History on Trial
| DOI | 10.1177/0022018315615466 |
| Published date | 01 December 2015 |
| Date | 01 December 2015 |
| Author | Gary Slapper |
| Subject Matter | Opinion |
Opinion
History on Trial
Gary Slapper
New York University, London, UK
‘The one duty we owe to history is to re-write it’, contends a character in an Oscar Wilde dialogue.
1
One way in which such an exercise can be performed in an imaginative, instructive and non-
fraudulent fashion was demonstrated by a recent trial in which Socrates was acquitted at the UK
Supreme Court in a dramatic reversal of his 2,400 year-old conviction.
‘Je suis Socrates’ was the resonating final remark from Sally Howes QC in defence of Socrates at a
mock trial held in support of the charity Classics for All. Lord Toulson, Justice of the Supreme Court,
presided at the hearing
2
where counsel for Socrates argued that the Greek philosopher—a political dis-
sident in his day—should not have been found guilty of ‘not believing in the gods of the state’ and cor-
rupting the minds of young Athenians.
The event was organised by the Lawyers Group of supporters of Classics for All, which aims to
extend and enhance the teaching of classical subjects in state schools.
At the outset of the trial, Lord Toulson’s first decision from the bench was to appoint the audience of
the UK’s 64 million citizens as the jury. Anthony Speaight QC was counsel for the prosecution, with
Richard Eschwege as junior counsel. Sally Howes QC appeared for Socrates. The jury was addressed
with advocacy of the highest quality on each side. In the event, the jury acquitted by a large major-
ity—far larger than that which had originally convicted Socrates—influenced perhaps by the defence’s
passionate appeal to Socrates’ right to freedom of expression.
Lord Toulson said ‘this successful appeal, quite some time after Socrates’ alleged wrongdoing against
the state and subsequent death, is a sobering reminder of the concept that justice cannot be suppressed. It
also proves the point that in every trial there is a system of justice itself on trial, and in this case, demon-
strated the insights into human behaviour that can be gained from studying classical civilisations.’
After the decision Nicholas Barber CBE, Chairman of Classics for All, explained the importance of
teaching classics in both primary and secondary schools to improve the education of pupils. Many law-
yers have benefited, and will in future benefit, from learning (at school or later in life, such as at the Open
University) something of classical civilisations.
The indispensability of a good comprehension of history is widely recognised. The distinguished his-
torian E.H. Carr put it in this way:
Corresponding author:
Professor Gary Slapper, Director, New York University, 6 Bedford Square, London WC1B 3RA, UK.
Email: gary.slapper@nyu.edu
1. Gilbert, in ‘The Critic As Artist’, The Works of Oscar Wilde (Spring Books: London, 1962) 868.
2. The trial took place on 30 September 2015.
The Journal of Criminal Law
2015, Vol. 79(6) 375–377
ªThe Author(s) 2015
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DOI: 10.1177/0022018315615466
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