This was the third lecture in a series arranged by the law, jurisprudence, and social thought department. The department annually sponsors a thematic lecture series; the theme this year is "The Secrets of Law."
This topic is relevant to contemporary politics because the right to a public trial for terror suspects has been an issue raised in both the U.S. and the U.K. "We thought [Farmer] would bring an interesting perspective. The issues that Britain is dealing with in the so-called 'War on Terror' are both like and unlike the issues we are dealing with in the United States," said William Nelson Cromwell Professor of Jurisprudence and Political Science Austin Sarat.
Critics in the U.S. and U.K. have argued that private trials for terror suspects violates the latter's right to a fair trial. One is then inclined to consider why people tend to regard public trials as fair and unbiased.
Farmer observed that there is a misconception that the modern public trial-"modern" referring to the period after the early 19th century-has always been the way it is currently. He went on to outline the principal reasons for openness in the justice system, and to consider, alternatively, the need for some degree of secrecy. He said publicity encourages and enhances the trial's capacity for truthful investigations. On the other hand, public pressure can also distort the truth, and thus the outcome of trials.
Farmer additionally commented on the message that the architecture of courtrooms communicates a characteristic of public justice. "The actual courtroom occupies a tiny proportion of space. A major part is given over to passageways and corridors and different areas and rooms designed to segregate participants from each other," said Farmer. The physical organization of the court mirrors the competing interests for publicity and secrecy in the justice system.
Farmer emphasized that "proper critique of a criminal trial requires that we have proper understanding." Hence, it is crucial to understand what "public" and "secrecy" mean in the context of criminal justice. "There is a kind of unexamined assumption that public is good and secret is bad," said Farmer. Secrecy is associated with "tyranny, oppression, abuse of power." He noted that there is a prevailing conception in the U.K. that trials in the U.S. are more secretive.
Sarat explained that this lecture series is unique because of its strongly academic focus. Guests speak to the themes set by the department. "Sometimes we get a big celebrity and they say what they said the night before at Vanderbilt or Emory. It's not fresh, it's just the same old stuff," he said. "We [the LJST department] usually get something new and original. What we get is prepared specifically for us."
A member of the audience, Piper Crowell '07, added, "I think it was not only interesting to hear the insights of Lindsay Farmer but also the critiques of the professors."
Farmer has been teaching in Glasgow since 1999. He wrote "Criminal Law, Tradition and Legal Order," and is editor of "The Trial on Trial." He is currently working on a book titled, "Towards a Normative Theory of the Criminal Trial." He is also a joint editor of the periodical New Criminal Law Review.
He also had advice for college students interested in studying law. "If you are going to study law, also study politics, history and philosophy, [you need to] understand the context in which law is operating," he said. "A good lawyer isn't just someone who can read and understand the law in a technical way, but [he or she is] someone who understands what it means to apply law in a particular context."