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Ferguson’s theory states that the trial is built upon competitive storytelling, as such:
[T]he competition between stories gives high priority to timeliness in courtrooms storytelling. The most believable story, by definition, will tally with what competing lawyers are always searing for: a contemporary understanding. (86)
Ferguson’s theory continues to claim:
[T]he struggle of attorneys to find the best accounts for their clients turns courtrooms transcripts into excellent barometers of what is said and thought in a culture at any given moment of time… On the other hand, advocates also know that jurors must first recognize the developing contours of a story to accept it, and the perception makes them practical students of preexisting narrative forms...
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