"Reconstructing Reality in the Courtroom" explains what makes
stories believable and how ordinary people connect complex legal
arguments and evidence presented in trials to assess guilt and
innocence. The explanation takes the core elements of narrative-the
who, what, where, when, how, why-and shows how average people who
hear hundreds of stories every day use the connections between
these elements to assess credibility.
A series of simple experiments outside the courtroom provides
evidence for the explanation, showing that there is little
relationship between the actual truth of a story and the degree to
which the story is believed to be true by an audience of random
listeners not familiar with the teller. So, how do jurors make a
particular legal judgment? Based on courtroom observation, trial
transcripts, and credibility experiments, Bennett and Feldman
create a method of diagramming stories that shows exactly what
makes some stories more believable than others. Prosecutors and
defense attorneys can use this method of analyzing stories to weigh
the strategies and tactics available to them; scholars can use it
to assess the process of legal judgment.
Now in its Second Edition, this much-cited resource adds a new
preface by the authors, as well as new forewords from divergent
perspectives. From his experience in law practice, William S.
Bailey notes that the authors "adapt a broad structural framework
of storytelling to the criminal trial context, making it come alive
in the dynamic real world courtroom environment." Law-and-society
scholar Anna-Maria Marshall writes that the book's "emphasis on
storytelling will resonate with scholars studying legal
consciousness, where narrative plays an important theoretical and
methodological role. ... This new edition will be a welcome
addition to the Law and Society community."
""Reconstructing Reality in the Courtroom "is as timely as it
was when this classic was first published. Here Bennett and Feldman
provide great insight into the importance of storytelling as a
basis of justice in American criminal trials. It deserves very wide
readership." - Elizabeth F. Loftus Distinguished Professor,
University of California, Irvine Author, "Eyewitness Testimony
"(1996)
"This classic law and society study on the power of legal
stories is a rich and compelling empirical analysis of the dynamics
of story construction in trials. The book remains an essential
resource for law students, litigators, academics, and any others
who wish to understand the interpretive significance of the stories
told in the courtroom." - Jeannine Bell Professor of Law and Neizer
Faculty Fellow, Indiana University Maurer School of Law -
Bloomington Author, "Hate Thy Neighbor" (2013)
Part of the" Classics of Law & Society" Series from Quid Pro
Books.
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