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Lawyers and Literature
James R. Elkins
Narrative and Story
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 (on-line
text)]
Narrative
Jurisprudence
a teaching module for a Jurisprudence course
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
The
Place of Narrative in the Courtroom
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
Norman
Mailer, Gary Gilmore, and the Untold Stories of the 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
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
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
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?] [The
World Gets Interested in Storytelling] [Steven
Denning on Narrative]
That's
My Story and I'm Sticking to It: Truth in Fiction, Lies in Fact
Story
Intelligence
Storytelling-Wikipedia
NPR's
Scott Simon: How to Tell a Story
[YouTube video]
What
is Public Narrative?
Public
Narrative
The
Importance of Narrative Stories in Public Policy Analysis
Sociolinguistic
Implications of Narratology: Focalization and ‘Double Deixis’ in Conversational
Storytelling
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
"Stories abound in all professions. Story principles
have been found in the work of a wide range of professionals, including
attorneys, historians, biographers, educators, psychiatrists, and journalists.
Thus, story should not be seen as exclusively fictional but instead
should merely be contrasted to other ways of assembling and understanding
data." [Peter Orton, Thinking
About Stories]
Life
Stories From Lost Worlds [website no longer available]
"Autobiography is, by definition, always a story about something
that has been and gone, something that is over. But the kind of
autobiography I am drawing attention to has the special extra feature
that there is a huge chasm between the world of the narration (the
now of the telling) and the world of the other place,
the lost home, which becomes super-charged with emotional and mythological
energy precisely because it is the place of no return."
"I want to talk about a particular kind of autobiographical
story-telling, that of people who have made a major and irreversible
crossing from their own cultural world to one that is vastly different."
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)][The
Case for Small Stories]
Life Stories and Telling Our Lives
The
Power of the Stories We Tell
Personal
Narratives and Life Stories
Telling
Stories: Aging, Reminiscence, and Life Review
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
Life and Structure

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)][on-line
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][on-line
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-line
text]
On the "turn to narrative" in the disciplines,
see:
Towards
a Conceptual History of Narrative
Concepts
of Narrative
Narratives
of Travel and the Travelling Concept of Narrative: Genre Blending
and the Art of Transformation
Reading
Narratives
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]
Nor
Commit a Social Science
Homo
Narrans: The Poetics and Anthropology of Oral Literature
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]
Narrative,
Memory and the Crisis of Mimesis: The Case of Adam Elsheimer and Giordano
Bruno
Artificial Intelligence
Computational
Narratology
Composition
"Composition instruction draws from narrative theory, which distinguishes
between the story (the what) and the discourse (the how), and composition
theory, which further addresses process, as prewriting, drafting, revising,
editing, and publishing. The composing process and the terms narrator
and audience are key elements in both." [Stella
Thompson, Writing
Theory Versus Narrative Theory in College Writing]
Education
In
Search of a Lost Eye: The Mythopoetic Dimension in Pedagogy
Epistemology
"People love to tell stories. When something scary, or funny,
or out of the ordinary happens, we cannot wait to tell others about
it. If it was really funny etc. we tell the story repeatedly, embellishing
as we see fit, shortening or lengthening as the circumstances prescribe.
When people are bad storytellers we tend not to pay as close attention
to their stories; our minds drift, and we hope for a swift conclusion.
We tend not to remember those stories as well as the ones that were
carefully constructed and skillfully delivered. Storytelling is one
of our primary forms of communication with other people. What I will
argue in this paper is that reading, telling, and hearing well-constructed
narratives are not just an idle pastime that we have created for entertainment
purposes or even as a mere means of communication. Rather, I want to
argue that there are epistemological benefits to reading, hearing, and
telling well-constructed narratives." [Worth, Knowing
Through Storytelling]
Narrative
Making Sense
The
Origins of Narrative
The
Cognitive and Anthropological Origins of Narrative
Ethnography
Ethnographic Writing
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]
Film Studies
Lawyers and Film
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
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
The
Narrative Turn in the French Novel of the 1970s
Management & Organization Studies
Imparting
Knowledge through Storytelling
Storytelling: Passport
to Success in the 21st Century
Organizational
Storytelling, Ethics and Morality:
How Stories Frame Limits of Behavior in Organizations
Narrative
Leadership: Using the Power of Stories
Organizational
Storytelling
Narrative Inquiry:
Creating Leading Edges in OD
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]
The
Mystery of the Black Knight’s Noetherian Ring
an investigation into the story-mathematics connection with a small
detour through chess country
Medicine
Narrative
Medicine: Wikipedia
Stories
in Medicine: Doctors-in-Training/A Different Type of Patient History
[NPR, Margot Adler, audio]
Master Educators
Guild Guest Lecture 2009: Rita Charon
[YouTube video][41:55 mins.][Presentation given at
the New Jersey Dental School][Charon begins talking about narrative
medicine at 15:42 mins. into the presentation]
Doctors'
Stories: For a Bellevue Physician, Listening--and Writing--Are Key
[NPR, Melissa Block, audio]
Story
Specialists: Doctors Who Write by
[NRP, Lynn Neary, audio, 6:37 mins.]
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”
A
Series of Articles on Narrative Medicine
[LitSite Alaska, a website devoted to "Inspiring
learning and building community through narrative"]
Narrative Medicine and Advocacy Journalism
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, ie, 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 synthesising stories, capturing the zeitgeist of a time and
place, bringing to a focus what forces are at work, highlighting its
problems, and crystallising its values." [Helena
Sheehan, Story,
Myth, Dream and Drama]
Narratology
Narratology:
A Guide to the Theory of Narrative
The
Structure of Narrative
Narrative--Wikipedia
European Narratology Network
Narrative
Contestations
Hoodwinked
by Aristotle: Narratological Reflection
On
the Epistemology of Narrative Theory: Narratology and Other Theories
of Fictional Narrative
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]
Philosophy
Stories for Teachers
Can Fiction
Be Philosophy?
Biographical
Lives
Narrative
Identity
Getting
the Story Straight: Kierkegaard, MacIntyre and Some Problems with
Narrative
Paul
Ricoeur and Narrative: Context and Contestation
Poetry
Narrative
and Persona in the Poetry of Robert Frost
Political Science
"[P]olitics is essentially a contest for meaning . . . telling
a story is an elemental political act . . . ." [The
Political Use of Racial Narratives -- comment on Ricard A. Pride's
The Political Use of Racial Narratives]
Towards
a Narrative Theory of Political Agency
Psychology
"The study of stories people tell about their lives is no longer
a promising new direction for the future of personality psychology.
Instead, persolnal 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
242-262 (New York: Wilford Press, 3rd ed., 2008)(on-line
text)]
Internet
Resources on Narrative Psychology: Annotated Guide
Narrative
Psychology: Resources Guide
Narrative
and Identity
Life as
Fiction
Narrative in
Post-Rationalist Cognitive Therapy
A Story Telling Psychology
Between
Nosology & Narrative: Where Should We Be?
Narratives and Therapeutic
Conversational Agents
Remythologizing
Culture: Narrativity, Justification, and the Politics of Personalization
Narrative
Therapy-Wikipedia
Psychotherapy
"[T]he client's narrative becomes the core of each therapy session.
When a client tells a personal story, he or she gives special significance
to certain events, which illuminates personal meanings. The therapist
works collaboratively with the client to analyze the content and organization
of these stories. As stories are told and retold over time, changes
in the client's concerns, problems, and goals, which forms the basis
for the therapeutic process." [from the cover,
Hubert J.M. Hermans & Els Hermans-Jansen, Self-Narratives:
The Construction of Meaning in Psychotherapy] (New York: Guilford
Press, 1995)]
Narrative
Psychotherapy
Using
Women's Narratives in Psychotherapy
Narrative
Therapy
Transformative
Narrative Therapy
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
Narrative
Analysis
The
Turn to a Narrative Knowing of Persons
Analysis
of Personal Narratives
Handbook
of Narrative Inquiry
Narrative
Inquiry: Experience and Story in Qualitative Research
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)]
Sociological
Narratives
[a course taught by Stephen Pfohl, Professor of Sociology,
Boston College. "[A course that investigates] the structure of
sociological thought and writing as an historically situated form
of literary practice or story-telling."]
Why
Study People's Stories? The Dialogical Ethics of Narrative Analysis
A Sociology
of Storytelling
Stories
and Social Structure: A Structural Perspective on Literature in Society
Narrative
and the Social Construction of Identity
Narrative
and Religious Experience
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?]
Religion
and Narrative
A Feminist
Methodology for Narrative Theology and Ethics
Black
Theology as Public Discourse
Narrative
Theology: Wikipedia
Discerning
the Story Structures In the Narrative Literature of the Bible
God
and the Space of Civic Discourse
Wrestling
with Flesh, Wrestling with Spirit: The Painful
Consequences of Dualism in The Last Temptation of Christ

Academic Journals
Narrative
Inquiry
Storytelling
Center for Studies in Oral
Tradition
National Storytelling Network
Society for Storytelling
Storytelling Web Resources
Encyclopedias
Routledge
Encyclopedia of Narrative Theory

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