By Greig Henderson
ISBN-10: 1442637080
ISBN-13: 9781442637085
A felony judgment is at the beginning a narrative, a story of evidence concerning the events to the case. Creating criminal Worlds is a learn of the way that narrative operates, and the way rhetoric, tale, and elegance functionality as crucial parts of any felony argument.
Through cautious analyses of outstanding instances from Canada, the USA, and the uk, Greig Henderson analyses how the rhetoric of storytelling usually includes as a lot argumentative weight inside of a judgement because the good judgment of criminal differences. via their narrative offerings, Henderson argues, judges create a normative universe – the area of correct and incorrect in which they make their decisions – and model their very own judicial self-images. Drawing at the paintings of the legislations and literature circulate, Creating felony Worlds is a resounding argument for paying shut recognition to the function of tale and magnificence within the production of judicial decisions.
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Extra info for Creating Legal Worlds: Story and Style in a Culture of Argument
Example text
Though manifestly referential and denotative, the language is latently emotive and connotative. Bundy’s plight and the legal issue are clearly laid out in 42 Creating Legal Worlds what seems to be neutral and descriptive language, but the appeal to pathos lurks in almost every sentence – the pastoral connotations of Broadchalke, Yew Tree Farm, and traditional English rural life, not to mention the sympathy generated for “a poor old gentleman” who lost his farm for the sake of his son and who had a heart attack in the witness box.
Unsurprisingly, McClung declines to take the high road in his peroration: In my reading of the trial record, this Crown appeal must be dismissed. Beyond the error of law issue, the sum of the evidence indicates that Ewanchuk’s advances to the complainant were far less criminal than hormonal. In a less litigious age going too far in the boyfriend’s car was better dealt with on site – a well-chosen expletive, a slap in the face or, if necessary, a well-directed knee. What this accused tried to initiate hardly qualifies him for the lasting stigma of a conviction for sexual assault and Alberta’s current bullet-train removal to the penitentiary for prolonged shrift.
The legal story involves what we might call an essentializing of temporality, a story of premises and conclusions wherein a logic of justification reveals a deductive structure of issue, fact, law, and conclusion. The art of persuasion resides in knowing which story to foreground. 11 And sometimes, for one side or the other, the concrete human story is fraught with peril. J. Simpson trial. There the defendant had obvious motive and opportunity, and Alan Dershowitz saw his role as thwarting the jury’s desire for a tightly plotted story with a riveting and powerful climax: the bloody murder of a previously assaulted wife and her supposed paramour by an enraged and jealous ex-husband.