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Criminal Law

: Crime & Federalism

Abstract v. Concrete Argument

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Oral traditions predominantly consist of sequences of concrete actions.  For example, Havelock (1978) stresses that rather than employing abstract principles, only concrete examples by active agents are included.  Thus Homer has only concrete examples of heroism, wisdom, and justice, not abstract statements -- Rubin, Memory in Oral Traditions at 11.  When telling stories or even writing legal arguments, the focus must be on the concrete rather than the abstract.  People remember the concrete.  If a person cannot remember your argument, how can they be persuaded by it? If I said, "I suffered personal injuries in an accident, and thus couldn't work" would you be moved?  What if I said: "I tried to get out of bed to go to work, but my muscles hurt too much...continue to full post

Full post as published by Crime & Federalism on August 04, 2008 (boomark / email).

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