Bandes on The Sense of an Ending @BandesSusan @DePaulLaw

Susan A. Bandes, DePaul University College of Law, has published The Sense of an Ending at 73 DePaul Law Review 751 (2024). Here is the abstract.

One of the delights of shows like HBO's Succession is the virtual communal watch party they create, replete with competing interpretations and passionate predictions about plot development. These conversations reveal some enduring truths about the power of narrative expectations, one of which is the tremendous importance we place on the delivery of a satisfying ending. As the influential literary scholar Frank Kermode argued, “we cannot be denied an end, but it must be the right kind of ending.” One of the fascinating aspects of Succession was the uncertainty about what kind of ending would be satisfying. This uncertainty seems closely tied to the difficulty in pinning down the genre to which Succession belonged. This Essay will first examine the notion of a satisfying ending as it applies to Succession. It will argue that although Succession’s ending was, in some ways, letter-perfect, it was not—and could not be—emotionally satisfying. The emotionally impoverished ending was fitting, but dispiriting, and probably unavoidable given the particular generic traditions upon which Succession drew. The Essay will then pose the question: What lessons can the notion of narrative closure—the need for a satisfying ending—convey about legal proceedings? We have grown accustomed to thinking about law as storytelling, but what insights can narrative theory impart about how law stories ought to end? In legal terms, to determine what constitutes a legally satisfying end point, we first must determine what the proceeding is meant to accomplish. Legal finality may not track literary closure or psychological “closure;” and it is important to distinguish the dictates of the legal system from the impulses that drive finality and closure in other contexts. I will illustrate this point with examples from death penalty jurisprudence, in which the question of an ending is unavoidable and takes several forms: finality of judgment, the notion of “closure” for bereaved family members, and the loss of life.

Download the essay from SSRN at the link.