REPRESENTING JUSTICE INVENTIONPDF电子书下载

CHAPTER 1 A Remnant of the Renaissance: The Transnational Iconography of Justice 1

A PICTORIAL PUZZLE 1

A VIRTUOUS VISUAL COMPETITION 8

The Cardinal and Theological Virtues in a Psychomachia 8

The Cohort 9

Justice’s Ascent 12

JUSTICE’S VIOLENCE 12

VISUALIZING JUSTICE’S PAIN AND CHALLENGES 13

ADJUDICATION’S TRANSFORMATION: ACCESS FOR ALL BEFORE INDEPENDENT JUDGES IN OPEN COURTS 14

Celebrating and Understanding New Demands 15

Building Idioms: Transparency, Access, Identity, and Security 15

DEMOCRACY’S CHALLENGES 16

Privatizing Process and Controlling Access 16

The Decline of Adjudication 16

RE-PRESENTING JUSTICE 17

CHAPTER 2 Civic Space, the Public Square, and Good Governance 18

A LONG POLITICAL PEDIGREE: SHAMASH, MAAT, DIKE, AND THEMIS 18

The Scales of Babylonia and of the Zodiac 18

The Balance in Egyptian Books of the Dead 20

Embodied Greek and Roman Goddesses 21

JUSTICIA, ST.MICHAEL, AND THE CARDINAL VIRTUE JUSTICE 22

CIVIC SPACES, ALLEGORIES OF GOOD AND BAD GOVERNMENT, AND FOURTEENTH-CENTURY SIENA 25

Public Buildings Fashioning Civic Identities 25

Lorenzetti and the Palazzo Pubblico 26

“Love justice, you who judge the earth” 28

Justice Bound by Tyranny 29

Theories of Governance: Aristotle, Cicero, Aquinas, Latini, God, and Political Propaganda 29

Good Government on the East and West Coasts of the United States: Reiterations by Caleb Ives Bach and Dorothea Rockburne 30

LAST JUDGMENTS IN TOWN HALLS 33

Civic, Public, and Christian 33

“For that judgment you judge, shall redound on you”: The Magdeburg Mandate 34

Conflating the Last Judgment with Trials 34

CHAPTER 3 Obedience: The Judge as the Loyal Servant of the State 38

FLAYED ALIVE OR MAIMED: JUDICIAL OBLIGATIONS INSCRIBED ON TOWN HALL.WALLS IN BRUGES AND GENEVA 38

Controlling Judges: A Fifteenth-Century Cambyses in the Town Hall of Bruges 38

Bribes, Gifts, and Budgets 39

Skeptical about Law and Distrustful of Judges 42

The Unjust Prince: Plutarchs Theban Judges and Alciatus’s Emblems 43

Dogs, Snakes, and Virgins: Even-handedness in Ripa’s Iconologia 43

Hands Cut: Disfigured Judges and Regal Justices for Sixteenth-Century Geneva 44

Judicial Subservience and Dependence 47

THE CHALLENGE AND PAIN OF RENDERING JUDGMENT: AMSTERDAM’S SEVENTEENTH-CENTURY TOWN HALL 48

An “undertaking of megalomanic proportions” 48

The Virtues of Prosperity: Justice, Peace, and Prudence Reigning over an Expanding Municipality 49

“The free state flourishes, when the people honor the laws” 51

Harming Your Children in the Name of the Law: Solomon, Zaleucus, Brutus, and Death 55

The Judgment of Solomon 56

The Blinding of Zaleucus and His Son and the Execution of Brutus’s Children 57

“SO SHALL YOU BE JUDGED” 61

CHAPTER 4 Of Eyes and Ostriches 62

BLIND TO THE LIGHT AND BLINDFOLDED BY THE FOOL 62

The Blindfolded Justice in the Amsterdam Tribunal 62

“Open the eyes that are blind” 64

Synagoga: Blind to the “Light” of Christianity 65

Justice and Judges as Fools 67

Alciatus’s Theban Judges and Ripas Injunctions: “A Steely Gaze,” the Eye of God, and Bandaged Eyes 69

Bruegel’s Justice （or Injustice?） 70

Damhoudere’s Janus-Faced Justice 72

Turning a Critical Eye 74

TRANSCENDENT, WIDE-EYED, AND AMIDST THE ANIMALS 75

Raphael’s Glory of Justice 75

Symbolism’s Caprice: The Many Animals of Justice 76

The Proud and the Dead Bird: Giulio Romano’s Justice with an Ostrich in the Vatican and Luca Giordano’s Justice Disarmed 76

Sheep and Foxes, Dogs and Serpents: Rubens’s Wide-Eyed Justice 79

THE PAST AS PROLOGUE: SIGHTED OR BLINDFOLDED, AND TALL 79

Venice as Justice, Justice as Venice 79

Across the English Channel 83

Queen Anne as Justice 83

The Lord Mayor’s Show 84

Dublin’s Justice 85

Old Bailey’s Open-Eyed and Wide-Armed Justice 87

Across the Atlantic Ocean: Kansas’s Sharp-Eyed Prairie Falcon and Vancouver’s Peaceable Justice 87

A RESILIENT, ALBEIT INVENTED, TRADITION 89

CHAPTER 5 Why Eyes? Color, Blindness, and Impartiali 91

ICONOGRAPHICAL CONVENTIONS, PICTORIAL PUZZLES, AND JUSTICE’S BLINDFOLD 91

Commitments to Representation 91

Impossible to Depict: An Exchange between Mantegna and Momus 93

Creating the Canonical Elements 94

Sight, Knowledge, and Impartiality 95

“Suppose a Man born blind&be made to see”: Locke, Diderot, and Molyneux’s Problem 97

Rawlsian Veiling 98

Ambiguity and Self-Help: Joshua Reynolds’s Justice in Oxford and Diana Moore’s Justice in New Hampshire 98

CONSTITUTIONAL METAPHORS AND INJUSTICES 102

Color-Blind 102

Impartial or Unjust? The “Festering Sores” behind the Blindfold in Langston Hughes’s Justice 103

Confrontation, Eyewitnesses, Prison Garb, Spectators’ Badges, and Ostrich Imagery 104

CHAPTER 6 Representations and Abstractions: Identity, Politics, and Rights 106

JURIDICAL RIGHTS AND ICONOGRAPHY 106

Public Art and Popular Dismay 106

Batcolumns and Mariannes 107

BREACHING THE CONVENTIONS OF JUSTICE WHEN DECORATING THE PUBLIC SPHERE 108

Unblindfolded: A “Communist” Justice Raises a “Newark Row” 108

Hiding a “Mulatto Justice” in Aiken, South Carolina 110

Life in Mississippi, Draped 113

An “Indian” Hung in Boise 116

Muhammad in Midtown and at the United States Supreme Court 117

Lady of Justice but No Moco Jumbie in the Virgin Islands 121

The Safety of Abstraction: Ellsworth Kelly in Boston 124

JUDGING JUDGES: FROM SPECTATOR TO CRITICAL OBSERVER 126

The Appearance of Impartiality 127

Duck Blinds in 2004 128

Restructuring Law’s Possibilities 130

Systemic Unfairness in Individualized Justice 131

Structural Interventions: Judicial Task Forces on Bias in the Courts 132

GLIMPSING THE GAPS 133

CHAPTER 7 From Seventeenth-Century Town Halls to Twentieth-Century Courts 134

PUBLIC AND SOCIAL TRADITIONS IN TOWN AND COUNTRY COURTS 134

BUILDING A NEW LEGAL SYSTEM IN THE UNITED STATES 136

A Grounding in Colonial and State Court Systems 136

Purpose-Built Structures: From Houses and Taverns to Courts 136

Segregating Interiors by Roles and Race 136

Architecture and Adornment 137

Juridical Privilege, Exclusion, and Protest 137

Marking a “Federal Presence” 139

Borrowing Space, Rules, and Administrative Support 140

Custom Houses, Marine Hospitals, and Post Offices 140

Professional Architects and Public Patronage 142

Courts—From California to the New York Island 142

Statehood for Texas and a New Federal Building in Galveston 143

Building and Rebuilding in Des Moines and Biloxi 144

Moving Further, Farther, and Higher 145

Westward Expansion: Denver, Missoula, and San Diego 145

Offshore and Across Land: Puerto Rico and Alaska 147

Sky High in New York City 149

ARCHITECTURAL STATEMENTS AND OBSOLESCENCE 152

CHAPTER 8 A Building and Litigation Boom in Twentieth-Century Federal Courts 154

INSTITUTIONAL GIRTH: IN-HOUSE ADMINISTRATION, RESEARCH, AND A CORPORATE VOICE 154

William Howard Taft’s Innovations 154

Building the Administrative Apparatus 155

“Court Quarters” 156

PUTTING CASES INTO COURTS: THE SECOND RECONSTRUCTION 157

Rights across the Board 157

From a Three-Story Courthouse in Grand Forks to Twenty-Eight Floors in St.Louis and 760,000 Square Feet in Boston 158

Housing the Corporate Judiciary 161

REDESIGNING FEDERAL BUILDINGS 163

The Peripheral Role of “Fine Art” 163

John F.Kennedy, Daniel Patrick Moynihan, and Government Space: The 196os Guiding Principles 164

Inelegant Design: The National Endowment for the Arts as Architectural Critic 165

Subsequent Precepts: Preservation, Conservation, Accessibility, Sociability, and Security 166

GSAs Design Excellence Program 168

CHAPTER 9 Late Twentieth-Century United States Courts: Monumentality, Security, and Eclectic Imagery 169

RENOVATION, RENT, AND WILLIAM REHNQUIST 169

“Judicial Space Emergencies” 169

Court Design Guides 171

Rescaling the Proportions 171

Routing Circulation to Avoid Contact 173

Dedicated Courtrooms 174

Negotiating Rent and Space 174

Cutting into the Judicial Dollar 176

Inter-Agency, Inter-Branch Oversight or Intrusion 178

“Rent Relief’ 178

A Courtroom of One’s Own 180

Judicial Political Acumen and Incongruity: The Rehnquist Judiciary’s Monuments to Federal Adjudication 181

“ART-IN-ARCHITECTURE” 182

Selecting Community-Friendly Art to “stand the test of time” 183

Collaborative Diversity 183

Quietly Quizzical: Tom Otterness in Portland, Oregon and Jenny Holzer in Sacramento, California 184

“Plop art” and Building Norms 191

CHAPTER 10 Monuments to the Present and Museums of the Past: National Courts （and Prisons） 193

COMPARATIVE CURRENTS 193

Singularly Impressive, Diverse, and Homogeneous 193

The Business of Building Courts: The Academy of Architecture for Justice 194

JUSTICE PALACES FOR FRANCE 195

Legible Architecture for an Evolving Justice 195

“Le 1 1642448ecoratif” 200

Jean Nouvel and Jenny Holzer in Nantes 204

CREATING NEW SYMBOLS OF NATIONHOOD: A SUPREME COURT BUILDING FOR ISRAEL 208

“Circles of Justice” and Laws That Are “Straight” 209

Roman Cardos, British Courtyards, Moorish Arches, and Jerusalem Stone 210

Judgment at the Gate 213

“The Symbols” 213

Reiterating Familiar Motifs 215

NEW AND RECYCLED FROM MELBOURNE TO HELSINKI 216

“Australian in concept and materials”: Melbourne’s Commonwealth Law Courts 216

From a Liquor Factory to a District Court in Helsinki 220

“JUSTICE FACILITIES”: JAILS, PRISONS, AND COURTS 222

CHAPTER 11 Constructing Regional Rights 225

JUDGING ACROSS BORDERS 225

“MIXED COURTS,’ THE SLAVE TRADE, AND SPECIAL VENUES FOR FOREIGNERS 225

NATION-STATES ALLIED THROUGH COURTS 227

Luxembourg and the European Court of Justice 227

Enduring （and Expanding） Authority: Le Palais Plus 228

Dominique Perrault’s Golden “morphological development” 229

“Under the watchful eye of paintings and sculptures” 233

Strasbourg and the European Court of Human Rights 235

Le Palais des Droits de L’Homme 235

Building-in Expansion （for Space and Rights） 237

Richard Rogers’s “monumental cylinders” 237

“Easier to see your neighbor’s human rights violations than your own” 238

The ECtHR and the ECJ: The Form of Resources 239

Regional Law: The Organization of American States and the Inter-American Court of Human Rights 239

The 1907 Central American Court of Justice: A “permanent court of justice” 240

Shaping a Pan-American Convention on Human Rights 242

Parallels and Distinctions: Human Rights Adjudication in Europe and the Americas 243

Costa Rica and the Inter-American Court: Linked “not only by conviction, but by action” 246

Engineering a $600,000 Renovation 246

CHAPTER 12 Multi-Jurisdictional Premises: From Peace to Crimes 247

MODELING THE FUTURE: EPIC ARCHITECTURE AND LONELY BUILDINGS 247

THE PEACE PALACE AND THE INTERNATIONAL COURT OF JUSTICE 248

Convening for Peace 249

The Amsterdam Town Hall Redux: “Dutch High-Renaissance Architecture” for the World’s Library and Court 249

Competing and Litigating for Building Commissions 249

National Artifacts for the World Court 253

Tribunals to Which No Country Can Be “Bidden” 255

The Misnomer of the Permanent Court of Arbitration and the Puzzles of International Adjudication 255

The Small Hall of Justice and the PCA 256

The League of Nations’ Permanent Court of International Justice 257

Nationality and Judicial Selection 257

Inaugurating the “World Court” and the Hague Academy for International Law 259

Lawmaking through Advisory Opinions and Contentious Cases 259

The Great Hall of Justice and the United Nations’ International Court of Justice 261

Nationality’s Continuing Import 261

A Celebratory Iconography 262

Renovations, Modernization, and Expansion: Carnegie’s Library at Last 263

A Home for Living Law or a Museum? 264

TRANSNATIONAL COURTS WITH SPECIALIZED JURISDICTIONS 265

An International Tribunal for the Sea, Seated in Hamburg 265

A “Constitution for the Oceans” 267

Alternatives for International Disputes about the Sea 268

Form before Function 269

International Human Atrocities 272

The International Tribunals for the Former Yugoslavia, Rwanda, and Sierra Leone 272

Designing for a Future of Crimes: The International Criminal Court 275

Operationalizing a Criminal Court System 277

Occupying Permanent Quarters Rather Than Riding Circuit 279

“One site forever”: A Timeless Image and Four Security Zones 280

THE LOGOS OF JUSTICE: BUDGETS, CASELOADS, SCALES, AND BUILDINGS 281

CHAPTER 13 From “Rites” to “Rights” 288

THE TRIUMPH OF COURTS 288

THE DEMOCRACY IN ADJUDICATION 289

“Hear the Other Side” 289

“Judges as free, impartial, and independent as the lot of humanity will admit” 292

“That justice may not be done in a corner nor in any covert manner” 293

Reflexivity: Transnational Signatures of Justice 294

THEORIZING OPENNESS: FROM UNRULY CROWDS TO BENTHAM’S “PUBLICITY” 295

Observing and Cabining Authority: The Dissemination of Knowledge through Codification and Publicity 296

The Architecture of Discipline: From “Judge & Co.” to the Panopticon 297

FORMING PUBLIC OPINION THROUGH COMPLEMENTARY INSTITUTIONS: AN UNCENSORED PRESS AND A SUBSIDIZED POSTAL SYSTEM 299

DEVELOPING PUBLIC SPHERE（S） 299

ADJUDICATION AS A DEMOCRATIC PRACTICE 301

The Power of Participatory Observers to Divest Authority from Judges and Litigants 301

Public Relations in Courts 302

Dignifying Litigants: Information-Forcing through Participatory Parity 303

THE PRESS, THE POST, AND COURTS: VENERABLE EIGHTEENTH-CENTURY INSTITUTIONS VULNERABLE IN THE TWENTY-FIRST 304

CHAPTER 14 Courts: In and Out of Sight, Site, and Cite 306

ADJUDICATION’S CHALLENGES TO DEMOCRACY 306

Demand and Distress 307

The Data on Privatization: The Vanishing Trial 310

The Methods of Privatization 311

Managerial Judges Settling Cases 311

Unheard Arguments and “Unpublished” Opinions 313

Devolution: Administrative Agencies as Courts 314

Outsourcing through Mandatory Private Arbitration 318

REGULATORY OPTIONS: PUBLIC ACCESS TO ALTERNATIVE DISPUTE RESOLUTION 321

MULTI-JURISDICTIONAL PREMISES （AGAIN） 322

Tracking, Managing, and Obliging Mediation: Lord Woolf’s Reforms in England and Wales 322

Outsourcing to Tribunals 324

Competing for Transnational Arbitration 324

Mediation under the Direction of the European Union 325

TRANSNATIONAL PROCEDURAL SHIFTS 326

THE CONTINUUM ON WHICH GUANTANAMO BAY SITS 327

The Appointing Authority’s Adjudicatory Discretion 327

Court-Like, Court-Lite: “Honor Bound to Defend Freedom” 328

FOUCAULT’S FOOTSTEPS 334

CHAPTER 15 An Iconography for Democratic Adjudication 338

TRANSITIONAL AND TRANSNATIONAL IDIOMS 338

SYMBOLIC COURTS WITH FACADES OF GLASS 340

Opaque Transparency 341

The Politics of Glass 341

Zones of Authority 342

REPLENISHING THE VISUAL VOCABULARY 344

An Interdependent Collective: The Cardinal Four of Justice, Prudence, Temperance, and Fortitude 344

The Burdens of Judging: The Nails of a Nkisi Figure 348

FACING JUSTICE’S INJUSTICE 349

Nelson Mandela’s Jail as South Africa’s Constitutional Court 350

Aiming to Capture the Humanity of Social Interdependence 350

Prison Vistas of Barbed Wire 352

Splashes of Color and References to Oppression 355

The Challenge of Crime and Caseloads 355

Visually Recording （in）Justice in Mexico’s Supreme Court 356

Mexican Muralists, Orozco, and “Profoundly National” Paintings 356

George Biddle’s Redemption from the Horrors of War 361

Cauduro’s Vision: Torture, Homicide, and Other Crimes, Unpunished 362

Impunity and Insecurity 365

OPEN TENTS, TATTERED COATS, AND THE CHALLENGES ENTAILED IN DEMOCRATIC PROMISES OF JUSTICE 366

“If performed in the open air”: The Federal Court of Australia’s Ruling on the Ngaanyatjarra Land Claims 367

Terra nullius and the Native Title Act 367

Commemorating Power, Witnessing Compromise 369

An Icon of Free Legal Services in Minnesota 372

More Courthouses than Counties 372

A Jacket, Worn 373

FACETS OF JUDGMENT 374

ENDNOTES 379

NOTE ON SOURCES 603

SELECTED BIBLIOGRAPHY 607

Books, Monographs, Articles, and Dissertations 607

Caselaw 626

International Conventions and Treaties 627

INDEX OF IMAGES 629

Painters, Printmakers, and Engravers 629

Sculptors 629

Photographers 630

Cartoonists 631

Buildings 631

Logos and Seals 632

Brochures and Other Objects 632

Graphs and Charts 632

SUBJECT INDEX 633

Color plates follow page 142