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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.
When Chelsea Manning was arrested in May 2010 for leaking massive
amounts of classified Army and diplomatic documents to WikiLeaks,
she was almost immediately profiled by the mainstream press as a
troubled person: someone who had experienced harassment due to her
sexual orientation and gender non-conformity, and who leaked
documents not on behalf of the public good, but out of motives of
personal revenge or, as suggested in the New York Times, "delusions
of grandeur." Compared implicitly to Daniel Ellsberg's apparently
selfless devotion to the truth and the public good, Manning comes
up short in these profiles-a failed whistleblower who deserves pity
rather than political solidarity. The first book-length theoretical
treatment of Manning's actions, Insurgent Truth argues for seeing
Manning's example differently: as an act of what the book terms
"outsider truth-telling." Bringing Manning's truth-telling into
conversation with democratic, feminist, and queer theory, the book
argues that outsider truth-tellers such as Manning tell or enact
unsettling truths from a position of social illegibility.
Challenging the social alignment of credibility with gendered,
classed, and raced traits, outsider truth-tellers reveal oppression
and violence that the dominant class would otherwise not see, and
disclose the possibility of a more egalitarian form of life. Read
as outsider truth-telling, the book argues that Manning's acts were
not aimed at curbing corporate or governmental bad acts, but
instead at transforming public discourse and agency, and inciting a
solidaristic public. The book suggests that Manning's actions offer
a productive example of democratic truth-telling for all of us.
Lida Maxwell develops this argument through an examination of
Manning's prison writings, the lengthy chat logs between Manning
and the hacker who eventually turned her in, various journalistic,
artistic, and academic responses to Manning, and by comparing
Manning's example and writings with the work and actions of other
outsider truth-tellers, including Cassandra, Virginia Woolf, Bayard
Rustin, and Audre Lorde. Showing the shortcomings of existing
approaches to truth and politics, Maxwell advances a new
theoretical framework through which to understand truth-telling in
politics: not only as a practice of offering a pre-political common
ground of "facts" to politics, but also as the practice of
unsettling public discourse by revealing the oppression and
domination that it often masks.
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. 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, and still
might be? Public Trials reveals the considerable stakes of how we
understand democratic failure. Maxwell argues against a tendency in
the thinking of Plato, Rousseau and contemporary theorists to view
moments of democratic failure as indicative of the failure of
democracy, insomuch as such thinking leads to a deference to
authority that unintentionally encourages complicity in elite and
legal failures to assure justice. In contrast, what Maxwell calls
"lost cause narratives" of democratic failure reveal the
contingency of democratic failure by showing that things "could
have been" otherwise - and, with public action and response, might
yet be. A politics of lost causes calls for democratic
responsiveness to failure via practices of resistance, theatrical
claims-making, and re-narration. Maxwell makes a powerful case for
the politics of lost causes by examining public controversies over
trials. She focuses on the dilemmas and diagnoses of democratic
failure in four instances: Edmund Burke's speeches and writings on
the Warren Hastings trial in late eighteenth century Britain, Emile
Zola's writings on the Dreyfus Affair in late nineteenth century
France, Hannah Arendt's writings on the Eichmann trial in 1960's
Israel, and Kathryn Bigelow's recent narration of (the lack of)
trials of alleged terrorist detainees in Zero Dark Thirty. Maxwell
marshals her subtle, historically grounded readings of these texts
to show the dangers of despairing of democracy altogether, as well
as the necessity of re-narrating instances of democratic failure so
as to cultivate public responsiveness to such failures in the
future.
The essays collected here, by both eminent and emerging scholars,
engage interlocutors from Machiavelli to Arendt. Individually, they
contribute compelling readings of important political thinkers and
add fresh insights to debates in areas such as environmentalism and
human rights. Together, the volume issues a call to think anew
about nature, not only as a traditional concept that should be
deconstructed or affirmed but also as a site of human political
activity and struggle worthy of sustained theoretical attention.
When Chelsea Manning was arrested in May 2010 for leaking massive
amounts of classified Army and diplomatic documents to WikiLeaks,
she was almost immediately profiled by the mainstream press as a
troubled person: someone who had experienced harassment due to her
sexual orientation and gender non-conformity, and who leaked
documents not on behalf of the public good, but out of motives of
personal revenge or, as suggested in the New York Times, "delusions
of grandeur." Compared implicitly to Daniel Ellsberg's apparently
selfless devotion to the truth and the public good, Manning comes
up short in these profiles-a failed whistleblower who deserves pity
rather than political solidarity. The first book-length theoretical
treatment of Manning's actions, Insurgent Truth argues for seeing
Manning's example differently: as an act of what the book terms
"outsider truth-telling." Bringing Manning's truth-telling into
conversation with democratic, feminist, and queer theory, the book
argues that outsider truth-tellers such as Manning tell or enact
unsettling truths from a position of social illegibility.
Challenging the social alignment of credibility with gendered,
classed, and raced traits, outsider truth-tellers reveal oppression
and violence that the dominant class would otherwise not see, and
disclose the possibility of a more egalitarian form of life. Read
as outsider truth-telling, the book argues that Manning's acts were
not aimed at curbing corporate or governmental bad acts, but
instead at transforming public discourse and agency, and inciting a
solidaristic public. The book suggests that Manning's actions offer
a productive example of democratic truth-telling for all of us.
Lida Maxwell develops this argument through an examination of
Manning's prison writings, the lengthy chat logs between Manning
and the hacker who eventually turned her in, various journalistic,
artistic, and academic responses to Manning, and by comparing
Manning's example and writings with the work and actions of other
outsider truth-tellers, including Cassandra, Virginia Woolf, Bayard
Rustin, and Audre Lorde. Showing the shortcomings of existing
approaches to truth and politics, Maxwell advances a new
theoretical framework through which to understand truth-telling in
politics: not only as a practice of offering a pre-political common
ground of "facts" to politics, but also as the practice of
unsettling public discourse by revealing the oppression and
domination that it often masks.
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