Justice and Politics in Thailand

‘This is an original, heavily researched, fascinating, highly readable, and ultimately frightening book’. Chris Baker, Bangkok Post, 10 July 2020.

Duncan McCargo held a Leverhulme Major Research Fellowship from 2011–14, which funded him to spend the whole of 2012 conducting ethnographic fieldwork and interview research on the Thai justice system. This research was published as Fighting for Virtue: Justice and Politics in Thailand (Cornell 2019), a book that was conceived during a 2010 residency at the Rockefeller Foundation Bellagio Center, and was written up primarily during a year in residence at the School of Social Science, Institute for Advanced Study, Princeton.

Fighting for Virtue investigates how Thailand’s judges were tasked by the late King Bhumibol Adulyadej (Rama IX) in 2006 with helping to solve the country’s intractable political problems—and what happened next. Across the last decade of Rama IX’s rule, Duncan McCargo examines the world of Thai judges: how they were recruited, trained, and promoted, and how they were socialized into a conservative world-view that emphasized the proximity between the judiciary and the monarchy.

McCargo delves into three pivotal freedom of expression cases that illuminate Thai legal and cultural understandings of sedition and treason, before examining the ways in which accusations of disloyalty made against controversial former prime minister Thaksin Shinawatra came to occupy a central place in the political life of a deeply polarized nation. The author navigates the highly contentious role of the Constitutional Court as a key player in overseeing and regulating Thailand’s political order before concluding with reflections on the significance of the Bhumibol era of “judicialization” in Thailand.

He has also published a number of articles on aspects of transitional justice, including a 2015 Journal of Democracy piece in which is highly critical of what he terms the ‘transitional justice industry’. Neither truth commissions nor international tribunals have lived up to the high hopes invested in them over the past two decades. Duncan McCargo believes that both the Thai case and broader developments in transitional justice illustrate the limitations of legalism as a mean of solving political problems. Ultimately, he argues, states and societies need to put greater trust in politicians, rather than creating ever more elaborate mechanisms that allow courts and judges to regulate politics.

A list of Duncan McCargo’s publications on justice and politics in Thailand and beyond is available here