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30 U.S.F. L. Rev. 1225 (1995-1996)
An Idea is a Greater Monument Than a Cathedral: Deciding How We Know What We Know in Inherit the Wind

handle is hein.journals/usflr30 and id is 1239 raw text is: An Idea Is a Greater Monument Than a Cathedral: Deciding How We Know What We Know in Inherit the Wind By NELL MINOW* HOW DO WE KNOW what we know? How do we decide what is true? These are the questions that are at the heart of the disputes we resolve through the law. The issue may be whether the light was green or red or whether the defendant reasonably believed the gun was loaded or whether the parties signed the contract, but we can only reach these questions by having some agreement about what truth is and how we determine it. (Note that we are so respectful of notions of truth we often put it in quota- tion marks, as I just did, to indicate that the author is not suggesting he or she is presumptuous enough to appear to have decided what the truth is.) Do we listen to our heads or our hearts? Do we believe what we are told, or do we challenge it, asking questions and evaluating the evidence? During some eras in history, trials were determined by tests of faith. Goat entrails were read to answer questions of fact. Those accused of witchery were dunked to see if they would prove their innocence by sinking. But our current system is intended to determine the truth through logic and empiri- cism, even when the issue before the court is one of faith. Two beloved movies with climactic courtroom scenes present this is- sue in ways that help us to understand better the purpose and structure of our real-life courtroom dramas. The two films deal with the theme in sharply contrasting ways. One is a drama, and one a comedy. One is based not just on a real trial, but includes dialogue taken from the real trial tran- scripts. The other is a lighthearted fictional story, almost a fairy tale. Both include consideration of issues like relevance and probity of evidence to help decide the case. One crucial element in common is that in both the decision is strongly, even definitively, influenced by political considera- tions. Both have characters who are confronted with their rigidity, although one is rigidly committed to faith, and one to rationality. But the cases have * J.D., University of Chicago Law School, 1977; B.A. Sarah Lawrence College, 1974. A portion of this article is adapted from NELL MINOW, MOVIE MOM'S GUIDE TO FAMILY FILMS (forthcoming 1997).

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