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Spectacles and Specters Basak Ertur

Spectacles and Specters By Basak Ertur

Spectacles and Specters by Basak Ertur


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Spectacles and Specters Summary

Spectacles and Specters: A Performative Theory of Political Trials by Basak Ertur

WINNER, SLSA SOCIO-LEGAL THEORY AND HISTORY PRIZE
SHORTLISTED, THE HART-SLSA BOOK PRIZE
Spectacles and Specters draws on theories of performativity to conceptualize the entanglements of law and political violence, offering a radical departure from accounts that consider political trials as instrumental in exercising or containing political violence. Legal scholar Basak Ertur argues instead that making sense of the often incalculable interpenetrations of law, politics, and violence in trials requires shifting the focus away from laws instrumentality to its performativity.
Ertur develops a theory of political trials by reconstructing and building on a legacy of critical thought on Nuremberg in close engagement with theories of performativity. She then offers original case studies that introduce a new perspective by looking beyond the Holocaust trials, to the Armenian genocide and its fragmentary legal aftermaths. These cases include the 1921 trial of Soghomon Tehlirian, the 2007-21 Hrant Dink Murder Trial, and the 2015 case before the European Court of Human Rights concerning the denial of the Armenian genocide.
Enabling us to capture the various modalities in which the political emerges in, through and in relation to legal forms on the stage of the trial, this focus on laws performativity also allows us to account for how sovereign schemes can misfire and how trials can come to have unintended political lives and afterlives. Further, it reveals how law is entangled with and perpetuates certain histories of violence, rather than simply ever mastering these histories or providing closure.

About Basak Ertur

Basak Ertur is a critical legal scholar based at the Centre for Research Architecture at Goldsmiths, University of London.

Table of Contents

Preface | ix
Introduction | 1
Performativity and Performance Performativity and Errancy Rethinking the Politics of Trials
Law and Violence: An Oblique Address
PART I: A PERFORMATIVE THEORY OF POLITICAL TRIALS
1 Theorizing Political Trials | 21
Kirchheimer: Setting the Parameters Judgment on Nuremberg
Arendt: A Trial of Ones Own? The Breach That Speaks the Bind
Shklar: Theres Politics and Politics Between Atrocity and Legal Violence
2 The Form and Substance of Doing Justice: Law, Performativity, Performance | 52
Not a Profound Word Law and Performativity Masquerade and Fate
The Trial: Performativity and Performance
3 Sovereign Infelicities | 76
Three Scenes Sovereign Spectacles Sovereign Performatives?
(Mis)Reading the Performative as Performance Derridas Austin: Sovereign Pretensions
Performing the (Structural) Unconscious Undoing Sovereignty
PART II: TRACING THE SPECTERS IN THE SPECTACLES
4 Ghosts in the Courtroom: The Trial of Soghomon Tehlirian | 103
Talat Tehlirian Enter Ghost The Telegrams The Haunted Hunter
The Many Lives of Tehlirian The Politics of Haunting
5 Spectral Legacies: Legal Aftermaths of the Armenian Genocide | 131
Legal Returns Atemporal Histories of Terror Process unto Oblivion
Genocide as Counter-Memory
6 Law of Denial: The Armenian Genocide before the European Court of Human Rights | 156
The Envoy The Judge, The Historian, and the Politician Judging the Presence of the Past
Conclusion | 175
Acknowledgments | 187
Notes | 191
Index | 223

Additional information

NGR9781531501860
9781531501860
1531501869
Spectacles and Specters: A Performative Theory of Political Trials by Basak Ertur
New
Paperback
Fordham University Press
2022-11-15
272
Winner of SLSA Socio-Legal Theory and History Prize 2024 Short-listed for The HartSLSA Book Prize 2024
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