Best Lawyers, Best Writers

storyThe best lawyers are the best writers. Such lawyers command the technical and professional skills required of all legal writers, while also deploying the sometimes subtle tools of narrative nonfiction and novel writers. Those writer’s tools include a sense of character, conflict and story arch that drive all moving stories. The tools also involve story structure, plot development, and scene setting, among others. Yet those tools are rarely taught in law school legal writing courses. Law & Literature seeks to highlight the usefulness and enjoyment of storytelling for legal writers, without sacrificing the professional, ethical and technical sophistication required of the best legal writing.  Let us all strive to become better “legal storytellers.”

Advertisements

Law-Lit’s Mission: Imagination, Emotion, Story

jumpinglawyer

  1. We revive our moral imaginations and intellectual empathy to compliment legal reason as a path to solving law’s problems.
  2. We engage our emotional and intuitive faculties as foundations for sound judgments in law.
  3. We discover storytelling, along with fiction and nonfiction techniques, as routes to understanding law and better writing in the legal profession.
  4. We aim to become more adept with stories, reading, and writing to enhance communication and persuasion.
  5. We seek to ethically attune ourselves to the rewards and challenges of a fulfilling career – if not a calling – in the law.

3 Reasons We Need Law and literature

  • To do Justice!  “That’s not my job, my job is to apply the law,” famously retorted Oliver Wendell Holmes. Hence the conventional view of law: we apply known rules to guide conduct and make results predictable. Justice is secondary, if it concerns us at all. But this view disappoints, leaves us cold. We need to commit ourselves to seeking justice. We need a live debate about fairness and reason in law. We share responsibility for justice, not to hide behind our professional masks, our lawyerly jargon, and our habitual responses to legal problems. We should not leave justice to lawyers only, certainly not of the Holmes variety, but should include other voices. Literature offers many wise voices. We should listen to them.
  • To know injustice. Stories focus on particular, concrete instances of injustice. It is easier to know injustice than justice. Broad legal generalizations and rules can seem vapid, incomplete by comparison. Exposing ourselves vicariously through literature to concrete harm, loss and unfairness refines our sense of injustice. Such exposure tests our general legal propositions. And it prompts us to imagine how law might change to rectify injustice. Telling stories can ignite our moral imaginations.
  • To stop cruel formalism. Forms used to seek justice can themselves be infected with cruelties and frailties that produce injustice. We must examine our legal system’s penchant for formulaic, pat approaches to legal problems. We must counter consistency, predictability and efficiency with the realities – if not virtues – of flux and uncertainty at the core of most efforts to seek justice. This is not to deny the preeminent values of our legal system, but rather to embrace the humility that should accompany our various legal forms, procedures and rules. Literature can chasten and instruct us.

See Outside The Law: Narratives on Justice in America by Susan Richard Shreve and Porter Shreve, Editors (Beacon Press Boston, 1997) (My summary above draws from and distills the book’s introduction by Martha Minow).

Why Law and Literature?

Simply put, law and literature helps law students and lawyers achieve the following laudable goals:

  1. To become better at persuading – especially writing. The best writer often prevails in our legal system.
  2. To make sure our persuasion satisfies high ethical standards. Never sacrifice your ethics to win.
  3. To give us a vocabulary to explain our dissatisfaction with much legal analysis. Law’s conceptual tools alone do not explain justice and injustice. We need more.
  4. To look outside the strictly legal domain for perspective on law – we can’t solve a problem from within that problem.
  5. To allow a more nuanced, sophisticated appreciation of ambiguity in law. Ambiguity about factual matters, about indeterminacy in legal decisions, and about what constrains our courts in interpreting and applying law.

These are just a few of law-lit’s contributions to the intellectual and moral lives of all those who care about law and justice.