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Judging by the Numbers: An Empirical Study of the Power of Story

36 Pages Posted: 29 Jul 2010  

Kenneth D. Chestek

University of Wyoming College of Law

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Abstract

This article focuses on the question of whether appellate judges are actually influenced by the stories of the litigants who appear before them. Part I will describe what I call the “DNA model of persuasion,” setting forth the hypothesis that logical argumentation, while a necessary part of persuasion, is not sufficient by itself and that using the form of a story to weave a pathos-based appeal into a brief will produce a more persuasive document. Part II of this article will describe a study that I devised and implemented to test whether appellate judges find story argumentation persuasive; Part III will present the results of the study. Part IV addresses possible objections to the validity of the test and the sample collected. Part V will begin an analysis of what the data might mean.

Among other things, I conclude that stories are indeed persuasive to appellate judges and others, but also that recent law school graduates are not as impressed by stories as more experienced lawyers (and judges) are. Finally, I suggest that stories are helpful because, properly done, they evoke emotional responses within the reader that make the legal claim seem more “real,” and hence believable, to the reader.

Suggested Citation

Chestek, Kenneth D., Judging by the Numbers: An Empirical Study of the Power of Story. Journal of the Association of Legal Writing Directors, Vol. 7, No. 1, 2010. Available at SSRN: https://ssrn.com/abstract=1649869

Kenneth D. Chestek (Contact Author)

University of Wyoming College of Law ( email )

P.O. Box 3035
Laramie, WY 82071
United States

HOME PAGE: http://www.uwyo.edu/law/directory/kenneth-chestek.html

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