Death, wrote Walter Benjamin, lends storytellers all their
authority. How do trials, in turn, borrow their authority from
death? This book offers a groundbreaking account of the surprising
interaction between trauma and justice.
Moving from texts by Arendt, Benjamin, Freud, Zola, and Tolstoy
to the Dreyfus and Nuremberg trials, as well as the trials of O. J.
Simpson and Adolf Eichmann, Shoshana Felman argues that the
adjudication of collective traumas in the twentieth century
transformed both culture and law. This transformation took place
through legal cases that put history itself on trial, and that
provided a stage for the expression of the persecuted--the
historically "expressionless."
Examining legal events that tried to repair the crimes and
injuries of history, Felman reveals the "juridical unconscious" of
trials and brilliantly shows how this juridical unconscious is
bound up with the logic of the trauma that a trial attempts to
articulate and contain but so often reenacts and repeats. Her book
gives the drama of the law a new jurisprudential dimension and
reveals the relation between law and literature in a new light.
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