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