ON PHILOSOPHY IN AMERICAN LAW, Francis J. Mootz III, ed., Cambridge University Press, 2008
10 Pages Posted: 22 Oct 2007 Last revised: 15 Feb 2008
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.
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
Suggested Citation: Suggested Citation
Hayman, Robert L. and Levit, Nancy, The Stories of American 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. Available at SSRN: https://ssrn.com/abstract=1023670