Welcome to Law and Literature!

books-wallpaper-books-to-read-28990406-1024-768Do you wonder whether your legal education and your legal career can be part of a deeper, more integral vision of the law?

A vision of law that embraces as much of your imagination as intellect?

As much emotion and intuition as analysis and synthesis?

And as much story as rules, doctrines, and legal thinking?

If these questions spark some wonder in you, then you have come to the right place.

Law-Lit’s 3 promises:

  1. You will learn helpful, meaningful things about law, which is to say about yourself and your relationship with law. Law is far more than a set of rules and doctrines to guide social conduct.
  2. Law is a way of life, an ethical undertaking, an intellectual and emotional and – just as important for our study together- imaginative calling.
  3. This imaginative perspective combines stories, writing, and values about law in great literature with your conventional legal studies to deepen and enrich your education.

But law-lit doesn’t merely promise to improve your experience in, and of, the law, it promises also to improve your experience of legal education and practice.

Yes, law-lit makes the bold claim that you will have fun reading, contemplating, and discussing great works of fiction and nonfiction about the law.

Imagination, enrichment, and fun thus serve as our guiding lights toward . . .

Law-Lit’s 3 goals:

  1. To become better legal storytellers.
  2. To become better legal writers and communicators.
  3. To become more ethically attuned to the challenges and rewards of our legal careers.

Law-Lit: Telling Better “Legal Stories”

images-2A winning legal argument works much like a compelling story. So much so, in fact, that we might say their overlapping functions follow their shared forms. These underlying forms are by no means equivalent, but their matching anatomy reveals how both good stories and good lawyers win us over.

Let’s take story first. What makes a riveting story? At least five essentials:

  1. Setting: selected details to create a story world that invokes our senses and suspends our disbelief
  2. Character: people who engender our empathy, who want or need, who struggle, and who change through conflict
  3. Structure: conflict-driven and causally connected events that culminate in success or failure for the characters
  4. Theme: a moral premise or underlying message about how we should live our lives
  5. Style: the artist’s stamp of skill, creativity, and expertise that lends to the story’s believability

Now compare the essentials of legal argument, broadly speaking. What ingredients yield the most persuasive legal positions?images-1

  1. Details: selected facts to invoke our senses relevant to the legal dispute, or what we call “legally relevant facts”
  2. Motives: parties in the legal dispute must engender our empathy – we must understand their needs, wants, and goals
  3. Coherence: conflict-driven legal reasoning (i.e., legal argument) coupled with story to create “narrative-driven argument”
  4. Theme: a moral premise or underlying message about how we should live our lives
  5. Credibility: the lawyer’s believability, stemming from skill, practical wisdom, knowledge, and expertise

As we see, these two structures track one another in meaningful ways:

  • Details – Setting: we select the right details to invoke the senses and create a believable, engaging world
  • Motive – Character: we engender empathy for the struggling people at the center of this conflicted world
  • Coherence – Structure: the conflict resolves through striving, confrontation, and change
  • Theme – Theme: moral underpinning that gives larger meaning and connection to us
  • Credibility – Style: skill, expertise, and credibility show in the work, the work of a professional who cares

imagesNot a perfect overlap, by any means, but surely one worthy of our further study and reflection. The key differences, too, deserve our attention. This is yet another law-lit mission for us – to improve our understanding and practice of both law and literature by exploring their fundamental forms. These forms might help us tell better “legal stories” to serve our clients and the legal system, never failing our overarching duty to truthfulness and justice.

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

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  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.