Chapter Thirteen: From “Rites” to Rights

“As judges performed various of their functions in view of the public, they came to be subjected to judgments by the public about whether they, as embodiments (and in that sense representatives) of the governing powers, were living up to the ideals of the non-arbitrary imposition of authority.”

A Triumph of Courts

The Democracy in Adjudication

  • “Hear the Other Side”
  • “Judges as free, impartial, and independent as the lot of humanity will admit”
  • “That justice may not be done in a corner nor in any covert manner”
  • Reflexivity: Transnational Signatures of Justice

Theorizing Openness: From Unruly Crowds to Bentham’s “Publicity”

  • Observing and Cabining Authority: The Dissemination of Knowledge through Codification and Publicity
  • The Architecture of Discipline: From “Judge & Co.” to the Panopticon

Forming Public Opinion Through Complementary Institutions: An Uncensored Press and a Subsidized Postal System

Developing Public Sphere(s)

Adjudication as a Democratic Practice

  • The Power of Participatory Observers to Divest Authority from Judges to Litigants
  • Public Relations in Courts
  • Dignifying Litigants: Information-Forcing through Participatory Parity

The Press, the Post, and Courts: Venerable Eighteenth-Century Institutions Vulnerable in the Twenty-First