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Public Trials - Burke, Zola, Arendt, and the Politics of Lost Causes (Hardcover)
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Public Trials - Burke, Zola, Arendt, and the Politics of Lost Causes (Hardcover)
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How should we view moments of democratic failure, when both the law
and citizens forsake justice? Do such moments reveal a wholesale
failure of democracy or a more contested failing, pointing to what
could have been? There are certain moments, such as the American
founding or the Civil Rights Movement, that we revisit again and
again as instances of democratic triumph, and there are other
moments that haunt us as instances of democratic failure. Public
Trials looks at the writings of three theorists who diagnosed
moments of the latter type: Edmund Burke's writings on Warren
Hastings's impeachment in late 18th century Britain, Emile Zola's
writings on the Dreyfus Affair, and Hannah Arendt's writings on the
Eichmann trial. All three claimed that law and legal officials
failed to do full justice to the new crimes they confronted -
Hastings's imperial oppression of Indians, the French government's
"crime against society, " and Eichmann's "crimes against humanity.
" They also argued that this legal failure was enabled and
supported by broad public complicity in the national myths that
made injustice (or incomplete justice) appear as justice. Maxwell
looks at these three instances in order to challenge two dominant
understandings of popular and legal failure in democratic theory
that obscure how unsuccessful judgments can be productive. The
first is that popular failure of a judgment indicates an irrational
public (as legal checks and/or procedures for deliberation ensure
justice); the second is that legal failure occurs when a judgment
does not meet with the popular, national will. By contrast, Maxwell
sees these instances as an opportunity to question dominant norms
of democratic thought. She argues that these narratives of
democratic failure reveal problems with the idea that law can save
the people from its failures. Burke, Zola, and Arendt recast
instances of democratic failure in such a way that they become
instructive in cultivating public responsiveness to such failures
in the future. As Public Trials shows, such "lost cause narratives
" foreground the importance of democratic action by telling stories
about how the people could have pursued justice even in moments
when the cause seemed foregone.
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