Abstract

http://ssrn.com/abstract=595143
 
 

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The Distinctiveness of Trial Narrative


Robert P. Burns


Northwestern University - School of Law


THE TRIAL ON TRIAL: TRUTH AND DUE PROCESS, Antony Duff, ed., Hart Publishing Ltd., UK

Abstract:     
Scholars have drawn on the rich literature on narrative in their research into the American trial, a perspective at least implicitly endorsed by the United States Supreme Court in the Old Chief case. This is all to the good. However, the real power of the "narrative approach" emerges when one thinks concretely about what is distinctive to the different kinds of narrative employed at trial. This article explores the rhetorical and epistemological significance of trial narrative in the full context of the "consciously structured hybrid" of language practices that make up the American trial. Such a perspective enables us to admire a well-tried case as realizing practical truths beyond story-telling.

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Date posted: September 23, 2004  

Suggested Citation

Burns, Robert P., The Distinctiveness of Trial Narrative. THE TRIAL ON TRIAL: TRUTH AND DUE PROCESS, Antony Duff, ed., Hart Publishing Ltd., UK. Available at SSRN: http://ssrn.com/abstract=595143

Contact Information

Robert P. Burns (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
312-503-6613 (Phone)
312-503-8977 (Fax)
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