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Fragile Performances: The Dialogics of Judgment in A Theory of the Trial

Published online by Cambridge University Press:  27 December 2018

Extract

Robert Burns's A Theory of the Trial offers a fresh, subtle, and erudite analysis of the Anglo American trial, one that subjects the insights of current scholarship on trials (both legal and sociolegal) to the rigors of a philosophically trained mind long-steeped in trial practice. At once wide ranging and tightly focused, the richness of this book lies in the seriousness with which Burns offers a “careful, attentive description, ideally without presuppositions, of what we actually do” in order to identify the “spirit” of the trial as a human practice (Burns 1999, 4). Like Poe's hero Dupin in “The Purloined Letter,” who recovers a stolen letter slyly “hidden” out in the open in a barely disguised envelope, Burns looks with a discerning eye beyond the “received view” of the trial as a forum for actualizing the rule of law in the context of specific factual disputes (Burns 1999, 11), and suggests that the essence of the trial lies in its linguistic practices—an essence that, as Poe puts it, “escape[s] observation by dint of being excessively obvious” (1984,694).

Type
Review Symposium on Robert Burns's A Theory of the Trial
Copyright
Copyright © American Bar Foundation, 2003 

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References

Austin, J. L. 1962. How To Do Things with Words. Cambridge, Mass.: Harvard University Press.Google Scholar
Bakhtin, Mikhail. 1981. The Dialogic Imagination: Four Essays, ed. Michael, Holquist, trans. Caryl Emerson and Michael Holquist. Austin: University of Texas Press.Google Scholar
Bakhtin, Mikhail. 1986. Speech Genres and Other Late Essays, ed. Caryl, Emerson and Michael, Holquist, trans. Vern McGee. Austin: University of Texas Press.Google Scholar
Burns, Robert P. 1999. A Theory of the Trial. Princeton, N. J.: Princeton University Press.Google Scholar
Gewirtz, Paul. 1996. Victims and Voyeurs: Two Narrative Problems at the Criminal Trial. In Law's Stories: Narrative and Rhetoric in the Law, ed. Peter, Brooks and Paul, Gewirtz. New Haven, Conn.: Yale University Press.Google Scholar
Holquist, Michael. 1999. Otherness: Polyphony, Dialogue. In Critical Essays on Mikhail Bakhtin, ed. Caryl, Emerson. New York: G. K. Hall.Google Scholar
Morrison, Toni, and Claudia, Brodsky Lacour. 1997. Birth of a Nation'hood: Gaze, Script, and Spectucle in the O. J. Simpson Case. New York: Pantheon Books.Google Scholar
Poe, Edgar Allan. 1984. Poetry and Tales. New York: Library of America.Google Scholar
Sherwin, Richard K. 2000. When Law Goes Pop: The Vanishing Line between Law and Popular Culture. Chicago: University of Chicago Press.Google Scholar
Umphrey, Martha Merrill. 1999. The Dialogics of Legal Meaning: Spectacular Trials, the Unwritten Law, and Narratives of Criminal Responsibility. Law and Society Review 33: 393424.Google Scholar