Great Trials And The Law In The Historical Imagination

Great Trials and the Law in the Historical Imagination: A Law and Humanities Approach introduces readers to the history of law and issues in historical, legal, and artistic interpretation by examining six well-known historical trials through works of art that portray them. Great Trials provides readers with an accessible, non-dogmatic introduction to the interdisciplinary ‘law and humanities’ approach to law, legal history, and legal interpretation. By examining how six famous/notorious trials in Western history have been portrayed in six major works of art, the book shows how issues of legal, historical, and artistic interpretation can become intertwined: the different ways we embed law in narrative, how we bring conscious and subconscious conceptions of history to our interpretation of law, and how aesthetic predilections and moral commitments to the law may influence our views of history. The book studies well-known depictions of the trials of Socrates, Cicero, Jesus, Thomas More, the Salem ‘witches’, and John Scopes and provides innovative analyses of those works. The epilogue examines how historical methodology and historical imagination are crucial to both our understanding of the law and our aesthetic choices through various readings of Harper Lee’s beloved character, Atticus Finch. The first book to employ a ‘law and humanities’ approach to delve into the institution of the trial, and what it means in different legal systems at different historical times, this book will appeal to academics, students and others with interests in legal history, law and popular culture and law and the humanities.

An injustice to one is a threat made to all (Montesquieu). This book seeks to document and analyse the great legal trials of history, from ancient times to our days. The protagonists include Socrates, Catiline, Sacco and Vanzetti, and Oscar Wilde. The careful reader will naturally wonder, how fair were these trials? This book narrates the trials and provides an original historical account of the evolution of human civilization from a range of perspectives. Indeed, the author posits that from the various charges, exchanges between prosecution and defence and intentions expressed in the cases. The great existential values of humanity are revealed. Our protagonists embodied ideals that remain current to this day. Each one of them has left us a specific message to reflect upon.

This is a new release of the original 1926 edition.

This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the ‘legal imagination.’ Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes ‘the transatlantic constitution’ and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. The work provides stimulating reading for those working in the areas of legal philosophy, legal history and law and humanities and law and language.

A wonderful summary of famous trials throughout history, from Jesus Christ to Oscar Wilde

Historical Imagination examines the threshold between what historians consider to be proper, imagination-free history and the malpractice of excessive imagination, asking where the boundary between the two sits and the limits of permitted imagination for the historian. We use "imagination" to refer to a mental skill that encompasses two different tasks: the reconstruction of previously experienced parts of the world and the creation of new objects and experiences with no direct connection to the actual world. In history, imagination means using the mind's eye to picture both the actual and inactual at the same time. All historical works employ at least some creative imagination, but an excess is considered "too much". Under what circumstances are historians permitted to cross this boundary into creative imagination and how far can they go? Supporting theory with relatable examples, Staley shows how historical works are a complex combination of mimetic and creative imagination and offers a heuristic for assessing this ratio in any work of history. Setting out complex theoretical concepts in an accessible and understandable manner and encouraging the reader to consider both the nature and limits of historical imagination, this is an ideal volume for students and scholars of the philosophy of history.