Once Upon a Time in Law: Myth, Metaphor, and Authority
Linda H. Edwards
University of Nevada, Las Vegas, William S. Boyd School of Law
Tennessee Law Review, Vol. 77, p. 883, 2010
UNLV William S. Boyd School of Law Legal Studies Research Paper No. 10-02
We have long accepted the role of narrative in fact statements and jury arguments, but in the inner sanctum of analyzing legal authority? Surely not. Yet cases, statutes, rules, and doctrines all have stories of their own. When we talk about legal authority, using our best formal logic, we are actually swimming in a sea of narrative, oblivious to the water around us. As the old Buddhist saying goes, "We don’t know who discovered the ocean, but it probably wasn't a fish."
This article teases out several familiar archetypes hidden in discussions of cases and statutes. In the midst of seemingly routine law talk are stories of birth and death, battle and betrayal, tricksters and champions. These stories are simultaneously true and false, world-shaping yet always incomplete. Their unnoticed influence over the law's development can be powerful. But we so seldom question familiar narratives, and these archetypes practically run in our veins. We should learn to recognize and interrogate these stories, attuned to their truths, alert to their limitations, and ready when necessary to seek other more accurate and complete stories for the law.
Number of Pages in PDF File: 35
Keywords: myth, metaphor, archetype, narrativeAccepted Paper Series
Date posted: August 27, 2009 ; Last revised: February 6, 2011
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