PrepTest 136 · Section 3 · Passage 2

Storytelling in historical and legal writing

The full passage is in your LawHub copy of PrepTest 136.

Reading the passage

A wants readers to participate, wonder and be surprised. The complaint is that academic history often gives them none of that. It turns human events into formulaic, abstract debates instead of helping people connect with the past emotionally as well as intellectually. Think of the difference between a compelling historical documentary and a class that makes the same events feel lifeless. The subject can be interesting even when the presentation isn't.

We can follow that complaint without stopping at every unfamiliar word. The surrounding criticism makes the negative force of “perniciousness” clear: this approach harms the experience of studying history. The important idea is not a vocabulary definition but what has gone wrong and why the author wants a change.

There is also a pattern of repetition. Historians assign the sort of writing they encountered in graduate school, passing the same habits on to their students. The author isn't saying that history should stop asking intellectual questions. The complaint is that these books address the intellect while losing the human interest that could draw students in.

The second paragraph offers what sounds like progress: historians are rediscovering stories. But look at the conference example. Adding “narrative” to a title is easy; actually telling an engaging story is another matter. The named sessions still discuss narrative in an abstract academic way. The author wants people telling stories that can move audiences to smiles, chills or tears, not just adding a fashionable label to the same kind of work.

A's main point: Historians need more engaging storytelling, but their recent enthusiasm for narrative has largely changed the labels rather than the substance of their writing.

B shifts from historians to lawyers. Writing matters to legal work, so law professors teach it both directly and through the rules they impose throughout the curriculum. Legal writing has particular purposes: it follows a logical path and values consistency rather than surprises, humor or a distinctive personal voice. Those constraints help explain why lawyers tend to write alike.

But B doesn't stop at explaining the constraints. It says lawyers too often write badly. Education, imitation, professional pressures and perceived self-interest reinforce the habit. The proposed corrective is renewed attention to narrative—the link to A's concern.

What would narrative add? Every case involves real people, events, conflicts and feelings. Legal analysis strips that human story away to produce an abstract legal form, and students learn to behave as though the story doesn't exist. It's reasonable to ask how storytelling fits with the need for sound legal analysis. But we shouldn't answer by assuming that stories replace facts. B explicitly describes stories of real events; recognizing their human dimension can coexist with getting the facts right.

The ending is cautious. Narrative language may enter the curriculum without producing an immediate change in how professors teach or lawyers write. That possibility resembles A's complaint about a fashionable label without a substantive transformation. B nevertheless sees value in awareness itself: recognizing what the usual approach leaves out could help correct it, even before the broader habits change.

B's main point: Attention to narrative could help correct legal writing's neglect of the human dimension, even if it initially changes awareness more than teaching or writing practices.

Both writers criticize professional habits and see promise in storytelling. A stresses how little the current fashion has accomplished; B allows that even a modest first step could matter. They share a direction for improvement without promising that a new label will automatically produce better writing.

Questions on this passage

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