Bird Law

It has been said that cross-examination is the attorney’s opportunity to testify. That is because on cross-examination, lawyers are allowed to ask leading questions. So the lawyer shapes the testimony, and the witness is simply asked to confirm it. The witness doesn’t have a chance to explain himself or expand on his answers; he is simply expected to say “yes” or “no” on cue. And, as any Socratic interlocutor knows–or quickly learns–giving a series of yeses and noes can often lead to an indefensible position. On redirect examination, the other attorney may be able to get out any explanations or expansions needed to rehabilitate the witness, but it may be too late.

Once one recognizes the power that the questioner has, The Raven by Edgar Allan Poe becomes infuriating. The titular fowl answers gives the same one-word answer to every single question. The narrator recognizes almost immediately that the word “nevermore” is the raven’s “only stock and store.” And yet, the narrator still frames every single question to the raven in a way that is guaranteed to disappoint him! Instead of asking questions that call for negative answers, he continually seeks positive answers.

Here are a few places he could have greatly improved his interview with the raven:

Original
Q: [Will I ever] forget the lost Lenore[?]
A: Nevermore.

Improved
Q: Will I continue to be tormented by the loss of Lenore?
A: Nevermore.

Original
Q: Shall [my soul] clasp a sainted maiden whom the angels name Lenore[?]
A: Nevermore.

Improved
Q: Will I remain separated from Lenore?
A: Nevermore.

See? Once the narrator knows the answer that is coming, all he has to do is arrange the question to suit that answer. Instead, things get worse and worse as he keeps asking the wrong questions. And when it is time to rid himself of the bird, he makes the same mistake.

Original
Q: Take thy beak from out my heart and take thy form from off my door!
A: Nevermore.

Improved
Q: Do you plan on staying here long?
A: Nevermore.

It’s almost like the narrator didn’t really want to forget Lenore and be rid of the avian manifestation of his grief.

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Beer of the week: Sorachi Ace – This farmhouse ale from The Brooklyn Brewery is brewed with the somewhat unusual Japanese hybrid hops variety of the same name. The beer is quite light in color and slightly hazy, with a foamy white head that dissipates quickly. The aroma is yeasty and lemony. The beer is crisp and bright, and finishes with a bit of spice and a lingering tartness that hangs in the back of the throat.

Reading of the week: Apology by Plato – Expected The Raven, didn’t you? Well that poem has already been used as a weekly reading, so although it is certainly worth rereading (which can be done here,) I picked Socrates’s cross-examination of Meletus for this week. Nearly two and a half millennia later, this portion of the Apology remains a masterclass in cross-examination.

Question for the week: In what contexts do you carefully frame questions to your advantage?



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