Narrative Jurisprudence

Recently, I began reading a book called The Coming Race War? which has a daunting name but a simple premise. The premise is that race as a construct, law, and Critical Race Theory are convoluted subjects which need to be dealt with in a way that transcends abstract theories and embraces the post-modernity of the recent years.

This book embraces a style of writing that most rarely associate with writings pertaining to law. It is a style rooted in storytelling, allowing certain more "literary" (gasp) aspects to act as a force in teaching and arguing subjects.

This style of writing is called, Narrative Jurisprudence.

James R Elkins, a professor of Law at the West Virginia University college of law writes that,

"We might then, say of narrative jurisprudence, that it is a way of thinking about law as composed and comprised of stories, performed in their most celebrated and public way–in trials." Source

This quote shows that, even in the most crotchety of academic venues, the subjectivity and ambiguity of the flesh world can be utilized to portray complex, abstract ideas through oral mediums.

In the book, The Coming Race War by Richard Delgado a standard section of the book looks like this:

"I wish it were that way," Rodrigo said with a sigh. "But Lawyer's training and culture discourage him or her from challenging the narrative structures we just mentioned. Lawyers who spoke up or mimicked the emotional tone of the judge, would be sanctioned or disbarred (69). Lawyers cannot depart much from the stylized, desiccated stories spelled out in the rules of pleading..." (Delgado 25).

This passage seems to have more in common with the writings of Tom Clancy than a scholar of law. And stylistically, that would seem like a sound assertion. However, the meat of the matter is sound, researched, and a wholly well formed argument. Also, see that "69" in the middle of the passage? That is one of many notations which link to a large footnote bank in the back of the novel. Richard Delgado has exhaustively researched and studied his topic. This is an academic essay written in a wholly academic tone, and the content is concrete, but the medium is the message.

While I understand and admire this kind of postmodernist approach, I do understand that not all information can be presented in this way, however, I think that it would be wise for us to revisit the stylistic mediums which we use to address other fields.

I am in the process of investigating this form further and will add more to this post later.

Never thought I'd find a connection between Kane and his merry band of myth tellers and lady justice.