The management of identities in legal practice

Abstract

Traditional Psychology characterizes personality as a quality which is both individual (each of us is different from all others) and stable (our personalities are fixed). This article examines the degree to which such a conception of human nature is embedded in the legal community, and the degree to which it informs legal arguments designed to win cases in the courts. Advocates use rhetorical strategies which construct, for the parties they represent, identities appropriate to the case they want to win. In courtroom argumentation, advocates try to establish a causal connection between the personality of the accused and her or his actions.