New Books Network – Agata Fijalkowski, "Law, Visual Culture, and the Show Trial" (Routledge, 2023)
Host: Alex Batesmith
Guest: Agata Fijalkowski
Release Date: Dec 30, 2025
Episode Overview
This episode centers on Agata Fijalkowski's book "Law, Visual Culture, and the Show Trial," which investigates how law, visual culture—especially photography—and the performative nature of show trials intersected in post-WWII Central, Eastern, and Southeastern Europe. Through three key case studies, Fijalkowski explores how visual imagery and performance in trials were instrumentalized by totalitarian regimes, and considers both the dangers of reducing complex histories to iconic images and the necessity of considering fuller narratives.
Key Discussion Points & Insights
Agata Fijalkowski’s Academic Journey (02:33–05:41)
- Originally from Chicago, Fijalkowski’s journey to legal academia began with a background in criminal justice, translation, and Spanish.
- Fulbright experience in Poland catalyzed her research into Eastern European legal transitions post-WWII.
- Her encounter with the Albanian archives and a haunting photograph of Mussina Coccolari inspired the book’s focus on law, visual culture, and show trials.
The Law-Photography Nexus & Interdisciplinarity (06:09–09:07)
- Law's relationship with art is inherent due to its performative essence: court proceedings are performances in themselves.
- Quote: "Law is performative. ...There's something very much a dynamic there that works very well with performance."
— Agata Fijalkowski (06:09) - Interdisciplinary scrutiny (including visual approaches) disrupts the notion of law as linear and acknowledges the myriad ways law functions in society.
- Photographs can expose nuances and limits of the law, especially in moments of repression not fully captured by written records.
What is a "Show Trial"? (09:45–11:23)
- Fijalkowski defines show trials as legalized performances serving the power needs of authoritarian regimes—with formal trappings of justice (defendants, judges, public transcripts) but predetermined outcomes.
- Quote: "You could argue that all trials are, to a certain respect, a show trial."
— Agata Fijalkowski (09:54) - In the Stalinist context, show trials were tools for the maladministration of justice and shaping public opinion.
Justice as a Weapon in Communist Dictatorships (11:23–15:06)
- Post-WWII, communist states in Albania, East Germany, and Poland used law performatively as an ideological weapon.
- Legal structures and visual dissemination of trials were orchestrated to root out and intimidate opposition, often with selective public spectacle.
- Quote: "The use of the law as a weapon ...was an ideological tool ...meant to capture actually any sort of opposition to the authorities."
— Agata Fijalkowski (12:24)
The Concept of the Enemy (15:06–18:07)
- Dictatorial regimes manipulated the legal process to define and control the "enemy," creating an ever-shifting dynamic between enemy and hero.
- Silencing dissent was a primary step in this process; justice was leveraged to label, punish, and erase opposition, often arbitrarily.
Confessions & the Role of Evidence (18:07–22:38)
- Confessions—often forced—became central to Stalinist show trials, adhering to Soviet jurist Andrei Vyshinsky’s doctrine that evidence (and confession above all) is the queen of criminal proceedings.
- The process often combined brute force with psychological pressure and political education/coercion.
The Facade of Legal Legitimacy (22:38–27:17)
- Even state-controlled proceedings maintained a façade of legitimacy—ostensibly adhering to due process and trial structures—to satisfy both domestic and international audiences.
- Internally, everyone knew the farce; externally, the performance mattered in asserting sovereignty and control.
- Quote: "The mask ...of legitimacy is very important for the authorities to rely on in terms of their own legitimacy."
— Agata Fijalkowski (24:06)
The Central Feature of Show Trials (27:17–28:51)
- Show trials served multiple, simultaneous functions: education, control, terror, and dehumanization.
- Quote: "Really at the heart of it is some sort of struggle ...are you a hero or are you a villain? Is the law actually right?"
— Agata Fijalkowski (27:31) - The visual moment captured in a photograph reveals both the limits and abuses of the law.
Case Studies and Visual Culture
1. Albania: Mussina Coccolari (29:45–44:57)
Who was Mussina Coccolari? (29:45–33:10)
- Albanian writer and activist, educated in Rome, from a progressive family.
- Unflinching in the face of regime brutality; focused on ideas of free elections, education, and women’s status.
- Her turn to political activism followed the execution of her brothers.
Her Trial and Its Image (33:10–38:24)
- Arrested after contacting Allied authorities to supervise Albanian elections.
- Endured torture, appeared at trial veiled in mourning, symbolizing her personal loss and protest against state injustice.
- Iconic photograph: Coccolari in black, facing the court—both an object of repression and symbol of resistance.
- Responded defiantly to court's taunts:
Quote: "'They're going to say the same for you too, your honor.'"
— Agata Fijalkowski, relaying Coccolari’s retort (33:57)
The Danger of Oversimplification (38:24–41:49)
- Coccolari’s image has been instrumentalized post-Communism; Fijalkowski calls for moving beyond iconography to deeper engagement with her narrative, the system’s unreconciled past, and the absence of accountability.
- Quote: "I want to free her from this image because there's so much more that we can offer by way of who she was..."
— Agata Fijalkowski (40:46)
Engaging with the Full Story (41:49–44:57)
- For Fijalkowski, engaging with the full, messy complexity—not just the emotionally powerful photo—enables a richer reckoning with the political uses of law and images.
2. East Germany: Hilda Benjamin (44:57–55:17)
Biography & Visual Hallmarks (45:21–48:33)
- Judge and later Minister of Justice in the DDR.
- Known visually for her distinctive “Heidi braid”, present in all photographs; became part of her public persona.
- Broke gender barriers in Weimar, survived the Third Reich, and became a prominent legal architect in East Germany.
Her Judicial Role & the Visual Spectacle (48:33–52:55)
- Conducted major show trials (notably the Herr Wegen Dessau trial—held in a theater, meticulously staged for maximum spectacle).
- Emphasized performativity, propaganda, and education by terror; greatly influenced by Soviet legal models.
- Brought women into the legal profession and influenced family law, even as she acquired a fearsome reputation (“Red Guillotine,” “Bloody Hilda”).
Against Demonization / The Need for Nuance (52:55–55:17)
- Fijalkowski warns against flattening Benjamin into a mere villain.
- Her complex life (social justice interests, gender equality advocacy, communist loyalty) illustrates the fine distinctions within repressive systems.
- Quote: "We need more stories like Hilda to be addressed and to discuss, to challenge these sort of ...master narratives about the course of law."
— Agata Fijalkowski (53:29) - Photographs become portals to such nuanced discourse.
3. Poland: Zbigniew Przewłocki (Shavierski) (55:17–64:14)
Who was Przewłocki? (55:39–60:26)
- Prosecutor at postwar Polish war crimes trials, key in developing early legal concepts of genocide.
- Later targeted and arrested by the regime using the very laws he'd previously applied.
- His shifting status exemplifies the thin line between “hero” and “villain” in systems of arbitrary justice.
Political Reversal and Its Visual Record (60:26–64:14)
- Charged with “fascistization” for prewar associations; became both symbol and victim of show trial politics.
- Photographs from his trials capture this period’s hopes and contradictions: legal professionals striving for legitimacy, even as the ground constantly shifted.
- Quote: "There's this Kirkheimer mask of legitimacy, but it's actually evidence of legitimacy that is occurring here by way of a war crimes trial..."
— Agata Fijalkowski (62:20) - Visual records document both genuine pursuit of justice and its manipulation.
Concluding Themes
Law, Visual Culture, and Performativity (64:14–67:43)
- Photography’s emotional resonance (“lingering effect” – Sontag; “punctum” – Barthes) invites us to repeatedly relive and reconsider these historical injustices.
- The photograph is both a snapshot of “incomplete history” (Walter Benjamin) and an invitation:
Quote: "...You're reliving this particular moment ...and in reliving it, there's something to say not only about lingering, but in terms of being challenged by what we're reliving."
— Agata Fijalkowski (66:09) - Full engagement with visual archives enables a richer, ongoing reckoning with law’s role in society.
Notable Quotes & Moments
- 06:09 — “Law is performative. ...There's something very much a dynamic there that works very well with performance.” (Fijalkowski)
- 09:54 — “You could argue that all trials are, to a certain respect, a show trial.” (Fijalkowski)
- 24:06 — “The mask ...of legitimacy is very important for the authorities to rely on in terms of their own legitimacy.” (Fijalkowski)
- 33:57 — “They're going to say the same for you too, your honor.” (Coccolari, during her trial)
- 40:46 — “I want to free her from this image because there's so much more that we can offer by way of who she was...” (Fijalkowski)
- 53:29 — “We need more stories like Hilda to be addressed and to discuss, to challenge these sort of ...master narratives about the course of law.” (Fijalkowski)
- 62:20 — “There's this Kirkheimer mask of legitimacy, but it's actually evidence of legitimacy that is occurring here by way of a war crimes trial...” (Fijalkowski)
- 66:09 — “You're reliving this particular moment ...and in reliving it, there's something to say not only about lingering, but in terms of being challenged by what we're reliving.” (Fijalkowski)
Timeline of Key Segments
| Timestamp | Segment | |------------|-----------------------------------------------------| | 02:33–05:41 | Fijalkowski’s academic trajectory | | 06:09–09:07 | Law, art, performance, and interdisciplinary study | | 09:45–11:23 | Defining the show trial | | 11:23–15:06 | Law as a weapon in communist states | | 15:06–18:07 | The figure of the enemy in legal culture | | 18:07–22:38 | Confessions and “evidence” in Stalinist justice | | 22:38–27:17 | Legal legitimacy and its performance | | 29:45–44:57 | Mussina Coccolari’s life, trial, and iconography | | 44:57–55:17 | Hilda Benjamin and postwar East German justice | | 55:17–64:14 | Zbigniew Przewłocki and Polish postwar justice | | 64:14–67:43 | The meaning of performativity and visual culture | | 67:55–70:10 | Fijalkowski’s current projects |
Closing & Future Directions
Fijalkowski is currently researching defense lawyering during the WWII era and revisiting unresolved war crimes cases in the Netherlands. The conversation underlines the necessity of nuanced, critical engagement with both visual and legal archives to truly understand, and reckon with, the complex legacies of 20th-century show trials and transitional justice in Europe.