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The past few decades have seen the legal system entering American popular culture like never before, from the media blitzes surrounding high-profile trials to the countless television programs in which judges rule on everyday disputes. What, if anything, does this mean for the legal system itself? According to Richard K. Sherwin, it is a dangerous development—one that threatens to turn law into spectacle, undermining public confidence as legal style and logic begin to resemble advertising and public relations.
- Sales Rank: #1413653 in Books
- Published on: 2002-05
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x .70" w x 6.00" l, .99 pounds
- Binding: Paperback
- 332 pages
Amazon.com Review
Remember the national fascination with the televised Menendez brothers' trial? What about the episode of Law & Order in which the aristocratic Upper East Sider may or may not have pushed his wife into a coma? Oh, wait, that was the Claus von B�low story--which was also made into a movie. This type of reciprocity of law and popular culture is of concern to NYU law professor Richard Sherwin. To Sherwin, the mingling of law and entertainment flattens discourse, occludes real understanding of the law and legal practices, and threatens democracy insofar as the public loses faith in "real law" when it does not conform to the law as seen at home, in popular culture, and on TV.
Sherwin analyzes the cultural and cognitive models at play in the telling and hearing of legal narratives and critiques the tools of meaning-making by looking closely at specific well-known cases and their outcomes. He also examines the use of public relations consultants to spin and provide a seductive coherence to their clients' cases (think of the "impromptu" press conferences on the courthouse steps). When Law Goes Pop is a rich and erudite critique of law as popular culture. It is a call to be alert to the deleterious effects of what another scholar, Doug Reed, has called "the juridico-entertainment complex," and a timely reminder of what is at stake. --J.R.
From Publishers Weekly
In a brilliant analysis of the jury system in our media-saturated age, Sherwin, a former New York City prosecutor and a professor at New York Law School, expertly examines the role of vivid storytelling in successful litigation, while cautioning against misusing that opportunity to seduce or "illicitly persuade" juries. Citing the media circus surrounding the notorious trials of the Menendez brothers and O.J. Simpson, he argues convincingly that an attorney has a professional obligation to function as a brake on popular passions and prejudices in court, not to feed into the tendency to inflame the audience with techniques that the media uses. Otherwise, lawyers risk undermining society's continued trust in the jury system. The seriousness of that risk impels Sherwin to address the complex interpenetration of media, law and culture in our time to such dazzling effect that this book stands not only as a guide for practicing and aspiring attorneys but also to those interested in current challenges to social stability. In a chapter dedicated to the role of Errol Morris's docudrama, The Thin Blue Line, in the release of Randall Dale Adams after he had served 12 years of a murder sentence in Texas, Sherwin illustrates the methods Morris used to question the case and bring new evidence forward. At the same time, he shows the potential for manipulation that Morris's techniques dangle in front of an unethical advocate. As Sherwin moves from a discussion of the storytelling nuances in such films as Lost Highway, Music of Chance and Martin Scorsese's remake of Cape Fear to a plea for attorneys to take responsibility for their court arguments, to make ethical choices in how they present material to juries and to maintain trust in the jury system, discerning readers will see a truly integrative intelligence at work, proposing possible solutions rather than simply bemoaning problems. (June)
Copyright 2000 Reed Business Information, Inc.
From Library Journal
"What images do we share?" asks former New York prosecutor Sherwin (law, New York Law Sch.) in this thoughtful and thought-provoking interdisciplinary study. "What stories do we tell ourselves and others about truth and reason, about law and justice, and about the masked rage of retribution and the hidden flow of illicit desire, or about the contingencies of chance and the necessity of fate, or about the civilizing force of compassion and mercy?" With judges in TV courtrooms resolving real-life conflicts and nightly newscasts blurring into legal docudramas, Sherwin suggests that truth has become a relative concept; juries are swayed by the lawyers who tell the best stories and by the forms in which they are told. When the line between legal and popular culture can no longer be drawn, Sherwin warns, we will be forced "to consider anew the source and efficacy of doing justice through law." Will the present craving for quick and easy (i.e., responsibility-free) gratification continue to dominate our society? The answer, Sherwin concludes, "depends on the kind of culture we accept, or help to construct, or refuse to affirm." Recommended for public and academic libraries.DRobert C. Jones, Central Missouri State Univ., Warrensburg
Copyright 2000 Reed Business Information, Inc.
Most helpful customer reviews
5 of 5 people found the following review helpful.
Much Better as a Reference than as a Read
By wildbill
Professor Richard Sherwin concludes his book with an explicit statement of his thesis, the usual format for mysteries but not for academic studies. If you are a reader who prefers to know where the case studies are headed before reading the case studies, you might do well to read the last chapter first. I hesitate to advise readers to do so, however. Many of Professor Sherwin's analyses of one or a few movies are rich with insight and will inform, enlighten, and even entertain. In contrast, his theoretical contribution (affirmative postmodern theory) is too skimpy to justify a place in my library. Thus, I recommend that readers locate this book in a local library and consult it regarding legal matters in popular culture.
I recommend Mr. Sherwin's analysis of Errol Morris's "The Thin Blue Line." I shall never watch or show that classic without thinking about Professor Sherwin?s gloss thereon. I disagree with his comparison of the older and younger versions of "Cape Fear." I suspected that each of his characterizations of one film might just as easily be asserted about the other, but he held my interest and impelled me to watch both versions again. Mr. Sherwin appears to believe that films of David Lynch and Quentin Tarantino tell us much about theories or institutions of law and law enforcement. I was not convinced but found the argument interesting.
I recommend highly Sherwin's comparison of the "jigsaw puzzle" closing of Marcia Clark and Christopher Darden in the first Simpson trial to the heroic saga narratives favored by Johnnie Cochran and Gerry Spence. Sherwin is especially good at exposing Mr. Spence's skill. Mr. Spence appears to be the shrewd country lawyer whom he plays on television.
I also recommend Sherwin's account of myth making in famous cases of the 19th and 20th centuries, although consideration of landmarks of sensationalism calls into question just when the law began to go "pop."
I recommend that readers skip the numerous lists of questions with which Mr. Sherwin mars his manuscript. I could never be certain where the questions were headed and where I was supposed to the find the answers, if any. Readers should be underwhelmed as well by Mr. Sherwin's generalization from aberrations, including the aforementioned Simpson trial. In these matters, Mr. Sherwin seems to succumb to pop law and to see the world in a sound bite of the erstwhile "Rivera Live."
Most of all, I urge readers to overlook his every attempt to generalize about law and legal institutions from movies. As I have said, Mr. Sherwin's analyses of movies are intriguing. However, getting from the movies analyzed to legal institutions is no minor trick. When Mr. Sherwin would generalize to the legal culture from this or that trend that he claims to see in this or that movie, the reader should indulge his impulse to attend to the movie critique and to ignore the alleged social criticism that, it appears, the author believes his cinematic analyses justify. Mr. Sherwin's methodological justification for this twist on cinematic verity is almost self-satire: "My working assumption is that film, like notorious cases, provides a reasonably reliable indicator of shared, conflicted, and newly emerging beliefs, values, and expectations"(p. 171). With working assumptions such as that, what hypothesis wouldn't work out?
Mr. Sherwin separates postmodern sheep from postmodern goats, but the author's renditions of postmodernism seemed to create multiple Potemkin Villages. The specter of skeptical postmodernism may haunt some in the Western world, but Mr. Sherwin's manifesto will strike most readers as disjointed and overwrought.
9 of 11 people found the following review helpful.
TOUGH SLEDDING
By Kevin Coffee
Law professor Richard Sherwin argues that the law has fallen prey to the representational form of the mass media, television particularly. The law, in its most noted form, the criminal trial, finds that it must present itself like a television drama in order to conduct its business.
This wouldn't be so bad, argues Sherwin, if the law's ability to curb popular passions, objectively search for "truth," maintain the public's faith in the system, and win the battle between legal truth and the public desire for closure all weren't hamstrung in the process.
In these days when most Americans frame their view of the world based on what they see on television, Sherwin's subject is extremely important. The question is whether this book is worth the effort it will require of many readers. And early on, it's hard to know if it is worth all the trouble.
Mainly, Sherwin couches his central argument in the opaque language of literary criticism and legalese. Perhaps this is done for the sake of greater precision. Nevertheless, as a consequence, all but legal and literary scholars will find themselves back on their heels when reading this dense work. Sherwin does, thankfully, buttress the core of his assertions with illustrations from popular trials, movies and television, which allows many readers to better follow his line of reasoning while getting their feet back under them. Still, the case Sherwin's arguing has been argued at least as well elsewhere and with less technical language.
Tough sledding aside, if you enjoy popular culture and hold the law in high regard, then ready a thick dictionary, find a firm chair, get in good light and read Sherwin's book. Only your stamina will determine whether the outcome was really worth the work.
0 of 0 people found the following review helpful.
This book is alright but didn't explain how to analysis a pop culture artifact like it talks about
By Holly
I had to take a Law and Pop Culture class this summer. This book is alright but didn't explain how to analysis a pop culture artifact like it talks about. He just talks about different cases and that is it.
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