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Political Trials in Theory and History

Author: Jens Meierhenrich

Publisher: Cambridge University Press

Published: 2017-02-27

Total Pages: 451

ISBN-13: 1108107656

From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.

A History of Political Trials

Author: John Laughland

Publisher: Peter Lang

Published: 2008

Total Pages: 324

ISBN-13: 9781906165000

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"This is a formidable and well-documented counterblast to a developing modern orthodoxy, expressing a point of view that many readers will not even have suspected existed, let alone read."--Anthony Daniels, Spectator "A useful and controversial contribution to the debate about victor's justice, and a valuable warning that international war crimes tribunals need to operate with precision and care."--Jonathan Steele, Guardian The rapid development of the use of international courts and tribunals to try heads of state for genocide and other crimes against humanity has been welcomed by most people, because they think that the establishment of international tribunals and courts to try notorious dictators represents a triumph of law over impunity. In A History of Political Trials, John Laughland takes a very different and controversial view, namely that political trials are inherently against the rule of law and almost always involve the abuse of process, as well as being seriously hypocritical. By means of detailed consideration of the trials of figures as disparate as Charles I, Louis XVI, Erich Honecker and Saddam Hussein, Laughland shows that the guilt of the accused has always been assumed in advance, that the judges are never impartial, that the process is always unfair and biased in favor of the prosecution, that the defense is not permitted to use all the arguments at its disposal, and that often the accusers have done exactly what they accuse the defence of having done. All the trials he recounts were marked by arbitrariness and injustice, often gross injustice. Although the chapters are short and easy to read, they are the fruit of formidable erudition and wide reading. The general reader will be forced by this book to re-examine the ideas on this subject, and will be much less sanguine about the possibility of bringing dictators and other leaders to genuine justice. John Laughland lives in Bath and is an author, journalist, and has been a university lecturer in France. He has published The Tainted Source: The Undemocratic Origins of the European Idea (Time Warner Paperbacks) and has written for the Spectator, he Economist, and The New York Times . Table of Contents Introduction The Trial of Charles I and the Last Judgement The Trial of Louis XVI and the Terror War Guilt after World War I Defeat in the Dock: the Riom Trial Justice as Purge: Marshal Peacute;tain faces his Accusers Treachery on Trial: the Case of Vidkun Quisling Nuremberg : Making War Illegal Creating Legitimacy: the Trial of Marshal Antonescu Ethnic Cleansing and National Cleansing in Czechoslovakia, 19451947 Peoplers"s Justice in Liberated Hungary From Mass Execution to Amnesty and Pardon: Postwar Trials in Bulgaria, Finland, and Greece Politics as Conspiracy: the Tokyo Trials The Greek Colonels, the Emperor Bokassa, and the Argentine Generals: Transitional Justice, 19752007 Revolution Returns: the Trial of Nicolae Ceausescu A State on Trial: Erich Honecker in Moabit Jean Kambanda, Convicted without Trial Kosovo and the New World Order: the Trial of Slobodan Miloscaron;evic Regime Change and the Trial of Saddam Hussein Conclusion Notes Bibliography and Further Reading Index

Political Trials in History

Author: Ron Christenson

Publisher: Transaction Publishers

Published:

Total Pages: 560

ISBN-13: 9781412831253

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Prepared in dictionary format, this volume reexamines the uses of political trials. Through the conduct and context of key trials throughout history, the reader is made to understand an aspect of public life too easily misconstrued, although never neglected: the political side of litigation. Most of the trials in this volume were significant enough to continue to shape our interpretation of the law long after the court made its judgment and all appeals were completed. The dialogue they initiated may last for decades, even for centuries. Such trials provide us with an insight into the vital aspects of our public life, the civilizing capacity of politics.

A History of Political Trials

Author: John Laughland

Publisher: Peter Lang Limited, International Academic Publishers

Published: 2016

Total Pages: 0

ISBN-13: 9781906165529

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The modern use of international tribunals to try heads of state for genocide and crimes against humanity is often considered a positive development. In A History of Political Trials, John Laughland shows that trials of heads of state are in fact not new, and that previous trials throughout history have themselves violated the law and due process.

American Political Trials

Author: Michal R. Belknap

Publisher: Praeger

Published: 1994-02-28

Total Pages: 360

ISBN-13:

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An updated and expanded revision of a popular book published in 1981, American Political Trials examines the role of politicized criminal trials and impeachments in U.S. history from the early colonial era to the late 20th century. Each chapter focuses on a trial representative of a particular era in the American past. The emphasis is on cases that resulted from political persecution, but the book also shows how defendants have exploited the judicial process to advance their political objectives. All of the chapters appearing in the earlier book have been updated. In addition, the volume includes new chapters on the 1637 trial of Anne Hutchinson and the 1989 trial of Lt. Col. Oliver North for his role in the Iran-Contra scandal. The book also includes an updated bibliographical essay.

Political Trials

Author:

Publisher: Transaction Publishers

Published: 1999

Total Pages: 362

ISBN-13: 9780765804730

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Political trials take issues of responsibility, conscience, representation, and legitimacy, which are tied in tight political and legal knots, and force us to face questions about our public identity, our standards for public policy, and our sense of history. Ron Christenson explores how political trials, especially those within the rule of law, engage society's conflicting values and loyalties. He examines numerous political trials throughout history, bringing into question basic foundations of law, politics, and society. Christenson classifies political trials according to the issues they generate in the political sphere: partisan trials are spurious legal proceedings but politically expedient; trials of corruption and insanity raise questions of public and personal responsibility; trials of dissenters involve problems of conscience; trials of nationalists highlight the nature of representation and the relationship of the part to the whole; and trials of regimes engage the most fundamental concept of both law and politics--legitimacy. Political Trials brings these considerations to bear on some of the best-known cases in history, including the Gunpowder Plot; the Spanish Inquisition; the Dreyfus affair; the Nuremburg trials; trials of dissenters such as Socrates, Thomas More, Roger Williams, and the Berrigan brothers; and trials of nationalists such as Joan of Arc, Gandhi, Knut Hamsun, and the Irish republicans. Since the first edition appeared, a number of notable political trials have raised critical issues for society. Shocking public exposures about the Guildford 4 and Maguire 7 trials shook the British criminal justice establishment, while in the United States trials concerning the beating of Rodney King led up to the O.J. Simpson spectacle and a host of parallel questions. The trials of right-wing terrorists such as Paul Hill, found guilty of murdering an abortion doctor, and Timothy McVeigh, convicted of the Oklahoma City federal building bombing, parallel the case of left-wing dissenter Karl Armstrong in the 1970s. Finally, the South African Truth and Reconciliation Committee provides a test case of whether a nation can not only remember but grant amnesty and achieve true reconciliation. In examining the dilemmas involved in these trials, Christenson shows how they make a positive contribution to an open and democratic society. Political Trials will be an important addition to the libraries of historians, legal scholars, and political scientists.

Famous Trials

Author: Frank McLynn

Publisher:

Published: 1995

Total Pages: 200

ISBN-13:

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Examines thirty-four notable trials from throughout history including those of Jesus, Joan of Arc, Adolf Eichmann, Socrates, and Nelson Mandela.

The State Trials and the Politics of Justice in Later Stuart England

Author: Brian Cowan

Publisher: Boydell & Brewer

Published: 2021

Total Pages: 304

ISBN-13: 1783276266

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The book discusses the 'state trial' as a legal process, a public spectacle, and a point of political conflict - a key part of how constitutional monarchy became constitutional.State trials provided some of the leading media events of later Stuart England. The more important of these trials attracted substantial public attention, serving as pivot points in the relationship between the state and its subjects. Later Stuart England has been known among legal historians for a series of key cases in which juries asserted their independence from judges. In political history, the government's sometimes shaky control over political trials in this period has long been taken as a sign of the waning power of the Crown. This book revisits the process by which the 'state trial' emerged as a legal proceeding, a public spectacle, a point of political conflict, and ultimately, a new literary genre. It investigates the trials as events, as texts, and as moments in the creation of historical memory. By the early nineteenth century, the publication and republication of accounts of the state trials had become a standard part of the way in which modern Britons imagined how their constitutional monarchy had superseded the absolutist pretensions of the Stuart monarchs. This book explores how the later Stuart state trials helped to create that world.tury, the publication and republication of accounts of the state trials had become a standard part of the way in which modern Britons imagined how their constitutional monarchy had superseded the absolutist pretensions of the Stuart monarchs. This book explores how the later Stuart state trials helped to create that world.tury, the publication and republication of accounts of the state trials had become a standard part of the way in which modern Britons imagined how their constitutional monarchy had superseded the absolutist pretensions of the Stuart monarchs. This book explores how the later Stuart state trials helped to create that world.tury, the publication and republication of accounts of the state trials had become a standard part of the way in which modern Britons imagined how their constitutional monarchy had superseded the absolutist pretensions of the Stuart monarchs. This book explores how the later Stuart state trials helped to create that world.

Political Trials

Author: Ron Christenson

Publisher: Routledge

Published: 2017-12-02

Total Pages: 362

ISBN-13: 1351498576

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"Political trials take issues of responsibility, conscience, representation, and legitimacy, which are tied in tight political and legal knots, and force us to face questions about our public identity, our standards for public policy, and our sense of history. Ron Christenson explores how political trials, especially those within the rule of law, engage society's conflicting values and loyalties. He examines numerous political trials throughout history, bringing into question basic foundations of law, politics, and society. Christenson classifies political trials according to the issues they generate in the political sphere: partisan trials are spurious legal proceedings but politically expedient; trials of corruption and insanity raise questions of public and personal responsibility; trials of dissenters involve problems of conscience; trials of nationalists highlight the nature of representation and the relationship of the part to the whole; and trials of regimes engage the most fundamental concept of both law and politics--legitimacy. Political Trials brings these considerations to bear on some of the best-known cases in history, including the Gunpowder Plot; the Spanish Inquisition; the Dreyfus affair; the Nuremburg trials; trials of dissenters such as Socrates, Thomas More, Roger Williams, and the Berrigan brothers; and trials of nationalists such as Joan of Arc, Gandhi, Knut Hamsun, and the Irish republicans. Since the first edition appeared, a number of notable political trials have raised critical issues for society. Shocking public exposures about the Guildford 4 and Maguire 7 trials shook the British criminal justice establishment, while in the United States trials concerning the beating of Rodney King led up to the O.J. Simpson spectacle and a host of parallel questions. The trials of right-wing terrorists such as Paul Hill, found guilty of murdering an abortion doctor, and Timothy McVeigh, convicted of the Oklahoma City federal building bombing, parallel "

Political Trials in Ancient Greece (Routledge Revivals)

Author: Richard A. Bauman

Publisher: Routledge

Published: 2020-03-26

Total Pages: 180

ISBN-13: 1000082938

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During the inspired years of the Athenian empire, through the tragedy of its collapse, to the more prosaic era that followed, most of the great names in Athenian history were involved in the procedures of criminal law. Political Trials in Ancient Greece, first published in 1990, explores the relationships between historical process, constitution, law, political machinations and foreign policy, concentrating on fifth and fourth century Athens and on Macedonia. These trials contribute significant details to our knowledge of such towering figures as Aeschylus, Pericles, Thucydides, Alcibiades, Socrates, Demosthenes and Aristotle, as well as a diverse collection of Macedonian defendants. The jurisdiction of the Areopagus, trials of communities, and the personal jurisdiction of the Macedonian king are also examined. Richard Bauman’s original account broadens our understanding of Greek legal institutions and of the ancient Greek approach to the law, as well as the general ethos of Athenian and Macedonian society.