THE TRIAL: A History, from Socrates to O.J. Simpson. By Sadakat
Kadri. 459 pages. Random House. $29.95.
Among the earliest concepts that took form in human civilization was
that some method needed be in place to compensate for wrongs done by one
individual or group to another. Man is a clever, often manipulative social
animal, however. How, then, is the word of one against another to be
judged? Who speaks truth and who is bending truth to suit their designs?
The oldest laws yet found - Babylonian law, enacted by Hammurabi in the
18th century BC - already addressed the question of false witnesses. From
the beginning, our tendency toward deceitfulness needed to be factored in.
In "The Trial," Sadakat Kadri, a practicing English barrister and
qualified New York attorney, considers the course of Western
civilization's methods of justice throughout history. More, he does so
with a snappy, engaging prose style that keeps the pages turning.
He walks the reader through cold Icelandic valleys ringed by lava
cliffs and rivers, where Law Speaker, lawyers and jurors alike kept
massive axes at the ready should the legal proceedings suddenly become
more, well, intense. Trials, he reminds the reader, did not steadily
evolve from reasoned argument in the Greek tradition. For many years,
particularly following the adoption of Christianity as the dominant
Western religion, trial by combat or by ordeal replaced intellectual
argument. It was assumed that God would sort the innocent from the
maleficent.
The path of the legal system also follows the advance of oration. From
Cicero to Clarence Darrow and Johnnie Cochran, those who have a way with
words can catch the ears and sway the decisions of jurors.
The art of blinding with brilliance and baffling with substances
decidedly less brilliant is discussed in detail as are famous cases
aplenty. Witch trials - English, Continental and in the colonies - fill
many pages. Here, too, is Nuremberg, Lt. William Calley, Bernhard Goetz
and the Moscow Show Trials.
Absorbing throughout, "The Trial" makes a superb lay introduction to
legal proceedings. Where we are today, the book might argue, might be
understood by retracing how we got here.