Political Trials in Theory and History

Jens Meierhenrich is Associate Professor of International Relations at the London School of Economics and Political Science. His books include The Legacies of Law: Long-Run Consequences of Legal Development in South Africa, 1652-2000 (Cambridge, 2008), which won the American Political Science Association's 2009 Woodrow Wilson Foundation Award for the best book on politics, government, or international affairs, Lawfare: Gacaca Jurisdictions, 1994-2010 (Cambridge, forthcoming), and, as co-editor, The Oxford Handbook of Carl Schmitt (2016). Devin O. Pendas is Associate Professor of History at Boston College, Massachusetts. He is the author of The Frankfurt Auschwitz Trial, 1963-1965: History, Genocide, and the Limits of the Law (Cambridge, 2006) and the co-editor of Beyond the Racial State: Rethinking Nazi Germany (with Mark Roseman and Richard F. Wetzell, Cambridge, 2018).

'This is a remarkable book. Meierhenrich and Pendas have assembled a wonderful and coherent collection. They offer a new understanding of political trials, one which illuminates both the juridical dimensions of political life and the way political meanings shape courts and trials. Broad in its historical and cultural sweep, impressive in its scholarship, uniformly persuasive, Political Trials in Theory and History will quickly become a must-read among students of law and politics.' Austin Sarat, Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College, Massachusetts

• 1. Political trials in theory and history Jens Meierhenrich and Devin O. Pendas; 2. The trial of Socrates as a political trial: explaining 399 BCE Josiah Ober; 3. The trial and crucifixion of Jesus: a formal model Ron E. Hassner and Kenneth Sexauer; 4. Jan Hus in the medieval ecclesiastical courts Thomas A. Fudge; 5. The French Revolutionary trials Laurence Winnie; 6. The Soviet Union, the Nuremberg Trials, and the politics of the postwar moment Francine Hirsch; 7. 'Brown v. Board of Education': private civil litigation as a political trial Mark Tushnet; 8. The Eichmann trial in law and memory Devin O. Pendas; 9. In the theater of the rule of law: performing the Rivonia trial in South Africa, 1963–4 Jens Meierhenrich and Catherine M. Cole; 10. China's Gang of Four trial: the law v. the laws of history Alexander C. Cook; 11. Anger, honor, and truth: the political prosecution of Neopolitan organized crime Marco Jacquemet; 12. 'This following orders thing is very relative': ascriptions and performances of responsibility in the Causa ESMA, 1983–7 Christiane Wilke; 13. The Microsoft case as a political trial William H. Page and John E. Lopatka; 14. The trials of Khodorkovsky in Russia Richard Sakwa; 15. Nashiri in Gitmo: the wages of legitimacy in trials before the Guantanamo Military Commissions Lawrence Douglas.