1. What are basic concepts of the feminist legal theories?
2. The trial attorney’s job is to present enough historical evidence to persuade a jury to accept a hypothesis—either there’s sufficient evidence to convict the defendant or there’s not. To do this, lawyers do the same things that historians do. They gather and examine evidence, analyze it, synthesize it, and form opinions. They separate fact from fiction, at least from their own point of view, and they try to persuade the jury what’s true and what’s false. They conduct very sophisticated historical research that uses forensics and other physical and social sciences to support the hypothesis. And, as would a good historian, a good trial attorney can convince people that the obvious isn’t always true, and even that people can’t always trust their own senses and instincts. An effective trial attorney can persuade jurors to take on a new epistemology and to trust the attorney’s interpretation of events. Of course, this is where the power of effective rhetoric pays off. Has anybody here seen the classic Groucho Marx movie Duck Soup? Groucho asks, “Who are you gonna believe, me or your own eyes?”
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