A Theory of the Trial

Erscheinungsjahr 2001
ISBN: 978-0-691-08980-5
Verlag: Princeton University Press

Buch, Englisch, 280 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 398 g

Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law.Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.

Autoren/Hrsg.

Burns, Robert P.

Fachgebiete

• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik
• Geisteswissenschaften Philosophie Ethik, Moralphilosophie
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsphilosophie, Rechtsethik

Inhaltsverzeichnis

Acknowledgments IX

Introduction 3

I. The Received View of the Trial 10

II. The Trial's Linguistic Practices 34

III. The Trial's Constitutive Rules 73

IV. An Interpretation from One Trial 103

V. The Trial's Most Basic Features and Some Observed Consequences 124

VI. Thinking What We Do 155

VII. The Two Sides of the Trial Event 183

VIII. The Truth of Verdicts 220