Research in law and literature often uses the term “narrative” as a shorthand for various kinds of motivated legal reasoning, indicating that facts, doctrines, and the relations among them have been chosen and arranged for a particular purpose. Alternatively, speaking of “narrative” may be a way of conveying that one is concerned with interpretation, and may be a signal that the discussion will focus on images, symbols, representations, or ideologies, even if their narrative features play little or no role in the analysis. This article shows how research on narrative might help to clarify aspects of trial strategy and legal doctrine. The first section considers omniscient narration as a way of understanding the effects of various defense strategies, in a criminal trial. The second section considers the role of omniscient narration in the development of the “fellow-servant” rule in the nineteenth century. The law of evidence provides an especially fruitful area for such investigations, but questions of narrative form and technique can help to clarify many other aspects of forensic argumentation and analysis, in both procedural and substantive contexts.Download the article from SSRN at the link.
January 30, 2023
Stern on Omniscient Narrative Modes in Law: From Trial Strategy to the Fellow-Servant Rule @ArsScripta @Law_Cult_Huma
Simon Stern, University of Toronto Faculty of Law, is publishing Omniscient Narrative Modes in Law: From Trial Strategy to the Fellow-Servant Rule in Law Culture and the Humanities. Here is the abstract.
Posted by Christine Corcos Posted on 1/30/2023 11:01:00 AM
Labels: Law and Narrative
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