The Circuit

Publication Date

8-2015

Volume

Volume 6

First Page

69

Abstract

This essay renews the debate on the relevance of a literary sensibility to legal practice. Instrumental modalities of legal reasoning inform – and limit – what may count as legal facts. I reference the pattern of high-profile cases at the intersection of race and law enforcement to argue that the strategic description of setting in literary works can provide a model for “creating context” in legal writing.

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