Check Sound Check Mike Pass out handouts

1. Check Sound Check Mike Pass out handouts Time

2. Today’s Lecture: The Trial as Ritual 1. Trial of Jesus 2. Salem Witch Trials (Conceptualize the idea of “guilt”) (Inquisitorial systems of “proof”) (seeing the trial as ritual)

3. Lecture Organization: • Class Announcements • Brief Review • Trial of Jesus (introduction) • Trial of Jesus (discussion) • Trial of Jesus (trial procedure) • Grace Sherwood Time

4. Class Announcements • 1. Lectures-- • -- power point slides on ANGEL • -- “webcast” will be on my site in about a week • (Archive first; course page second) • -- first lecture was messed up (forgot to turn on mike) • 2. Questions? Time

5. Review • 1. Went over the syllabus and course rules • 2. Gave an outline of what the course will entail • 3. Highlights: • -- don’t miss class • -- make sure you read syllabus and ANGEL help • -- tested on course rules • 4. For those who missed, you can see a re-enactment of the course rules on my website (for my other classes). • -- go to the Struggle for Civil Rights page. Time

6. The Trial of Jesus – an Introduction • 1. Caveat • -- treating this as an historical/political narrative, not as a religious text • -- consider the class agnostic about all forms of metaphysics • -- we are interested in politics and trials, not religion • -- if you have a problem with this reading, just consider it hypothetical. • -- we won’t consider the story as literary; we will consider it anthropological. Religion and Taking Offense “Accuracy in reporting”

7. The Trial of Jesus – an Introduction • -- these are excerpts from ancient writings. • -- seem to suggest that a public commotion and a trial of some sort took place • -- this is the same form of “proof” that one would accept to say, e.g., that Socrates was tried and that a public commotion surrounded his death as well • -- historians do not generally dispute that a trial of a controversial figure called “Jesus” occurred. • -- But I have cut out the portions that “testify” to miracles, not only because they are not what concern us, but because these portions of the story concern events for which testimony is a problematic form of evidence • -- These are cut segments from the synoptic Gospels Time

8. Trial of Jesus – the Discussion • 1. Jerusalem -- the largest city on the planet? • The center of the polity • Where large numbers of people can be reached • Where governance and order are administered • (compare: Baghdad in Iraq) • 2. a character doing certain “controversial” things • people are saying he has supernatural power • developing a following Question: What is happening that is causing a commotion in the city? Question: Why does this matter?

9. Trial of Jesus – the Discussion • -- threatening ideas • criticizing the local authority structure • proclaiming himself to be the authority structure • -- 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. • this is a radical intellectual idea that threatens to transform a superstitious world in fundamental ways. Question: What are the threatening ideas? Question: What makes these ideas so threatening?

10. Trial of Jesus – the Discussion • -- Example: the impact upon Roman culture • -- replaced the state as the center of Roman life • -- conceptualizing the intellectual 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) 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 intellectualism was transformative upon superstitious culture). illustration Question: Why is the speaking of wild and controversial things a problem? Why not just dismiss the character as a “nut?” Question: So what? Why is it important that a following is emerging? Metaphysical Disruption God is loving God wants you to be good to one another, not tough like Apollo The Gods are not like mafia bosses or policemen God is passive, redeeming, caring, wants you to transcend greed, domination, etc. “God” will crush us; The Gods require our sacrifice Apollo will not look kindly upon us if we are weak How to properly abandon children Vesta and being buried alive Don’t obey certain laws; this is how you should behave. Legalistic Disruption The local authority structure is not serving you properly and is not the true authority anyway (compare: the enlightenment) A movement to substitute science for superstition as the ultimate source of societal knowledge. Political Disruption

11. Trial of Jesus – the Discussion • The religious holiday (Passover) • (tremendous amount of people entering the city) • -- 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 • (An intellectual, cultural and political threat) 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? Islamic fundamentalists in New York? Communism in America in the 50s? The counter culture in the 60s?

12. Trial of Jesus – the Discussion • Handle it like the mafia does … “whack” the character • -- they feared the mobs at 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: 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.” Question: How do the local authorities initially desire to handle the problem? Question: Why didn’t they just “bury him in the desert?” Question: So what was there solution? Question: Why? Why was that better than just killing him? A TRIAL! 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. Time

13. The Trial of Jesus – Trial Procedure • 1. First step: • Arrested and taken before the high priest • Method of “trial” at this stage is: INQUISITION • 1. authoritarian(s) examine you • 2. no right to silence • 3. sometimes accompanied by beating/torture • 4. always secures some form of information • -- even lies can be beneficial Question: What is the method of the trial? What procedure does it use? Religion and Government are intertwined Trial by inquisition:

14. 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). illustration Question: Does the defendant pass or fail this portion of the trial? Question: What is the next step in the trial process? Question: What method of trial procedure is used this time? “National” Authority Structure Question: Does the defendant win or lose this time? Distinguish “attitudinalism” in a philosophic versus political science sense Secure Local Authority Structure Threatened One trial method; Two different results Question: Why? “Attitudinalism” “Attitudinalism”

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

16. 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 • -- throw her in water Question: What is the method of the trial used in this case? Question: How do you win or lose the case?

17. Grace Sherwood • -- sinking was good for the verdict; bad for the health • -- floating was good for the health, bad for the verdict • 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: What are the similarities between these two cases (Jesus and Witch trials)? Question: But what is a critical difference? Question: Why not use the same method of trial used before (inquisition)?

18. 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? Question: What is the point of all this? Why am I showing you this? The Trial as Ritual

19. 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

20. 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).

21. 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? … next time we shall take this up Time