Political Justice: The Use of Legal Procedure for Political Ends

Otto Kirchheimer

Published by Princeton University Press 1961

Political Justice

The Use of Legal Procedure for Political Ends

Otto Kirchheimer

Volume 2303 in the series Princeton Legacy Library

https://doi.org/10.1515/9781400878529

Overview
Contents

About this book

How have regimes used the agencies of criminal justice for their own purposes? What characterizes the linkage of politics and justice? Drawing on a wealth of foreign and domestic source material, Otto Kirchheimer examines systematically the structure of state protection, the nature of a strictly "political" trial, including the trial by fiat of the successor regime, and the forms of legal repression that states have used against political organizations. He analyzes the Nuremberg trials, the Communist purge trials, and a number of Smith Act trials. In two highly original chapters he also explores the political and judicial nature of asylum and clemency. This study of the uneasy balance between abstract justice and political expediency is a contribution to constitutional and criminal law, political science, and social psychology.

Originally published in 1961.

The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Topics

Frontmatter Publicly Available Download PDF	i
PREFACE Requires Authentication Unlicensed Licensed Download PDF	vii
CONTENTS Publicly Available Download PDF	xi
CHAPTER I. INTRODUCTION Requires Authentication Unlicensed Licensed Download PDF	1
PART ONE. Political Justice: Cases, Causes, Methods
CHAPTER II. CHANGES IN THE STRUCTURE OF STATE PROTECTION Requires Authentication Unlicensed Licensed Download PDF	25
CHAPTER III. THE POLITICAL TRIAL Requires Authentication Unlicensed Licensed Download PDF	46
CHAPTER IV. LEGAL REPRESSION OF POLITICAL ORGANIZATIONS Requires Authentication Unlicensed Licensed Download PDF	119
PART TWO. The Judge, the Defendant, and the State
CHAPTER V. CONDITIONS OF JUDICIAL ACTION Requires Authentication Unlicensed Licensed Download PDF	173
CHAPTER VI. THE DEFENDANT, HIS LAWYER, AND THE COURT Requires Authentication Unlicensed Licensed Download PDF	225
CHAPTER VII. “DEMOCRATIC CENTRALISM” AND POLITICAL INTEGRATION OF THE JUDICIARY Requires Authentication Unlicensed Licensed Download PDF	259
CHAPTER VIII. TRIAL BY FIAT OF THE SUCCESSOR REGIME Requires Authentication Unlicensed Licensed Download PDF	304
PART THREE. Political Justice Modified: Asylum and Clemency
CHAPTER IX. ASYLUM Requires Authentication Unlicensed Licensed Download PDF	349
CHAPTER X. THE QUALITY OF MERCY Requires Authentication Unlicensed Licensed Download PDF	389
CHAPTER XI. SUMMING UP Requires Authentication Unlicensed Licensed Download PDF	419
APPENDIX A. THE ROMAN EMPIRE AND THE CHRISTIANS Requires Authentication Unlicensed Licensed Download PDF	433
APPENDIX B. GUILLAUME DU VAIR: THE CASE OF T H E SUCCESSFUL LOYALTY SHIFT Requires Authentication Unlicensed Licensed Download PDF	434
INDEX Requires Authentication Unlicensed Licensed Download PDF	437