History On Trial

In her acclaimed 1993 book Denying the Holocaust, Deborah Lipstadt called putative WWII historian David Irving "one of the most dangerous spokespersons for Holocaust denial." A prolific author of books on Nazi Germany who has claimed that more people died in Ted Kennedy's car at Chappaquiddick than in the gas chambers at Auschwitz, Irving responded by filing a libel lawsuit in the United Kingdom -- where the burden of proof lies on the defendant, not on the plaintiff. At stake were not only the reputations of two historians but the record of history itself.

An incisive overview of the current debate over the teaching of history in American schools examines the setting of controversial standards for history education, the integration of multiculturalism and minorities into the curriculum, and ways to make history more relevant to students. Reprint.

Now a major motion picture starring Rachel Weisz, Timothy Spall and Tom Wilkinson. “A compelling book: memoir and courtroom drama, a work of historical and legal import. ” -- Jewish Week Deborah Lipstadt, author of the groundbreaking Denying the Holocaust, chronicles her six-year legal battle with controversial British World War II historian David Irving that culminated in a sensational 2000 trial in London In her acclaimed 1993 book Denying the Holocaust, Deborah Lipstadt called putative World War II historian David Irving “one of the most dangerous spokespersons for Holocaust denial”, a conclusion that she reached by examining his cunning manipulations of evidence, partisanship to Hitler, persistent exoneration of the Third Reich, and his confirmed celebrity among swelling ranks of anti-Semitic organizations internationally. In 1994, Irving filed a libel lawsuit, not in the U.S. courtroom—where the onus of proof lies on the plaintiff, but in the UK—where the onus of proof lies on the defendant. At stake were not only the reputations of two historians, but the record of history itself. The four-month trial took place in London in 2000 and drew international attention. With the help of a first-rate team of solicitors and historians and the support of her UK publisher, Penguin, Lipstadt won, her victory proclaimed on the front page of major newspapers around the world. Part history, part real life courtroom drama, Denial is Lipstadt’s riveting, blow-by-blow account of the trial that tested the standards of historical and judicial truths and resulted in a formal denunciation of the infamous Holocaust denier. Originally published as History on Trial.

In many western countries, judicial decisions are based on “black letter law” – text-based, well-established law. Within this tradition, testimony based on what witnesses have heard from others, known as hearsay, cannot be considered as legitimate evidence. This interdiction, however, presents significant difficulties for Aboriginal plaintiffs who rely on oral rather than written accounts for knowledge transmission. This important book breaks new ground by asking how oral histories might be incorporated into the existing court system. Through compelling analysis of Aboriginal, legal, and anthropological concepts of fact and evidence, Oral History on Trial traces the long trajectory of oral history from community to court, and offers a sophisticated critique of the Crown’s use of Aboriginal materials in key cases. A bold intervention in legal and anthropological scholarship, this book is a timely consideration of an urgent issue facing Indigenous communities worldwide and the courts hearing their cases.

The account of a trial in which the very meaning of the Holocaust was put on the stand. D. D. Guttenplan's The Holocaust on Trial is a bristling courtroom drama where the meaning of history is questioned. The plaintiff is British author David Irving, one of the world's preeminent military historians whose works are considered essential World War II scholarship and whose biographies of leading Nazi figures have been bestsellers. Irving refuses to admit to Hitler's responsibility in the extermination of European Jewry, replying that the Holocaust as we know it never happened. The defendant is Deborah Lipstadt, who blew the whistle on Irving, calling him "one of the most dangerous spokespersons for Holocaust denial." Irving sued for libel, and under English law, it was up to Lipstadt to prove the truth of her writings, and the falseness of Irving's views.

When the Allies decided to try German war criminals at the end of World War II they were attempting not only to punish the guilty but also to create a record of what had happened in Europe. This ground-breaking new study shows how Britain and the United States went about inscribing thehistory of Nazi Germany and the effect their trial and occupation policies had on both long and short term 'memory' in Germany and Britain. Donald Bloxham here examines the actions and trials of German soldiers and policemen, the use of legal evidence, the refractory functions of the courtroom, andAllied political and cultural preconceptions of both 'Germanism' and of German criminality. His evidence shows conclusively that the trials were a failure: the greatest of all 'crimes against humanity' - the 'final solution of the Jewish question' - was largely written out of history in thepost-war era and the trials failed to transmit the breadth of German criminality. Finally, with reference to the historiography of the Holocaust, Genocide on Trial illuminates the function of the trials in perpetuating misleading generalizations about the course of the Holocaust and the nature ofNazism.

For as long as accuser and accused have faced each other in public, criminal trials have been establishing far more than who did what to whom–and in this fascinating book, Sadakat Kadri surveys four thousand years of courtroom drama. A brilliantly engaging writer, Kadri journeys from the silence of ancient Egypt’s Hall of the Dead to the clamor of twenty-first-century Hollywood to show how emotion and fear have inspired Western notions of justice–and the extent to which they still riddle its trials today. He explains, for example, how the jury emerged in medieval England from trials by fire and water, in which validations of vengeance were presumed to be divinely supervised, and how delusions identical to those that once sent witches to the stake were revived as accusations of Satanic child abuse during the 1980s. Lifting the lid on a particularly bizarre niche of legal history, Kadri tells how European lawyers once prosecuted animals, objects, and corpses–and argues that the same instinctive urge to punish is still apparent when a child or mentally ill defendant is accused of sufficiently heinous crimes. But Kadri’s history is about aspiration as well as ignorance. He shows how principles such as the right to silence and the right to confront witnesses, hallmarks of due process guaranteed by the U.S. Constitution, were derived from the Bible by twelfth-century monks. He tells of show trials from Tudor England to Stalin’s Soviet Union, but contends that “no-trials,” in Guantánamo Bay and elsewhere, are just as repugnant to Western traditions of justice and fairness. With governments everywhere eroding legal protections in the name of an indefinite war on terror, Kadri’s analysis could hardly be timelier. At once encyclopedic and entertaining, comprehensive and colorful, The Trial rewards curiosity and an appreciation of the absurd but tackles as well questions that are profound. Who has the right to judge, and why? What did past civilizations hope to achieve through scapegoats and sacrifices–and to what extent are defendants still made to bear the sins of society at large? Kadri addresses such themes through scores of meticulously researched stories, all told with the verve and wit that won him one of Britain’s most prestigious travel-writing awards–and in doing so, he has created a masterpiece of popular history.

While slavery in Canada was abolished in 1834, discrimination remained. Race on Trial contrasts formal legal equality with pervasive patterns of social, legal, and attitudinal inequality in Ontario by documenting the history of black Ontarians who appeared before the criminal courts from the mid-nineteenth to the mid-twentieth centuries. Using capital case files and the assize records for Kent and Essex counties, areas that had significant black populations because they were termini for the Underground Railroad, Barrington Walker investigates the limits of freedom for Ontario's African Canadians. Through court transcripts, depositions, jail records, Judge's Bench Books, newspapers, and government correspondence, Walker identifies trends in charges and convictions in the Black population. This exploration of the complex and often contradictory web of racial attitudes and the values of white legal elites not only exposes how blackness was articulated in Canadian law but also offers a rare glimpse of black life as experienced in Canada's past.