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Narrative Structures Law, Literature, Journalism, Film This course will compare the narrative techniques of lawyers, novelists, journalists, and film directors. In particular, the course will explore the devices used by lawyers to tell stories as the means of persuasion in the trial of cases, in comparison to the approaches of "non-adversarial" narrators.
Trial attorneys are often condemned as deceivers and flimflam artists who use sly rhetoric to bamboozle witnesses, turning night into day. In this conception, lawyers tell stories only to seduce and beguile the hapless jurors who fall prey to the advocatestricks. Critics believe that the system would be better and more honest if the witnesses were simply asked to speak, without the distorting interventions of counsel.
The contrasting view is that lawyers employ the techniques of narrative construction to enhance the truth, not hide it, in the same way that other narrative professions use story development to convey ideas. A well conceived trial story may actually result in an account that is "truer" in important respects than the witness's unmediated version of events.
We will study the process by which a trial lawyer takes raw material, as it might be presented or perceived by a client, and shapes it into a coherent narrative through a process of inclusion and omission. This craft has been roundly criticized from both the right and the left. Conservative lawyer-bashers complain that lawyers teach their clients how to lie and dissemble. Critical theorists, in contrast, complain that lawyers stifle the true voices of their clients in favor of the hegemonic narratives required by the law.
The class will consider whether perspective both criticisms may be wrong.
Evaluation: Final examination
Text: None. Posted materials. Tentative materials:
READINGS
Russell Banks, The Sweet Hereafter
Louis Begley, Wartime Lies
Michael Frayn, Spies
Graham Burnett, A Trial by Jury
Harper Lee, To Kill a Mockingbird
Janet Malcolm, The Crime of Sheila McGough
Course packet materials
FILMS
The Caine Mutiny
The Last Detail
The Man Who Shot Liberty Valance
Philadelphia
Rashomon
Shane
Catalog Number: LAWSTUDY 642 Practice Areas: Perspective viewpoint Additional Course Information: Open to First Year Students , Perspective Elective |
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Course History |
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Spring 2013 Title: Narrative Structures Law, Literature, Journalism, Film Faculty: Lubet, Steven (courses | homepage) Section: 1 Credits: 3.0 Capacity: 65 Actual: 0 |
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Spring 2012 Title: Narrative Structures Faculty: Lubet, Steven (courses | homepage) Section: 1 Type: Lecture Credits: 3.0 Capacity: 65 Actual: 0 |
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Spring 2011 Title: Narrative Structures Law, Literature, Journalism, Film Faculty: Lubet, Steven (courses | homepage) Section: 1 Type: Lecture Credits: 3.0 Capacity: 65 Actual: 0 |
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Spring 2010 Title: Narrative Structures Faculty: Lubet, Steven (courses | homepage) Section: 1 Type: Lecture Credits: 3.0 Capacity: 65 Actual: 39 |
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