Docstoc

The Trial as Ritual: The Stories of Jesus and Grace Sherwood

Document Sample
The Trial as Ritual: The Stories of Jesus and Grace Sherwood Powered By Docstoc
					                Today’s Lecture:




          The Ritual of the Trial




Session                             Topic


  2                                  2
Notice to DocStoc Users:

These slides are from a lecture given by Dr. Sean Wilson, Esq., at
Wright State University. To learn more and/or to view the lecture, click
the following:


                         Plays a flash movie of the lecture segment for the
                         slides in question


                   Takes you to a course webpage, where you
                   can access more information (get a syllabus,
                   etc.)



                          Learn more about the crazy
                          professor.
Lecture Organization:

       Class Announcements
      Help Topic: Finding Class Lectures Online


    Trial of Jesus -- Introduction
     Trial of Jesus -- Discussion
     Trial of Jesus – Trial Procedure
     Grace Sherwood
      The Trial as Ritual


                                                  Time
                 Class Announcements


Class Participation
-- don’t forget to hand it in at the end of the class

 Attendance Sheet
-- make sure it gets around in time

 Reading quizzes
-- I’m going to give pop quizzes if people are not reading
-- Score will come off the exams.

    Reading next time extremely important
Consistent Signature!    (May be marked
                        absent otherwise)
Names not on Role?




       Print and sign
                Class Announcements


 Website
-- a slight delay in getting everything working
   (still working out a few bugs. Mostly design bugs)
-- as a general rule, expect lectures to appear about 1-2 days
after their delivery
(I’ll show you in a moment how to find and use the lectures)




                                              Questions?
Time
        Help Topic: Finding Class Lectures Online


 Website
-- Lecture 1 was posted last night.
-- Here’s what it looks like and what it will look like in the future
course page
Lecture 1
                                                      too big
                                                        link
                                                      issues




                                           Table of contents
4/3/2010   Copyright, Sean Wilson. 2007.                        11
                                            My new
                                             plan:

                                            Launch by
                                             pressing
                                               these
                                              directly




Time
 4/3/2010   Copyright, Sean Wilson. 2007.                12
           Extremely
           important
             button

           Pulls up the
             Slides!




4/3/2010    Copyright, Sean Wilson. 2007.   13
           Navigate


              Also here




4/3/2010         Copyright, Sean Wilson. 2007.   14
                                       download button is
                                      working in IE for slides
                                       (I don’t know why)




                                                        Time
4/3/2010   Copyright, Sean Wilson. 2007.                         15
            The Trial of Jesus – an Introduction


1. Caveat
   -- treating this as an historical/political narrative, not as a
   religious text
   -- consider the professor agnostic about all forms of
   metaphysics
   -- we are interested in politics and trials, not religion
   -- if you have a problem with this story, just consider it
   hypothetical.
             The Trial of Jesus – an Introduction


 “Anthropologic Story”

      -- excerpts from ancient writings.
      -- seem to suggest that a public commotion and a trial of
      some sort took place
      (compare, evidence for Socrates).
      -- the story consists of excerpts (a compilation) from
      Matthew, Mark and John




4/3/2010                   Copyright, Sean Wilson. 2007.
                                                           Time   17
                Trial of Jesus – the Discussion


   “Jerusalem”

      -- a very large city, the center of the polity
      -- Large numbers of people congregated, especially during
      religious holidays or events
      Center of governance and order




4/3/2010                     Copyright, Sean Wilson. 2007.   18
              Trial of Jesus – the Discussion


  “this character”



                                          Question:
                        What is happening that is
                        causing a commotion in
                                the city?




4/3/2010                Copyright, Sean Wilson. 2007.   19
               Trial of Jesus – the Discussion


  “this character”

      -- doing certain “controversial” things
      -- people are saying he has supernatural power
      -- developing a following


                                                  Question:
                                   Why does this matter?


4/3/2010                    Copyright, Sean Wilson. 2007.     20
              Trial of Jesus – the Discussion


  “this character”

      “dangerous ideas”




                                                          Question:
                                          What are the threatening
                                                  ideas?


4/3/2010                  Copyright, Sean Wilson. 2007.               21
                Trial of Jesus – the Discussion


  “this character”

      “dangerous ideas”

      • criticizing the local authority structure
      • proclaiming himself to be the authority structure




4/3/2010                     Copyright, Sean Wilson. 2007.   22
                Trial of Jesus – the Discussion


  “this character”

      intellectual disruption
      • give up wealth and do not seek it
      • ignore the law (punishment of prostitutes, etc.)
      • redefining the concept of God from one of judgment (fire
      and brimstone) to one of love.
                                                            Question:
                                                 What makes these ideas
                                                    so threatening?
4/3/2010                    Copyright, Sean Wilson. 2007.               23
                   Trial of Jesus – the Discussion


     “this character”

       intellectual disruption
        -- Example: the impact upon Roman culture
        -- replaced the state as the center of Roman life
What Christianity did to the Roman Empire

Historians have suggested that Christianity helped collapse the Roman
Empire because Christian teachings made the state no longer the most
important thing in Roman lives. The most important thing is living for
heaven and treating others with kindness. Turn the cheek and be kind to
neighbors. How can you be a Roman and believe this? (The suggestion
is that this change in intellectualism2007.
    4/3/2010                  Copyright, Sean Wilson.
                                                      was transformative upon
                                                                           24
superstitious culture).
                Trial of Jesus – the Discussion


  “this character”

      conceptualizing the disruption
      -- he has “a following” that is getting larger
       -- consider how the police state operated back then
           (No tear gas, no guns, no riot gear)
       civil disobedience was not an institutionalized phenomenon
           (People didn’t protest to make a statement; when mobs
           gathered, it was generally for destruction or overthrow)
           (Mobs were dangerous to the police state)
4/3/2010                    Copyright, Sean Wilson. 2007.        25
          Question:
                                          Question:
Why is the speaking of wild and
controversial things a problem?   Why is it important that a
                                   following is emerging?
   Why not just dismiss the
    character as a “nut?”                        illustration



     Metaphysical Disruption
    God iswill Disruption
    “God” loving us;
    Legalistic crush              Don’t obey certain
          wants you to our sacrifice local is how you
                                  laws; another, not
    God Gods require be good to one this authority tough
  (compare: the enlightenment) The
    The
                                  should behave.
    like Apollo
    Political Disruption          structure is not serving
    Apollo will not look kindly upon for we are weak
  A movement aresubstitute scienceus ifsuperstition not
    The Gods to not like mafiayou properly and is as
                                   bosses or policemen
    How to properly of societal the true
                                   knowledge.
  the ultimate sourceabandon children authority
                                   caring,
    God is passive, redeeming, anyway wants you to
    Vesta and greed,buried alive etc.
    transcend being domination,
             Trial of Jesus – the Discussion


  the religious holiday (Passover)
-- tremendous amount of people entering the city


                                        Question:
                     What is the straw that breaks the
                 camel’s back? What event causes the
                  local authorities to believe they must
                    take action against the character?


4/3/2010                 Copyright, Sean Wilson. 2007.     27
                 Trial of Jesus – the Discussion


 the religious holiday (Passover)
-- mob violence during Passover (physically attacking
commercial vendors)
-- keep in mind that this is not undertaken as “crime.” It is not
done with the notion “I stole something” or “I vandalized while
you were not looking”
-- it is done under the assumption that ultimate truth requires it.
It uses an assumption of legitimacy
-- Stop for a moment … let’s think of a parallel. Let’s try to re-
create the political psychology
                           Copyright, Sean Wilson. threat)
(An intellectual, cultural and political2007.
4/3/2010                                                             28
Islamic fundamentalists in New York?



 Communism in America in the 50s?



   The counter culture in the 60s?
             Trial of Jesus – the Discussion


  the religious holiday (Passover)



                                   Question:
                           How do the local
                      authorities initially desire
                       to handle the problem?




4/3/2010                 Copyright, Sean Wilson. 2007.   30
                 Trial of Jesus – the Discussion


      the religious holiday (Passover)
    -- Handle it like the mafia does … “whack” the character

From the Gospel of Mark

“And the scribes and the chief priests … sought how they might destroy
him: for they feared him, because all the people was astonished at his
doctrine.”

“… the chief priests and the scribes sought how they might take him by
craft, and put him to death.”


    4/3/2010                  Copyright, Sean Wilson. 2007.         31
             Trial of Jesus – the Discussion


  the religious holiday (Passover)



                                   Question:
                       So why didn’t they just
                       bury him in the desert?




4/3/2010                 Copyright, Sean Wilson. 2007.   32
             Trial of Jesus – the Discussion


  the religious holiday (Passover)
-- they feared the mobs at Passover

 A TRIAL!                                  Question:
                                 So what was their
                                     solution?

                                                 Question:
                                    Why? Why was that
                                    better than just killing
                                             him?
4/3/2010                 Copyright, Sean Wilson. 2007.         33
              Trial of Jesus – the Discussion


   the religious holiday (Passover)
-- the trial can take life, liberty and property LEGITIMATELY.
You can kill people legitimately with this public ritual.
-- our first major lesson of the year:

The purpose of the trial is so that the legitimate authority
structure – “the state” – can take away life, liberty and
property. That is what these contests do. That is what they
are for.


 4/3/2010                 Copyright, Sean Wilson. 2007.          34
           The Trial of Jesus – Trial Procedure


1. First step:
    Arrested and taken before the high priest
   Religion and Government are intertwined
    Method of “trial” at this stage is: INQUISITION

   Trial by inquisition:                       Question:
    1. authoritarian(s) examine you      What is the method of
                                             the trial? What
    2. no right to silence
                                         procedure does it use?
    3. sometimes accompanied by beating/torture
    4. always secures some form of information
        -- even lies can be beneficial
          The Trial of Jesus – Trial Procedure


       (mention movie: Unforgiven, Gene Hackman)
2. Defendant loses this portion of the trial.
                                         Question:
                                          Question:
                                            conduct his
3. Handed over to a Roman officer who will Question: own
“trial”                           What is defendant pass
                               Does the method of trialin
                                   What the next step
                                   fail this defendant
                                orDoes theportion of the
     -- trial by inquisition      procedure process? win
                                     the trial is used this
                                            trial?
                                      or lose this time?
                                             time?
    -- this time, a Roman authority presides over the
    questioning
    -- Defendant prevails. Pilot can find nothing worthy of death.
    (punishment is flogging).
           The Trial of Jesus – Trial Procedure


        (mention movie: Unforgiven, Gene Hackman)
2. Defendant loses this portion of the trial.
3. Handed over to a Roman officer who will conduct his own
“trial”
    -- trial by inquisition
    -- this time, a Roman authority presides over the
    questioning
    -- Defendant prevails. Pilot can find nothing worthy of death.
    (punishment is flogging).
                                                Question:
  “Attitudinalism”                               Why?
Time     The Trial of Jesus – Trial Procedure



                                                illustration

“National”
Authority
Secure
Structure
                                      Local Authority
                                      Threatened
                                      Structure


                                  One trial method;
                                 Two different results
  “Attitudinalism”
          The Trial of Jesus – Trial Procedure


4. Pilot’s problem
   -- the local authorities try to convince him how dangerous
   the defendant is
   -- Pilot’s solution:
       put him with another prisoner, and let the crowd decide
       which to save (a Holiday gift from the Romans)
       (metaphor: let the jury decide?)
   -- the verdict goes against Jesus.
                                              Question:
                                          Was the defendant
                                               guilty?
             The Trial of Jesus – Trial Procedure



                                                    illustration
   Some examples:
    Conceptualizing
    guilt.
   O.J.               Format of guilt:     Function of guilt:
   Jesus
                       De Jure Guilty      De Facto Guilty
           Facts:      (guilty according   -            -
                       to the ritual)      (guilty in reality)
                       Mala in Prohibita   Mala in Se
           Law:        (wrong because      (it is inherently
                       it is prohibited)   wrong)
Time
                     Grace Sherwood


1. Who was she?
    (location of her fate uncertain – North Carolina or Colonial
    Williamsburg)
2. How do you receive an allegation of witchcraft?
    -- acting suspiciously
    -- someone miscarried a baby after talking to her, etc.
3. Trial by dunking (initially)
    -- “cross tie” the big toes and the thumbs Question:
                                              Question:
    -- throw her in water             What is the method of the
                                      How do you win or lose
                                       trial used in this case?
                                              the case?
                      Grace Sherwood


       -- sinking was good for the verdict; bad for the health
       -- floating was good for the health, bad for the verdict




Time
                   Grace Sherwood


2. Similarities
    -- both involve allegations of metaphysics
    -- both threaten the community in important ways
3. Important difference
    -- only one threatened the ruling establishment
    -- the other merely spooked the town at night (made it
    difficult to sleep)
                                       Question:
                                         Question:
                                         Question:
                                 What are the similarities
                                   Why what is athe same
                                    But not use critical
                                between these two cases
                                    method of trial used
                                        difference?
                                (Jesus and Witch trials)?
                                    before (inquisition)?
                          Grace Sherwood


          … this was much more of a metaphysical problem than a
          political one.
          -- required its own (specialized) ritual?
       4. next stage:
          Professional inspection of the anatomy
          -- locals apparently didn’t like what they saw
                                                      Question:
                                           What is the next stage of
                                                the process?
Time
                   Grace Sherwood


   … this was much more of a metaphysical problem than a
   political one.
   -- required its own (specialized) ritual?
4. next stage:
   Professional inspection of the anatomy
   -- locals apparently didn’t like what they saw
                                               Question:
   The Trial as Ritual
                                     What is the point of all
                                    this? Why am I showing
                                           you this?
                    Grace Sherwood


Historically, trials have taken the following form
   Dunking
   Battle
   Endurance
   Lot
         -- (remember the novel, The Lottery?)
   Inquisition
The ritual was summoned in order that life, liberty or property
be LEGITIMATELY taken
                       Grace Sherwood

Today, the trial process retains some ritualistic components
   Judges wear costumes (robed politicians)
   There are chants whenever the judge enters the room
       “Oyez Oyez Oyez here comes the honorable so and so”
   It’s like church:
       -- you have to sit and stand at certain intervals
       -- you have to “dress up” in your Sunday best
   Before you testify, you have to swear on the Bible that you
   will not lie
   Judge has a gavel
   (England = wear wigs).
                          Grace Sherwood

       The process grows out of a social and political ritual
       It retains some of that aspect even today
       But how much?
       Isn’t today’s trial process more sophisticated? Designed to “get
       at the truth”
       Does it work like a crystal ball or is it a more sophisticated form
       of dunking?




Time

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:234
posted:4/3/2010
language:English
pages:48
Description: Discusses the story of the Trial of Jesus and of Grace Sherwood (witch trials). Explains the social purpose and function of the trial. Also explores the various historial methods of trial and provides an introduction to the concept of "attitudinalism" in trial judging. Also explores the concept of "guilt."