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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.
The 'racial state' has become a familiar shorthand for the Third Reich, encapsulating its raison d'etre, ambitions, and the underlying logic of its genocidal violence. The Nazi racial state's agenda is generally understood as a fundamental reshaping of society based on a new hierarchy of racial value. However, this volume argues that it is time to reappraise what race really meant under Nazism, and to question and complicate its relationship to the Nazis' agenda, actions, and appeal. Based on a wealth of new research, the contributors show that racial knowledge and racial discourse in Nazi Germany were far more contradictory and disparate than we have come to assume. They shed new light on the ways that racial policy worked and was understood, and consider race's function, content, and power in relation to society and nation, and above all, in relation to the extraordinary violence unleashed by the Nazis.
The Frankfurt Auschwitz trial was the largest, most public, and most important trial of Holocaust perpetrators conducted in West German courts. Drawing on a wide range of archival sources, Devin O. Pendas provides a comprehensive history of this momentous event. Situating the trial in a thorough analysis of West German criminal law, this book argues that in confronting systematic, state-sponsored genocide, the Frankfurt court ran up against the limits of law. Because many of the key categories of German criminal law were defined with direct reference to the specific motives of the defendants, the trial was unable to adequately grasp the deep social roots and systematic character of Nazi genocide. Much of the trial's significance came from the vast public attention it captured, and this book provides a compelling account of the divided response to the trial among the West German public.
Post-war Germany has been seen as a model of 'transitional justice' in action, where the prosecution of Nazis, most prominently in the Nuremberg Trials, helped promote a transition to democracy. However, this view forgets that Nazis were also prosecuted in what became East Germany, and the story in West Germany is more complicated than has been assumed. Revising received understanding of how transitional justice works, Devin O. Pendas examines Nazi trials between 1945 and 1950 to challenge assumptions about the political outcomes of prosecuting mass atrocities. In East Germany, where there were more trials and stricter sentences, and where they grasped a broad German complicity in Nazi crimes, the trials also helped to consolidate the emerging Stalinist dictatorship by legitimating a new police state. Meanwhile, opponents of Nazi prosecutions in West Germany embraced the language of fairness and due process, which helped de-radicalise the West German judiciary and promote democracy.
The Frankfurt Auschwitz trial was the largest, most public, and most important trial of Holocaust perpetrators conducted in West German courts. Drawing on a wide range of archival sources, Devin O. Pendas provides a comprehensive history of this momentous event. Situating the trial in a thorough analysis of West German criminal law, this book argues that in confronting systematic, state-sponsored genocide, the Frankfurt court ran up against the limits of law. Because many of the key categories of German criminal law were defined with direct reference to the specific motives of the defendants, the trial was unable to adequately grasp the deep social roots and systematic character of Nazi genocide. Much of the trial's significance came from the vast public attention it captured, and this book provides a compelling account of the divided response to the trial among the West German public.
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