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The Journal of Criminal Law and Criminology (1973-)
Article . 1983 . Peer-reviewed
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A Political Theory of Political Trials

Authors: Christenson, Ronald;

A Political Theory of Political Trials

Abstract

Are political trials necessary? Do they reflect something about the nature of politics and law which makes them inevitable in every society? Or, are political trials a disease of both politics and law? Predictably, totalitarian regimes employ political trials-some sensational, most secret-in order to accomplish the obvious ends of total power: the total control of a total population. Stalin's purge trials and the Nazi Peoples' Court were juridical nightmares, demonstrating that corrupted absolute power tends toward absolute self-justification. Do such "trials" have anything in common with other trials which must also be called political, including the Wounded Knee trial, the trials of the Boston Five, the Chicago Seven, and the Berrigan brothers, or even of Galileo, Joan of Arc, and Socrates? Do political trials make a positive contribution to an open and democratic society? This Article concludes that they do make a positive contribution to an open and democratic society. They bring together for public consideration society's basic contradictions, through an examination of competing values and loyalties. They are not incompatible with the rule of law, and they are best understood by examining the questions they raise.

Country
United States
Related Organizations
Keywords

Criminology and Criminal Justice, Criminal Law, Criminology, Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
29
Top 10%
Top 10%
Average
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bronze
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