The Trial
Four Thousand Years of Courtroom Drama
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- 11,99 €
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- 11,99 €
Descripción editorial
For as long as accuser and accused have faced each other in public, criminal trials have been establishing far more than who did what to whom–and in this fascinating book, Sadakat Kadri surveys four thousand years of courtroom drama.
A brilliantly engaging writer, Kadri journeys from the silence of ancient Egypt’s Hall of the Dead to the clamor of twenty-first-century Hollywood to show how emotion and fear have inspired Western notions of justice–and the extent to which they still riddle its trials today. He explains, for example, how the jury emerged in medieval England from trials by fire and water, in which validations of vengeance were presumed to be divinely supervised, and how delusions identical to those that once sent witches to the stake were revived as accusations of Satanic child abuse during the 1980s.
Lifting the lid on a particularly bizarre niche of legal history, Kadri tells how European lawyers once prosecuted animals, objects, and corpses–and argues that the same instinctive urge to punish is still apparent when a child or mentally ill defendant is accused of sufficiently heinous crimes.
But Kadri’s history is about aspiration as well as ignorance. He shows how principles such as the right to silence and the right to confront witnesses, hallmarks of due process guaranteed by the U.S. Constitution, were derived from the Bible by twelfth-century monks. He tells of show trials from Tudor England to Stalin’s Soviet Union, but contends that “no-trials,” in Guantánamo Bay and elsewhere, are just as repugnant to Western traditions of justice and fairness. With governments everywhere eroding legal protections in the name of an indefinite war on terror, Kadri’s analysis could hardly be timelier.
At once encyclopedic and entertaining, comprehensive and colorful, The Trial rewards curiosity and an appreciation of the absurd but tackles as well questions that are profound. Who has the right to judge, and why? What did past civilizations hope to achieve through scapegoats and sacrifices–and to what extent are defendants still made to bear the sins of society at large? Kadri addresses such themes through scores of meticulously researched stories, all told with the verve and wit that won him one of Britain’s most prestigious travel-writing awards–and in doing so, he has created a masterpiece of popular history.
PUBLISHERS WEEKLY
Kadri's history of the criminal trial in the Western legal tradition presents representative cases, many famous, some little known, to illustrate the approaches, both rational and not, that organized societies have used to deal with law-breaking. One theme is the role of evidence in criminal prosecutions. Medieval trial by ordeal, for example, relied on the direct intervention of God to reveal guilt or innocence. In later epochs, confessions were accorded decisive weight, even if they were extracted by torture, as in the Inquisition and Stalin's show trials. Today, of course, we apply an intricate code of evidence, but, the author says, we still have verdicts based on ignorance and hysteria, and we have celebrity trials where evidence is subordinated to publicity. Much more serious is Kadri's summary of war crimes prosecutions stemming from atrocities in WWII and in Vietnam. Not many of the trials discussed reached objectively just conclusions, but these judicial failures tend to illuminate the dynamics (secrecy vs. transparency, hatred of crime vs. fear of mistaken verdicts) underlying criminal prosecutions. This thoughtful survey by Kadri, a prize-winning travel writer and criminal lawyer in England, helps us understand how far our system has advanced and how far we still have to go. B&w illus.