I think Shahid Amin launches one of the most vociferous critiques of the Colonial judicial system. He shows the entire language of the trial is constructed in a way which allows the prosecutors to find the defendants guilty; but not only that, he shows how this narrative is based on a 'fiction' that is developed by the Approver. It is very interesting to see how Shahid Amin points out the context in which the Approver spoke and this allows us to construct a new narrative of the trial which took place.
But I think Shahid Amin's piece is pointing towards something more fundamental and one of these things we already encountered in Trouillot and that is; the notion of the 'rules of the Game'. I think Shahid Amin is able to show even when the Subaltern is allowed to speak, he has to speak in a constrained environment, governed by the rules of the Game. For example, the Approver would not have been given three weeks in the court unless he said exactly what the police and the prosecutor wanted him to say; (the fact that his preparation by the police and the prosecution should have barred him from making any testimony shows another critique of the judicial system). But I think he hints towards this that even if a person was allowed to speak in court, his speech would necessarily be constrained by the 'rules of the game'. He/She for example, would not be allowed to speak about what 'motivated' their crime, as we discussed with regards to Guha's death. Also, I think this shows how Power is involved throughout all processes of the making of the archive; in this case, the fact creation.
Another point that Shahid Amin makes is, I think of supreme value. He says that AT is read as a text that has no context. I think not only is this a critique of the judicial system but there is more here. 1. As Shahid Amin also points out, the impulse of the legal system is to make totalities out of fragments and I think that too depends on an a-contextual reading of the fragments. To my mind, power depends on taking things out of their context and to fashioning them into a narrative that favors it. For example, Trouillot points out that with regards to the Cloumbus narrative, the same thing happens. His figure is taken out of context to create a narrative; for the benefit of Americans or Spanish or the Europeans in general. The point being, perhaps one of the best ways of countering power is to simply try and contextualize the text (in the broadest sense of the word) Power ( however we understand it) is reading to makes it own narrative. 2. In the same vein, Shahid Amin also shows the value of establishing pre-history of the event for the Legal system. I think that this again shows that for power, creating one narrative which ties everything together is of utmost importance or what Amin calls the Master narrative. Perhaps, another strategy of tackling power (and now I'm responding to the question posed in the last class about strategies for recovering voices) is to simply challenge the 'Master narrative' - to show that there are breaks within it; that it is not a clean, linear story.
Lastly, I think that Trouillot is significant in understanding what is happening with the legal discourse. Amin talks about the fact that the primary act of the Judicial discourse is to make sure that the event is identified as 'criminal' and not that of a 'political nature'. Trouillot points towards the 'formulas of banalization' by use of which, the actions of people are seen as banal and not out of the ordinary - criminal rather than a political movement. The same point was also seen in Guha's 'Prose of Counter-Insurgency. I see Amin's article as showing the structural processes in action which Trouillot pointed out. This again goes back to what was said earlier; perhaps the only strategy available to the Historian is to point out that the what is classified as Banal and dismissed is in fact, not that at all.
It is also interesting to note that how across the two context in which Amin and Trouillot are writing, the operations of silencing certain voices seem to be similar if not the same. Maybe there are structural similarities as Trouillot pointed out.
But I think Shahid Amin's piece is pointing towards something more fundamental and one of these things we already encountered in Trouillot and that is; the notion of the 'rules of the Game'. I think Shahid Amin is able to show even when the Subaltern is allowed to speak, he has to speak in a constrained environment, governed by the rules of the Game. For example, the Approver would not have been given three weeks in the court unless he said exactly what the police and the prosecutor wanted him to say; (the fact that his preparation by the police and the prosecution should have barred him from making any testimony shows another critique of the judicial system). But I think he hints towards this that even if a person was allowed to speak in court, his speech would necessarily be constrained by the 'rules of the game'. He/She for example, would not be allowed to speak about what 'motivated' their crime, as we discussed with regards to Guha's death. Also, I think this shows how Power is involved throughout all processes of the making of the archive; in this case, the fact creation.
Another point that Shahid Amin makes is, I think of supreme value. He says that AT is read as a text that has no context. I think not only is this a critique of the judicial system but there is more here. 1. As Shahid Amin also points out, the impulse of the legal system is to make totalities out of fragments and I think that too depends on an a-contextual reading of the fragments. To my mind, power depends on taking things out of their context and to fashioning them into a narrative that favors it. For example, Trouillot points out that with regards to the Cloumbus narrative, the same thing happens. His figure is taken out of context to create a narrative; for the benefit of Americans or Spanish or the Europeans in general. The point being, perhaps one of the best ways of countering power is to simply try and contextualize the text (in the broadest sense of the word) Power ( however we understand it) is reading to makes it own narrative. 2. In the same vein, Shahid Amin also shows the value of establishing pre-history of the event for the Legal system. I think that this again shows that for power, creating one narrative which ties everything together is of utmost importance or what Amin calls the Master narrative. Perhaps, another strategy of tackling power (and now I'm responding to the question posed in the last class about strategies for recovering voices) is to simply challenge the 'Master narrative' - to show that there are breaks within it; that it is not a clean, linear story.
Lastly, I think that Trouillot is significant in understanding what is happening with the legal discourse. Amin talks about the fact that the primary act of the Judicial discourse is to make sure that the event is identified as 'criminal' and not that of a 'political nature'. Trouillot points towards the 'formulas of banalization' by use of which, the actions of people are seen as banal and not out of the ordinary - criminal rather than a political movement. The same point was also seen in Guha's 'Prose of Counter-Insurgency. I see Amin's article as showing the structural processes in action which Trouillot pointed out. This again goes back to what was said earlier; perhaps the only strategy available to the Historian is to point out that the what is classified as Banal and dismissed is in fact, not that at all.
It is also interesting to note that how across the two context in which Amin and Trouillot are writing, the operations of silencing certain voices seem to be similar if not the same. Maybe there are structural similarities as Trouillot pointed out.