It’s a bit strange for me to be combining the idea of storytelling with that of law. I’ve grown up equating ‘narrative’ with ‘fiction’; something that ultimately isn’t true, despite any ties it may have to the real world. As such I experience a sort of dissonance promoting storytelling in the legal field. But I think, despite my apprehension, narratives have always existed in law. Because stories are created for a purpose. That purpose could very well be to convict or pardon an individual.

As we can see in the readings, a key aspect of storytelling is the creation of empathy. Keen speaks at length about the various forms that can be found in literature, but the one that I think can be most applied here is ambassadorial strategic empathy. It “addresses audiences with the aim of cultivating their empathy…, often with specific appeal for recognition, assistance or justice” (Keen, 2015, pg. 157). It automatically made me create the connection to legal storytelling, not just with the direct reference to justice but also in its nature to draw audiences-perhaps juries-in with tales of woe. Tales that could push people to feel sympathy for a particular individual by reminding them of certain masterplots. This can easily be combined with broadcast strategic empathy, which emphasizes “our common human experiences, feelings, hopes, vulnerabilities” (Keen, 2015, pg. 157). I think nearly every book and movie about law that I’ve seen showcases a defense lawyer utilizing these two forms of empathy when pleading the case of his client, often someone misunderstood. It’s not hard to picture it in real life either. Utell notes also that in “legal cases, stories serve as a springboard for interpretation, resulting in…passing down a ruling” (Utell, 2015, pg. 134). 

I’m still stuck, though, on this path of combining law and narrative, as “real life if more complicated than allowed in fiction” (Utell, 2015, pg. 136). We also need to remember that different people can try to use empathy and narratives in different ways, asking the question: “from whose perspective is this being told?”(Utell, 2015, pg. 152). This is highlighted in the article The Baby in the Well. The author points out that empathy can “betray us when we take it as a moral guide” (Bloom, 2013). I’m aware this is referring to the overarching point of the article. However, I took this to mean that, when others try to use empathy as a means to cause action from the audience, it can be dangerous. The so-called “identifiable victim effect”, even if it is only a reaction within individuals, can be used by storytellers to manipulate the audience (Bloom, 2013). And “the context of the audience matters” as well (Utell, 2015, pg. 157). Brooks has a very strong example here in terms of politics, as liberals may “argue for gun control…by focussing on the victims of gun violence” while “conservatives point to the unarmed victims of crimes” (Brookes, 2013). Aside from utilizing empathy in a morally questionable way, it’s also tricky because, in general, different people “will have different capacities for experiencing empathy” (Utell, 2015, pg. 157).

So, in the end, I’m still skeptical about the practical uses of narrative in law as it relates to the creation of empathy. But I understand that it exists no matter how I feel about it, not just in the legal fields but in others as well. I also know it’s not always a bad thing either. After all, “stories matter. And it is the matter of stories that make us who we are” (Utell, 2015, pg. 158). Empathy matters too. It’s “what makes us human” (Brooks 2013).  

List of current and semi-current events (that I can think of): climate change protests, the refugee crisis, illegal immigration, the #MeToo movement, the #BlackLivesMatter movement, the transgender ban in the military, gun control debates, California wild fires, opioid crisis, vape controversy, the Mueller Report’s release and the push for Trump’s impeachment, abortion debates, legalization of marijuana, the accusations of boy scout leaders, increasing hurricanes like Hurricane Dorian, and the college admissions scandal.

Empathy does have a place, I think, in all of these events. It’s important to consider all sides and understand their beliefs about what’s going on. Being a social work major, it’s difficult for me to say if empathy would actually be the wrong response for any particular thing. I suppose I can understand the view that facts should be the most important thing, particularly with, say, the Mueller Report or the college admissions scandal, because they have certain implications for the rest of society. Or at least, American society. But despite what Brooks believes, I’m not going to be so quick to abandon empathy even if it can have it’s problems. I think we can be critical of it while still advocating for it. I do think it’s vital to creating a more peaceful society.