Robert P. Burns (Northwestern University – School of Law) has posted Narrative and Drama in the American Trial on SSRN. Here is the abstract:
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This short essay summarizes an understanding of the trial as a medium in which law is realized or actualized, rather than imposed or enforced. It suggests that we should pay close attention to the actual practices that prevail at trial, its "consciously structured hybrid" of languages and practices, if we want to understand the nature of law.