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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
The Founding of the American Republic is on trial. Critics say it was a poison pill with a time-release formula; we are its victims. Its principles are responsible for the country's moral and social disintegration because they were based on the Enlightenment falsehood of radical individual autonomy. In this well-researched book, Robert Reilly declares: not guilty. To prove his case, he traces the lineage of the ideas that made the United States, and its ordered liberty, possible. These concepts were extraordinary when they first burst upon the ancient world: the Judaic oneness of God, who creates ex nihilo and imprints his image on man; the Greek rational order of the world based upon the Reason behind it; and the Christian arrival of that Reason (Logos) incarnate in Christ. These may seem a long way from the American Founding, but Reilly argues that they are, in fact, its bedrock. Combined, they mandated the exercise of both freedom and reason. These concepts were further developed by thinkers in the Middle Ages, who formulated the basic principles of constitutional rule. Why were they later rejected by those claiming the right to absolute rule, then reclaimed by the American Founders, only to be rejected again today? Reilly reveals the underlying drama: the conflict of might makes right versus right makes might. America's decline, he claims, is not to be discovered in the Founding principles, but in their disavowal.
Theater requires artifice, justice demands truth. Are these demands as irreconcilable as the pejorative term “show trials” suggests? After the Second World War, canonical directors and playwrights sought to claim a new public role for theater by restaging the era’s great trials as shows. The Nuremberg trials, the Eichmann trial, and the Auschwitz trials were all performed multiple times, first in courts and then in theaters. Does justice require both courtrooms and stages? In Staged, Minou Arjomand draws on a rich archive of postwar German and American rehearsals and performances to reveal how theater can become a place for forms of storytelling and judgment that are inadmissible in a court of law but indispensable for public life. She unveils the affinities between dramatists like Bertolt Brecht, Erwin Piscator, and Peter Weiss and philosophers such as Hannah Arendt and Walter Benjamin, showing how they responded to the rise of fascism with a new politics of performance. Linking performance with theories of aesthetics, history, and politics, Arjomand argues that it is not subject matter that makes theater political but rather the act of judging a performance in the company of others. Staged weaves together theater history and political philosophy into a powerful and timely case for the importance of theaters as public institutions.
A powerful examination of what's wrong with our criminal justice system and what needs to be done to fix it.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
A vital history of organizing within and beyond the walls of women’s prisons in the 1970s, illuminating a crucial chapter in today’s abolition feminist struggles. This new edition of an award-winning book features a foreword from acclaimed scholar-activist Sarah Haley and an afterword by Thuma. During the 1970s, grassroots activists within and beyond the walls of women’s prisons forged a radical politics against gender violence and incarceration. Scholar-activist Emily L. Thuma traces the making of this anticarceral feminism at the intersections of struggles for racial and economic justice, imprisoned and institutionalized people’s rights, and gender and sexual liberation. All Our Trials chronicles the organizing, ideas, and influence of those who placed criminalized and marginalized women at the heart of their antiviolence mobilizations. This activism confronted a "tough on crime" political agenda and clashed with the mainstream women’s movement’s strategy of resorting to the criminal legal system as a solution to sexual and domestic violence. Drawing on extensive research, Thuma weaves together the stories of mass defense campaigns, prisoner uprisings, coalition organizing, and activist publications that cut through prison walls. In the process, All Our Trials reveals a vibrant culture of opposition to interpersonal and state violence that both transforms our understanding of 1970s social movements and illuminates the history of present struggles for transformative justice. Winner of the 2020 Lambda Literary Award for LGBTQ Studies Shortlisted for the Organization of American Historians’ Nickliss Prize and the American Studies Association’s Romero Prize
"He won't be tried in the United States. He can't be tried by an international tribunal. So Donald Rumsfeld will have to be prosecuted by book."—from The Trial of Donald RumsfeldThe Trial of Donald Rumsfeld lays out the evidence that high-level officials of the Bush administration ordered, authorized, implemented, and permitted war crimes, in particular the crimes of torture and cruel, inhuman, and degrading treatment.Using primary source documents ranging from Rumsfeld's "techniques chart" and Iraqi plaintiffs' statements to the testimony of whistleblowers and key pieces of reportage, the book sets forth evidence of a torture program that took place throughout the world: in Afghanistan, Iraq, Guantánamo, secret CIA prisons, and other places unknown.The accused are accorded a defense drawn from their memos and public statements. Readers are allowed to judge whether the Bush administration has engaged in torture and whom among the administration to hold responsible.Reminiscent of Christopher Hitchens's bestselling The Trial of Henry Kissinger, The Trial of Donald Rumsfeld constitutes one of the only attempts to hold high-ranking Bush administration officials criminally responsible for their actions.Includes excerpts from:• testimony from Abu Ghraib victims and the Tipton Three• the interrogation log from Mohammed al Qahtani's detainment at Guantánamo• the Gonzales, Yoo, and Bybee memos• the U.S. Army's Fay/Jones Report on the abuse of prisoners at Abu Ghraib• the August 2004 Final Report of the Independent Panel to Review Department of Defense Detention Operations• testimony from the former head of Abu Ghraib, Janis Karpinski• and analyses by Peter Weiss, Wolfgang Kaleck, Vincent Warren, and others
The enormous costs to society of PTSD.
Includes material on the case of Steve Titus, Ted Bundy, Timothy Hennis, Tony Herrerez, Howard Haupt, Clarence Von Williams, John Demjanjuk, and Tyrone Briggs.