16 Pages Posted: 13 Oct 2011
Date Written: October 11, 2011
This short essay summarizes an understanding of the trial as a medium in which law is realized or actualized, rather than imposed or enforced. It suggests that we should pay close attention to the actual practices that prevail at trial, its "consciously structured hybrid" of languages and practices, if we want to understand the nature of law.
Keywords: trial, nature of law, rhetoric, narrative, drama
JEL Classification: K10, K19, K40, K49
Suggested Citation: Suggested Citation
Burns, Robert P., Narrative and Drama in the American Trial (October 11, 2011). Northwestern Public Law Research Paper No. 11-60. Available at SSRN: https://ssrn.com/abstract=1869165