The Stories of American Law
Robert L. Hayman Jr.
Widener University Delaware Law School
University of Missouri at Kansas City - School of Law
ON PHILOSOPHY IN AMERICAN LAW, Francis J. Mootz III, ed., Cambridge University Press, 2008
Widener Law School Legal Studies Research Paper No. 08-17
This article discusses empiricism and narrative as the heirs of Legal Realism. It addresses both the legal academy's increasing emphasis on empirical research and the ways in which stories and storytelling are sifting into litigation and legal academic literature.
The article also questions whether there are indicators of narrative truth by looking through the lenses of several recent cases, including Gonzales v. Carhart and Parents Involved in Community Schools v. Seattle School District No. 1.
Number of Pages in PDF File: 10
Keywords: Stories, storytelling, empiricism, narrative, Gonzales v. Carhart, Parents Involved in Community Schools v. Seattle School District No. 1, Brown v. Board of Education, Karl Llewellyn, narrative, social science, racial segregation
JEL Classification: J15, J70, J71, J78, K10, K42
Date posted: October 22, 2007 ; Last revised: February 15, 2008