By Greig Henderson
A criminal judgment is in the beginning a narrative, a story of evidence in regards to 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 indispensable components of any criminal argument.
Through cautious analyses of impressive circumstances from Canada, the U.S., and the uk, Greig Henderson analyses how the rhetoric of storytelling frequently 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 realm of correct and mistaken during which they make their decisions – and type their very own judicial self-images. Drawing at the paintings of the legislations and literature circulation, Creating felony Worlds is a powerful argument for paying shut cognizance to the function of tale and magnificence within the production of judicial decisions.
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Additional resources for Creating Legal Worlds: Story and Style in a Culture of Argument
The decision to eschew the human story was the right rhetorical strategy for the socio-historical context in which Warren wrote. It meant that the decision to outlaw segregation would have some chance of being implemented in a region where citizens had to be moved a great distance from traditional beliefs and values intensely held. Warren had no illusions as to the cost of persuasion. Thus Richard Weisberg’s statement that “Brown’s strange reliance on social scientific data robbed the opinion of the poignant focus on the historical and legal fate of individual black people, a focus that might have prevented so much of current affirmative-action backlash” (10) is true but irrelevant, since Warren was well aware that such an accusatory focus, however poignant, had to be sacrificed for sake of pragmatic exigencies, and he was clearly not in a position to have foreseen the affirmative-action backlash that would arise in the wake of Brown.
He agrees to pay a high rent to a landlord just to get a roof over his head. The common law will not interfere. It is left to Parliament. Next take the case of a borrower in urgent need of money. He borrows it from the bank at high interest and it is guaranteed by a friend. The guarantor gives his bond and gets nothing in return. The common law will not interfere. Parliament has intervened to prevent moneylenders charging excessive interest. But it has never interfered with banks. (336) It is tempting to view this paragraph as the quintessence of the plain style in legal writing, but closer scrutiny reveals a compositional shaping that betrays the mark of a consummate rhetorician.
The names and circumstances he inherited by chance appear as if they were invented by a Dickensian novelist: Broadchalke, Old Herbert Bundy, Yew Tree Farm, Old Peter Beswick (a coal merchant), Mr Harry Hook (a urinating street trader), Mr Plenty (a milk roundsman), a venerable cricket club in conflict with an avaricious housing development, not to mention a barmaid who trespassed in a junkyard and was badly bitten by a big dog. Even the cars cooperate: There came along a Jaguar out of control driven by Mr.