Creating Legal Worlds: Story and Style in a Culture of by Greig Henderson

By Greig Henderson

A criminal judgment is firstly a narrative, a story of proof in regards to the events to the case. Creating felony Worlds is a examine of ways that narrative operates, and the way rhetoric, tale, and elegance functionality as essential components of any felony argument.

Through cautious analyses of impressive instances from Canada, the us, and the uk, Greig Henderson analyses how the rhetoric of storytelling usually contains as a lot argumentative weight inside 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 improper during which they make their decisions – and style their very own judicial self-images. Drawing at the paintings of the legislation and literature stream, Creating felony Worlds is a resounding argument for paying shut recognition to the position of tale and magnificence within the production of judicial decisions.

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They said that when he executed the charge to the bank he did not know what he was doing: or at any rate the circumstances were such that he ought not to be bound by it. At the trial his plight was plain. The judge was sorry for him. ” He was so obviously incapacitated that the judge admitted his proof in evidence. He had a heart attack in the witness-box. Yet the judge felt he could do nothing for him. ” He ordered Herbert Bundy to give up possession of Yew Tree Farm to the bank. Now there is an appeal to this court.

In Chekhov’s plays, seldom if ever is virtue rewarded, vice punished, and justice achieved. Though Dershowitz repeatedly insists that the “desperate attempt to derive purpose from purposelessness will often distort reality” (100), his own anti-teleological argument is itself a desperate attempt to distort reality – indeed, almost a metaphysical ploy. One may agree that the craving for unity that besets the human mind is deplorable, but teleology – whether imposed or discovered – has tremendous resonance in real life.

Hinz was frightfully injured and died a little later. Nearly all the children were hurt. Blood was streaming from their heads. The plaintiff, hearing the crash, turned round and saw the disaster. She ran across the road and did all she could. Her husband was beyond recall, but the children recovered. (Hinz v. Berry, 42) 40 Creating Legal Worlds With its connotations of animalistic ferocity, especially in contrast to the image of an innocent child picking bluebells by the roadside, a Jaguar is la voiture juste.

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