Lincoln and Frederick Douglass pointed to the framers’ refusal to validate what they called “property in man.” No Property in Man has opened a fresh debate about the political and legal struggles over slavery that began during the Revolution and concluded with the Civil War. It drives straight to the heart of the single most contentious issue in all of American history.

“Revealing and passionately argued…[Wilentz] insists that because the framers did not sanction slavery as a matter of principle, the antislavery legacy of the Constitution has been…‘misconstrued’ for over 200 years.”
—Khalil Gibran Muhammad, New York Times

“Wilentz’s careful and insightful analysis helps us understand how Americans who hated slavery, such as Abraham Lincoln and Frederick Douglass, could come to see the Constitution as an ally in their struggle.”
—Eric Foner

Throughout the history of the United States, the acts of a few have proved to be turning points in the way our legal system has treated the least of us. The nine individuals whose deeds are recounted have compelling stories, and though they remain unknown to the general public, their commitment to the rule of law has had a lasting impact on our nation.Noble Purposes brings their stories to life. It describes the contributions of such individuals as James Alexander, the guiding and central force in the colonial-era trial of John Peter Zenger, which sowed the seeds for the American Revolution and the constitutional guarantee of a free press.In the 1870s, Hugh Lennox Bond stared down threats as judge in the trials of the South Carolina Ku Klux Klan, while Clara Shortridge Foltz overcametremendous resistance during her fifty-year law practice, which included advocacy of public defender offices.Early last century, Louis Marshall paved the way for the rights of minorities in America and abroad, while Francis Biddle, FDR’s attorney general, soughtto maintain civil liberties during World War II, arguing against the internment of Japanese Americans and later serving as the American judge in the Nuremberg trials.Edited by legal scholar Norman Gross and written by leading legal historians from around the country, the profiles presented in Noble Purposes tell the stories of these and other individuals who stood firmly in support of the rule of law, often against great odds.

An engaging account of social reformer Jack Robbins, the Boys’ Brotherhood Republic, and their legacy.

In 1914, social reformer Jack Robbins and a group of adolescent boys in Chicago founded the Boys’ Brotherhood Republic, an unconventional and unusual institution. During a moral panic about delinquent boys, Robbins did not seek to rehabilitate and/or punish wayward youths. Instead, the boys governed themselves, democratically and with compassion for one another, and lived by their mantra “So long as there are boys in trouble, we too are in trouble.” For nearly thirty years, Robbins was their “supervisor,” and the will he drafted in the late 1950s suggests that he continued to care about forgotten boys, even as the political and legal contexts that shaped children’s lives changed dramatically.
 
Nobody’s Boy and His Pals is a lively investigation that challenges our ideas about the history of American childhood and the law. Scouring the archives for traces of the elusive Jack Robbins, Hendrik Hartog examines the legal histories of Progressive reform, childhood, criminality, repression, and free speech. The curiosity of Robbins’s story is compounded by the legal challenges to his will, which wound up establishing the extent to which last wishes must conform to dominant social values. Filled with persistent mysteries and surprising connections, Nobody’s Boy and His Pals illuminates themes of childhood and adolescence, race and ethnicity, sexuality, wealth and poverty, and civil liberties, across the American Century. 
 

A concise history of Northern Ireland through its pivotal moments.

Since the United Kingdom’s withdrawal from the European Union, the constitutional position of Northern Ireland within the Union has endured an unusual level of attention. Northern Ireland and the UK Constitution leads us through its pivotal moments: the 1920–72 Unionist-led governments, the following thirty years of bitter conflicts, the 1998 Belfast/Good Friday Agreement, and the 2016 referendum on the United Kingdom’s membership in the European Union. Considering each of the moments in the broader setting of UK constitutional norms and narratives, she addresses the exceptional constitutional characteristics of Northern Ireland and the ways in which these have often resulted in “blindspot” analyses of the Union. This short book also considers the implications of Brexit and the constitutional impacts and shifts it has brought to Northern Ireland and discusses the possible constitutional repercussions.
 

Nullius is an award-winning anthropological account of the troubled status of ownership in India and its consequences for our understanding of sovereignty and social relations. Though property rights and ownership are said to be a cornerstone of modern law, in the Indian case they are often a spectral presence. Kapila offers a detailed study of paradigms where proprietary relations have been erased, denied, misappropriated. 
 
The book examines three forms of negation, where the Indian state de facto adopted doctrines of terra nullius (in the erasure of indigenous title), res nullius (in acquiring museum objects), and, controversially, corpus nullius (in denying citizens ownership of their bodies under biometrics). The result is a pathbreaking reconnection of questions of property, exchange, dispossession, law, and sovereignty.

Nullius is the winner of the 2024 Bernard S. Cohn Prize,  Association of Asian Studies.