Download this Paper Open PDF in Browser

The Distinctiveness of Trial Narrative

37 Pages Posted: 23 Sep 2004  

Abstract

Scholars have drawn on the rich literature on narrative in their research into the American trial, a perspective at least implicitly endorsed by the United States Supreme Court in the Old Chief case. This is all to the good. However, the real power of the "narrative approach" emerges when one thinks concretely about what is distinctive to the different kinds of narrative employed at trial. This article explores the rhetorical and epistemological significance of trial narrative in the full context of the "consciously structured hybrid" of language practices that make up the American trial. Such a perspective enables us to admire a well-tried case as realizing practical truths beyond story-telling.

Suggested Citation

Burns, Robert P., The Distinctiveness of Trial Narrative. THE TRIAL ON TRIAL: TRUTH AND DUE PROCESS, Antony Duff, ed., Hart Publishing Ltd., UK. Available at SSRN: https://ssrn.com/abstract=595143

Robert P. Burns (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-6613 (Phone)
312-503-8977 (Fax)

Paper statistics

Downloads
216
Rank
118,334
Abstract Views
1,654