Texas Wesleyan Law Review
Theory has it that the best evidence-that is to say, the best narrative- determines the result. This theory is rarely questioned. But, what determines the narrative? The capacity of litigants for self-justification is almost limitless. That is why independent witnesses are so important. They are innocent, it is said, of self-justification. True, but only partly true: what about their attentiveness at the time; their powers of observation; their desire for relevance, or importance, or even notoriety; their delight in their day in court; their recall and ability to understand the questions and to give an unexaggerated and accurate account of what they read, saw, or heard. The judge, however, is not confined to these.
The Narrative Compels the Result,
Tex. Wesleyan L. Rev.
Available at: https://doi.org/10.37419/TWLR.V12.I1.14