Trial, nature of law, rhetoric, narrative, drama
Courts | Dispute Resolution and Arbitration | Law | Litigation | Speech and Rhetorical Studies
This short essay summarizes an understanding of the trial as a medium in which law is realized or actualized, rather than imposed or enforced. It suggests that we should pay close attention to the actual practices that prevail at trial, its "consciously structured hybrid" of languages and practices, if we want to understand the nature of law.
Burns, Robert P., "Narrative and Drama in the American Trial" (2012). Faculty Working Papers. Paper 201.