A Theory of the Trial
By (author) Robert P. Burns
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Theory of the Trial by Robert P. Burns
Book DescriptionAnyone 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.
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Book DetailsISBN: 9780691089805
(229mm x 152mm x 13mm)
Imprint: Princeton University Press
Publisher: Princeton University Press
Publish Date: 8-Oct-2001
Country of Publication: United States
Books By Author Robert P. Burns
Kafka's Law, Hardback (September 2014)
Shows how The Trial provides an uncanny lens through which to consider flaws in the American criminal justice system today. The author begins with the story, at once funny and grim, of Josef K, caught in the Law's grip and then crushed by it.
Death of the American Trial, Paperback (May 2011)
Makes an impassioned case for reversing the rapid decline of the trial before we lose one of our public culture's greatest achievements. This title lays out the catastrophic consequences of losing an institution that so perfectly embodies democratic governance.
Business Research Methods and Statistics Using SPSS, Paperback (November 2008)» View all books by Robert P. Burns
A simple, logically sequenced guide to research methods and statistics in business based on SPSS
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Author Biography - Robert P. Burns
Robert P. Burns is Professor of Law at Northwestern University School of Law, where he teachers evidence, legal ethics, and procedure. He has practiced law for twenty-five years and has published widely in law journals and reviews.
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