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

10 Pages Posted: 22 Oct 2007 Last revised: 15 Feb 2008

Robert L. Hayman Jr.

Widener University Delaware Law School

Nancy Levit

University of Missouri at Kansas City - School of Law

Abstract

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

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

Robert L. Hayman Jr. (Contact Author)

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

Nancy Levit

University of Missouri at Kansas City - School of Law ( email )

5100 Rockhill Road
Kansas City, MO 64110-2499
United States

Paper statistics

Downloads
176
Rank
139,469
Abstract Views
1,236