A Theory of the Trial
(eBook)

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Published
Princeton University Press, 2001.
Status
Available Online

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Format
eBook
Language
English
ISBN
9781400823376

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Citations

APA Citation, 7th Edition (style guide)

Robert P. Burns., & Robert P. Burns|AUTHOR. (2001). A Theory of the Trial . Princeton University Press.

Chicago / Turabian - Author Date Citation, 17th Edition (style guide)

Robert P. Burns and Robert P. Burns|AUTHOR. 2001. A Theory of the Trial. Princeton University Press.

Chicago / Turabian - Humanities (Notes and Bibliography) Citation, 17th Edition (style guide)

Robert P. Burns and Robert P. Burns|AUTHOR. A Theory of the Trial Princeton University Press, 2001.

MLA Citation, 9th Edition (style guide)

Robert P. Burns, and Robert P. Burns|AUTHOR. A Theory of the Trial Princeton University Press, 2001.

Note! Citations contain only title, author, edition, publisher, and year published. Citations should be used as a guideline and should be double checked for accuracy. Citation formats are based on standards as of August 2021.

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Grouped Work ID99d25b27-9dbf-11f2-ffb7-ed3df1d118cc-eng
Full titletheory of the trial
Authorburns robert p
Grouping Categorybook
Last Update2024-01-15 19:08:11PM
Last Indexed2024-05-04 01:29:12AM

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First LoadedMar 20, 2023
Last UsedMar 20, 2023

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    [synopsis] => Robert P. Burns is Professor of Law at Northwestern University School of Law, where he teaches evidence, legal ethics, and procedure. He has practiced law for twenty-five years and has published widely in law journals and reviews. 
	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. "Burns makes an original contribution by drawing on his own experience to show lawyers drafting opening statements and otherwise shaping and dramatizing their courtroom performances." "This book is at once a treatise on legal procedure, on the philosophy of the social sciences, on political theory, and on the trial as linguistic and cultural artifact. I know of no other book that does what this one does, and I enthusiastically recommend it to readers in the field of law and in the humanities."-David Luban, Georgetown University "Robert Burns's core argument is elegantly simple: the trial is a performance. In exploring the hybrid discourse of the trial, he leads the reader on an engaging journey into this singular type of public performance.... Burns has written a wonderful book."-Milner S. Ball, Georgia Law School
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