Politics On Trial

This book presents an empirically rigorous and theoretically sophisticated account of political trials.

Is democracy as we know it in danger? More and more we confront one another as aggrieved groups rather than as free citizens. Deepening cynicism, the growth of corrosive individualism, statism, and the loss of civil society are warning signs that democracy may be incapable of satisfying the yearnings it itself unleashes - yearnings for freedom, fairness, and equality. In her 1993 CBC Massey Lectures, political philosopher Jean Bethke Elshtain delves into these complex issues to evaluate democracy's chances for survival.

Elshtain distinguishes her own position from those of both the Left and the Right, demonstrating why she has been called one of our most interesting and independent civic thinkers. Responding to critics of democracy, ancient and modern, Elshtain urges us to have the courage of our most authentic democratic convictions. We need, she insists, both hope and a sense of reality.

A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.

The modern use of international tribunals to try heads of state for genocide and crimes against humanity is often considered a positive development. In A History of Political Trials, John Laughland shows that trials of heads of state are in fact not new, and that previous trials throughout history have themselves violated the law and due process.

In 1876, a recently dethroned sultan, Abdülaziz, was found dead in his cham- bers, the veins in his arm slashed. Five years later, a group of Ottoman senior officials stood a criminal trial and were found guilty for complicity in his murder. Among the defendants was the world-famous statesman former Grand Vizier and reformer Ahmed Midhat Pasa, a political foe of the autocratic sultan Abdülhamit II, who succeeded Abdülaziz and ruled the empire for thirty-three years. The alleged murder of the former sultan and the trial that ensued were political dramas that captivated audiences both domestically and internationally. The high-profile personalities involved, the international politics at stake, and the intense newspaper coverage all rendered the trial an historic event, but the question of whether the sultan was murdered or committed suicide re- mains a mystery that continues to be relevant in Turkey today. Drawing upon a wide range of narrative and archival sources, Rubin explores the famous yet understudied trial and its representations in contemporary public discourse and subsequent historiography. Through the reconstruction and analysis of various aspects of the trial, Rubin identifies the emergence of a new culture of legalism that sustained the first modern political trial in the history of the Middle East.