|
Lawyers and Literature
James R. Elkins
 Story | Narrative
Resources
Narrative Jurisprudence
 "While
a law student's education may have taught them something about the state
of the law, and its application to specific legal problems, I assumed
that they had learned far less about lawyering and how it might affect
a person's life. Learning to think like a lawyer-whatever that turns
out to mean-is not the same as working as a lawyer and living a lawyer's
life. Lawyering is the only professional calling that is adversarial
in nature. It is adversarial in that lawyers find themselves pitted
not only against each other, each side zealously representing a client,
but lawyers often find themselves pitted against themselves in that
the position of their client (which they are paid to represent) might
not be their own. The result, for any person of substance, is an ongoing
conflict between the lawyer with an independent intellectual (and a
regard for the truth) and his role as advocate (for clients who may
not share his intellectual concerns, nor his regard for the truth).
Basically, law school doesn't help students recognize, explore, or deal
with this problem of immersing oneself in an adversarial existence and
being in conflict with one's self." [William Domnarski,
Law and Literature, 27 Legal Stud. F. 109, 110 (2003)]
"We
(those who subscribe to American law as a set of practices) need cases;
we thrive on facts. With facts, we make stories, and we worry about
the application of rules to the stories we make." [Kim
Lane Sheppele, Narrative Resistance and the Struggle for Stories, 20
Legal Stud. F. 83 (1996)]
"Researchers
have found that the human brain has a natural affinity for narrative
construction. People tend to remember facts more accurately if they
encounter them in a story rather than in a list, studies find; and they
rate legal arguments as more convincing when built into narrative tales
rather than on legal precedent." [Benedict Carey,
"This Is Your Life (and How You Tell It)," New York Times,
May 22, 2007 (online
text)]
A Bibliographical
Guide to Narrative Jurisprudence
James R. Elkins
The
Appellate Brief as Story
An
Empirical Study of the Power of Story
Beloved
are the Storytellers
Fiction
Writing Techniques to Write Persuasive Facts Sections
Stories
about Storytelling: 100 Years of Brief Writing Advice
Law
as Practice & Narrative
How
Jurors Use Narrative to Process Evidence
Once
Upon a Time in Law: Myth, Metaphor, and Authority
Client-Centered
Interviewing Through Storytelling
This
is Not the Whole Truth: The Ethics of Telling Stories to Clients
Telling
the Client's Story Using the Archetypal Hero's Journey
The
Power of the Narrative in Domestic Violence Law Reform
Law
as Story: A Civic Concept of Law
Stories
of American Law
Jeffrey
Dahmer, the Serial Killer--The Insanity Defense and Narrative
A
Narrative Analysis of Korematus v. United States
Shooting
Stories: The Creation of Narrative and Melodrama in Real and Fictional
Litigation against the Gun Industry
A
Witness to Justice
On
Reznikoff's Testimony
Jurisprudence
as Narrative
Robin West, 60 N.Y.U.L. Rev. 145 (1985)
No
Place To Go, No Story To Tell: The Missing Narratives
of the Sanctuary Movement
Teresa Godwin Phelps, 48 Wash. & Lee L. Rev. 123
(1991)
Reshaping
the Narrative Debate
Nancy Levit, 34 Seattle U.L. Rev. 751 (2011)
Using
Narrative Jurisprudence to Develop a Narrative Approach
to Deliberative Ethical Argument in Composition
Donna L. Scheidt, dissertation, University of Michigan,
2011
Stories and Legal Education
"American law places stories squarely at the center of debate.
Our tradition of legal education through the case method emphasizes
the law produced in courts more than the law produced in legislatures.
For those immersed in the three-year acculturation process of a contemporary
law school, the focus clearly falls on appellate decisions. In these
mini-treatises, judges follow the convention of rationalizing decisions
by presenting the facts and law so as to make their choices appear inevitable.
But students quickly learn that judicial decisions are, in fact, infinitely
malleable. If reading dissenting opinions that re-characterize the facts
or reinterpret the law doesn't convince a student, then Socratic badgering
surely will. For a student educated in the case method, it is not cynical
to conclude that judges tell stories to justify their decisions-this
storytelling process is merely intuitive. Legal education teaches students
that storytelling skills are the stock-in-trade of the legal profession.
Legal arguments are created, much like a simple fable, from the stock
elements of facts and law." [Mark A. Clawson, Telling
Stories: Romance and Dissonance in Progressive Legal Narratives, 22
Legal Stud. F. 353, 357 (1998)]
Storytelling:
A Different Voice for Legal Education
Sandra Craig McKenzie, 41 Kan. L. Rev. (1992)
Storytelling
Across the Curriculum
Legal
Storytelling-Reflective Writing Across the Curriculum
Stories
in Law School: An Essay on Language, Participation, and the Power
of Legal Education
Essays on Story by Ken Sanes
Contemporary
Storytelling: Tales of Life Way After the Fall
"Most works of fiction,
from movies to stories told around the dying embers of a campfire,
work their magic on us by employing a single set of elements. They
start by showing us characters who are in a state of exile from
what they desire and who seek a kind of paradise in which their
desires will be fulfilled."
Popular Fiction
and the Quest for Freedom
"[We discover in ] the stories of popular culture-in movies,
TV, news, political speeches, advertisements, and so on-are based
on . . . themes that center around our desire to evolve into whole
selves and good societies, in the face of fears and desires, and
obstacles that block our path."
Schemas
and Stories
"In everyday life, people rely on cognitive models, maps or
schemas of how the world works, to organize their perception of
events and determine how to act. These models make up much of the
structure of the unconscious mind, on which our conscious thinking
and decisions are based."
Westerns: The Founding
of Civilization As the Bridling of Masculine Desire
"Of the various genres of fiction, one of the most popular
in America has been the frontier story, which tells about characters
who establish and protect outposts of civilization. Typically, the
outposts of civilization depicted in these stories-whether they
are space stations, ranches, towns or forts-exist in a sea of dangerous
nature that can close in at any time. Just as typically, they are
threatened from within by characters who seem to have a little too
much in common with the raw nature on the outside."
The Real Self
in a Virtual World: Popular Culture as an Expression of Human Nature
"Everyone-at least everyone with a reasonably normal mind
and brain-has a true self that is partly buried beneath their
everyday personality. This self is who each of us is and can become
when our natural growth isn't interfered with by personal and cultural
neurosis."
Story-Based
Simulations: Art and Technology Masquerading as Life
"[T]he representational arts [fiction foremost among them]
offer us the illusion of an objective reality in which everything
exists to expand our inner life. In the nonfiction world, we find
ourselves in circumstances that are governed by physical laws or
other people's desires or chance. However much we may like to think
otherwise, most of our efforts to re-create this world so it takes
note of our values and desires are unsuccessful. But the enchanted
realm of the arts temporarily place us in fictional substitutes
that are crafted ahead of time to revolve around us, in which sense
and meaning are combined in ways that satisfy our hunger for new
and pleasurable experiences, and give our inner life an intensity
that is only rarely evoked by the nonfiction world."
Story Writing by Bill Johnson
Understanding
What a Story Is
"From prehistoric times when our ancestors gathered around
fires in caves, storytellers have been aware of how arranging events
in a story-like way held the attention of an audience."
"What is a story? I say it is a vehicle that carries us on
an engaging, dramatic journey to a destination of resolution we
find satisfying and fulfilling."
Perceiving the
Foundation of Storytelling
"[A]t its heart, a story must have an issue at stake that
is of consequence to the story's audience. Something the members
of the audience will desire to experience in a state of resolution
and fulfillment. Love. Courage. Redemption. Renewal. Some issue
that revolves around the aching need of humans to feel they matter,
that they have a place in the world."
Understanding
the Process of Storytelling
"Storytelling is a process. A process that involves understanding
the dramatic issue or idea at the heart of a story and arranging
a story's elements to bring that issue to resolution in a way that
offers the story's audience a dramatic experience of fulfillment."
Film & Story/Narrative
Dramatica:
A New Theory of Story
Cinematic
Narrative
Thinking About Stories
Big
Stories & Little Stories
[M. Bamberg , Biographic-narrative Research,
Quo Vadis? A Critical Review of 'Big Stories' from the Perspective
of 'Small Stories,' in Kate Milnes, Christine Horrocks, Nancy Kelly,
Brian Roberts & David Robinson (eds), Narrative, Memory and
Knowledge: Representations, Aesthetics and Contexts (Huddersfield:
University of Huddersfield Press, 2006)]
Life Stories and Telling Our Lives
Telling
Stories: Aging, Reminiscence, and Life Review
Life and Structure
Why
Study People's Stories?
Arthur W. Frank
Arthur W. Frank: His
teaching & work
At
the Will of the Body: Reflections on Illness
Letting
Stories Breathe: A Socio-Narratology
Stories and Their Telling
"For the caveman, the world was a strange and unexpected place.
Storytelling around campfires enabled the village to pool information
about the baffling problems that faced the village, why the wolves were
attacking or why the crops failed, or why the weather was so harsh or
dry or wet, and so on. As we began to master these things over the last
few couple of thousand years, we started to feel as though we understood
what was going on. Now once again, the world is becoming turbulent
and things are, once again, looking unexpected. Hence we feel the urge
to sit around a conceptual campfire and swap stories and this very old
technology of storytelling resonates with us yet again." [Steve
Denning, Why
Storytelling at this Particular Time?] [Steven
Denning on Narrative]
Story
Intelligence
Storytelling-Wikipedia
What
is Public Narrative?
Public
Narrative
Narrative &
Ritual
Video
How to Tell
a Story
[3:01 mins.] [Nancy Duarte comments on stories of
transformation]
Engage Through
Storytelling
[4:13 mins.] [Nancy Duarte]
NPR's
Scott Simon: How to Tell a Story
[3:30 mins.]
Ken Burns on Story
[5:21 mins.]
Storytelling
Theory and Practice
[45:17 mins.] [Brian Sturm presents storytelling as
a way of organizing information, conveying emotions, and building
community.]
Harnessing
the Power of Stories
[19:40 mins.] [Social psychologist Jennifer Aaker
is the General Atlantic Professor of Marketing at Stanford University's
Graduate School of Business]
Jennifer
Aaker: The Power of Story
[49:51 mins.]
Videos | TED Talks
The Power of
Storytelling to Change the World
[17:16 mins.] [Dave Lieber is a newspaper columnist
for the Dallas Morning News ]
The Storytelling
Animal
[7:24 mins.] [Jonathan
Gottschall is the author of The Storytelling Animal: How Stories
Make Us Human]
Wired for Story
[17:32 mins.] [Lisa Cron] [Lisa Cron worked in publishing
at W.W. Norton, as an agent at the Angela Rinaldi Literary Agency,
as a producer for Showtime and CourtTV, and as a story consultant
for Warner Brothers and the William Morris Agency, and since 2006,
as an instructor in the UCLA Extension Writers' Program ]
The Power of
Storytelling
[12:36 mins.] [Andrea Gibbs, Australia]
It's Only a
Story
[14:01 mins.] [David Closs,
UK comedian]
The Mystery
of Storytelling
[18:28 mins.] [Julian Friedmann]
Why Storytelling
Matters
[15:10 mins.]
Stories
Out Loud: Bill Harley
[13:36 mins.] [Bill Harley ]
The
Clues to a Great Story
[19:16 mins.] [Andrew Stanton]
The
Power of Story
[18:56 mins.] [Susan Conley]
Poetess/Storyteller
[12:33 mins.] [Sarah Kay]
Why
We Tell Stories
[14:40 mins.] [Patricia Evangelista]
Leadership
Storytelling
[15:50 mins.] [Steve Denning]
Tell
Me a Story
[16:02 mins.] [Todd Babiak]
The
Future of Story
[18:43 mins.] [Jeff Parkin]
Psychologically,
We Are Our Stories
[18:44 mins.] [Jonny White]
The
Power of Healing Through Storytelling
[12:19 mins.] [Nicole Stewart]
How Exploring
the Feminine Turned My Wounds into Strengths
[17:28 mins.] [Nicole Sorochan]
How
to Write a Story
[17:45 mins.] [John Dufresne]
A Turn to Narrative
"The past several decades have seen an explosion
of interest in narrative, with this multifaceted object of inquiry becoming
a central concern in a wide range of disciplinary fields and research
contexts." [Routledge
Encyclopedia Of Narrative Theory]
"In the past decade there has been a dramatic surge of interest
in the concept of 'narrative.' Narrative has not only provided literary
criticism, philosophical ethics, law, theology, and biblical studies
with new tools for argument and interpretation, it has also provoked
a radical rethinking of modern presuppositions about the nature of these
areas of inquiry." [H. Jefferson Powell, Transparency,
Opacity, and Openness in Narrative, 40 J. Legal Educ. 161 (1990)][online
text]
"[A] small revolution with potentially large consequences is occurring
in our contemporary knowledge culture. . . . [A] protean reframing
of the narrative concept is seeping and/or being appropriated into the
central epistemological frameworks of a spectrum of other disciplines-including
medicine, social psychology, anthropology, gender studies, law, biology,
and physics." [Margaret R. Somers & Gloria
D. Gibson, "Reclaiming the Epistemological 'Other': Narrative and
the Social Constitution of Identity," in Craig Calhoun (ed.), Social
Theory and the Politics of Identity][online
text]
"Narrative is no doubt one of the great academic travellers of the
last forty years. As such, there is nothing exceptional or sensational
in this mobility: narrative simply belongs to the same group of travellers
as 'culture,' 'discourse,' 'gender,' and many others. Epistemic ruptures
obviously encourage such fast transformations of the scholarly vocabulary.
Many of these overlapping re-evaluations have been categorized under
the more or less hyperbolic title, 'turn,' be it linguistic, cultural,
rhetorical, constructivist, or narrative." [Matti Hyvärinen,
An Introduction to Narrative Travels]
On the "turn to narrative" in the disciplines,
see:
Narrative
Inquiry and Autoethnography in Higher Education
Narrative
Inquiry
The
Enemies of Storytelling Down Through the Ages
Anthropology
"There is a great deal of interest in representation and narrative
in anthropology now, including the politics of the stories we tell about
ourselves and about the people we construct as 'other.'" [Bridget
Hayden, Mead, Myth, & Public Anthropology]
The
Narrative Turn: Interdisciplinary Methods and Perspectives
Anthropology
as Theoretical Storytelling
The
Anthropology of Storytelling and the Storytelling of Anthropology
Anthropological
Issues in Ethnography and Personal Narrative: A Bibliography
Anthropology/Ethnography
and Narrative: Articles Bibliography
On Anthropology, Narrative, and Law, see: Rebecca R. French, Of Narrative
in Law and Anthropology, 30 Law & Soc. Rev. 417 (1996)
Art
"The argument can be made that all visual material has a story
behind it regardless of its lack of descriptive subject matter . . .
." [Christina Vassallo, A
Story Being Told]
Artificial Intelligence
Computational
Narratology
Epistemology
Narrative
Paradigm
Ethnography
Storytelling
Among the Anthropologists
Ethnographic Writing
Narrative
Ethnography
‘Based
on a true story’: Ethnography’s impact as a narrative
form
Doing
Narrative Ethnography
Types
of Ethnography in Qualitative Research
Ethnography,
Storytelling, and Phenomenology: Good Problems
in Writing Religion
Education
"The applications for narrative in an academic context are
as varied as the stories themselves. Narrative enquiry gives permission
to learners to tap into the tacit knowledge embedded in their experience
as well as to learn from each other in the process. It also serves as
a springboard for dialogue about the deeper issues of their professional
discipline that may not be easily illuminated through other methods."
[Alternative Modes of Teaching and Learning: Storytelling, website now
unavailable]
History
"Narrative history is the practice of writing history in a
story-based form."
-Narrative
History - Wikipedia
"He thought the future of narrative would be made, as the history of
narrative had been made, by historians, thinking of themselves as writers,
learning from writers, and writing, taking the same care as poets and
novelists with their words and designs, perhaps also taking some of
the same risks. . . . It would always be made by writers who trusted,
and who could figure out how to fall into, and lose themselves in, stories."
[James Goodman, For the Love of Stories, 26 (1) Reviews
in American History 255, 268 (1998)]
What
History
Is
Narrative
History
Linguistics
"In most sociolinguistic studies of the speech community, narratives
of personal experience play a prominent role." [William
Labov, Ordinary
Events]
Uncovering
the Event Structure of Narrative
Some Further
Steps in Narrative Analysis
Narrative
Models and Meaning
Literature
"If a literary text does something to its readers, it also
simultaneously tells us something about them. Thus literature turns
into a divining rod, locating our dispositions, desires, inclinations,
and eventually our overall makeup. The question arises as to why we
may need this particular medium . . ." [Wolfgang
Iser, Prospecting: From Reader Response to Literary Anthropology
vii ( Baltimore: Johns Hopkins University Press, 1989)]
Narrative-Wikipedia
Narrative Point
of View-Wikipedia
Narrating
Ethics
Management & Organization Studies
Imparting
Knowledge through Storytelling
Storytelling: Passport
to Success in the 21st Century
Using
Narratives for Organisational Success
Storytelling
in Organizations: Larry Prusak
Mathematics
"At first glance (and maybe the second one too), narrative
and mathematics don't seem to be natural companions, but recent years
have made the juxtaposition much more common." [John
Allen Paulos, Math
in Narratives]
Medicine
Narrative
Medicine: Wikipedia
Stories
in Medicine: Doctors-in-Training/A Different Type of Patient History
[NPR, Margot Adler, audio]
The Healing
Power of Stories
Doctor
as Story-Listener and Storyteller
Stories
for Life: Introduction to Narrative Medicine
[Miriam Divinsky]
Interpreting
People as They Interpret Themselves: Narrative in Medical Anthropology
and Family Medicine
From
Narrative Wreckage to Islands of Clarity: Stories of Recovery from
Psychosis
Narratives
and Therapy
An
Extraordinary Moment: The Healing Power of Stories
Literature
and Medicine: Exploring Margaret Atwood’s Short Story “Death
by Landscape”
Medicine (Videos)
Honoring the
Stories of Illness: Dr. Rita Charon
[18:16 mins.]
Rita
Charon: A Sense of Story, or Narrative Medicine for the Chaos of Illness?
[1:21:17 mins.]
Rita
Charon: Narrative Methods of Building Effective Health Care Teams
[51:23 mins.]
Doctors'
Stories: For a Bellevue Physician, Listening--and Writing--Are Key
[NPR, Melissa Block, audio]
Story
Specialists: Doctors Who Write
[6:37 mins.] [NPR, audio]
Dr Oliver Sacks
on Narrative and Medicine and the Importance of the Case History
[40:59 mins.]
Every Patient
Tells a Story
[1:01:04 mins.][Lisa Sanders is a professor of medicine, at the Yale
University School of Medicine and author of Every Patient Tells
a Story: Medical Mysteries and the Art of Diagnosis] [presentation
begins at 5:06 mins.] Meet
Author Dr. Lisa Sanders [51:30 mins.]
Mythology
"Myths are stories, but not just any stories. They are stories
of special symbolic significance. Myths are prototypical stories, concretising
the really fundamental themes of human existence; involving archetypal
characters and situations; expressing the really basic curiosities,
hopes, fears, desires, conflicts, choices and patterns of resolution.
Myths are paradigmatic stories, i.e., stories that are told and retold
as shedding light on other stories, as linking past and present, as
bringing the unknown into relation with known. Myths are resonating
narratives, embodying the distilled essence of human experience; giving
symbolic answers to the most basic human questions, questions of origin
and destiny; offering stylised solutions to the most basic human decisions;
staking out the choices to be made at life's cross-roads. Myths
are normative narratives, setting out a society's history, legitimating
its institutions, codes and values and envisioning its future development.
Myths are synthesizing stories, capturing the zeitgeist of a time and
place, bringing to a focus what forces are at work, highlighting its
problems, and crystallizing its values." ["Story,
Myth, Dream and Drama," in Helena Sheehan, Irish Television
Drama: A Society and Its Stories (Radio Telefís Éireann,
2nd ed., 2004) ]
A
Host of Heroes
[video, 4:53 mins.]
Narratology
Narratology:
A Guide to the Theory of Narrative
The
Structure of Narrative
Narrative-Wikipedia
European Narratology Network
Narrative
Contestations
What
Is Narrative Theory?
Hoodwinked
by Aristotle: Narratological Reflection
Philosophy
"So, the first day of class we begin by asking them questions
such as 'What is a narrative or story?' What are the basic elements
of a story?" 'How would you apply the notion of a narrative or story
to you?' We spend quite a bit of time talking about the story of our
institution. We ask older students to tell particular stories they find
especially interesting, maddening, or perplexing. At the end of the
class period, the students have competently practiced philosophy as
a narrative activity." [Anne-Marie Bowery, Questions
As a Pedagogical Tool: A Narrative Approach to Philosophy, 22 Teaching
Philosophy 17 (1999)]
Narratives
and Narrators: A Philosophy of Stories
MacIntyre, Narrative
and Moral Development
Poetry
Narrative
Poetry
Narrative
Poems
Political Science
Towards
a Narrative Theory of Political Agency
Journal of Narrative
Politics
Psychology
"The study of stories people tell about their lives is no longer
a promising new direction for the future of personality psychology.
Instead, personal narratives and the life story have arrived.
In the first decade of the 21st century, narrative approaches to personality
have moved to the center of the discipline." [Dan
P. McAdams, "Personal Narratives and the Life Story," in John
Robins (eds.), Handbook of Personality: Theory and Research
(New York: Wilford Press, 3rd ed., 2008)]
Narrative
Psychology: Resources Guide
A Story Telling Psychology
Narrative
Therapy-Wikipedia
Research Methodology
"Narrative inquiry is the process of gathering information
for the purpose of research through storytelling." [Narrative
Inquiry - Conducting Observational Research, Colorado State University]
Redefining
our Understanding of Narrative
Qualitative
Research
A
Review of Narrative Methodology
Sociology
"The narrative turn in human inquiry has reached the social sciences
and has created a situation I refer to as narrative's moment. This moment
is a set of conditions and possibilities through which a genuine narrative
sociology might be developed. Such a sociology would encompass the sociology
of narratives, or the study of narratives from the standpoint of sociology's
domain interests, and it would more inclusively and reflexively include
sociology's narratives, viewing sociologists as narrators and thereby
inquiring into what they do to and with their's and other peoples narratives."
[David R. Maines, Narratives Moment and Sociology's
Phenomena: Toward a Narrative Sociology, 34 (1) Sociological Quarterly
17 (1993)]
Why
Study People's Stories? The Dialogical Ethics of Narrative Analysis
A Sociology
of Storytelling
Narrative
and the Social Construction of Identity
Theology
"Practically every theological discipline has seen some proposal
for the use of narrative as a means for rethinking the nature, method,
and tasks of that discipline." [George Stroup,
Theology of Narrative or Narrative Theology?: A Response to Why
Narrative?]
A Feminist
Methodology for Narrative Theology and Ethics
Narrative
Theology: Wikipedia
Discerning
the Story Structures In the Narrative Literature of the Bible
What
Narrative Theology Forgot
|