Neil Postman on the values of spoken and written expression

"The Judgment of Solomon" by Gustave Doré.
Image credit: Wikimedia Commons

Judges, lawyers and defendants do not regard proverbs or sayings as a relevant response to legal disputes. In this, they are separated from the tribal chief by a media-metaphor. For in a print-based courtroom, where law books, briefs, citations and other written materials define and organize the method of finding the truth, the oral tradition has lost much of its resonance—but not all of it. Testimony is expected to be given orally, on the assumption that the spoken, not the written, word is a truer reflection of the state of mind of a witness. Indeed, in many courtrooms jurors are not permitted to take notes, nor are they given written copies of the judge’s explanation of the law. Jurors are expected to hear the truth, or its opposite, not to read it. Thus, we may say that there is a clash of resonances in our concept of legal truth. On the one hand, there is a residual belief in the power of speech, and speech alone, to carry the truth; on the other hand, there is a much stronger belief in the authenticity of writing and, in particular, printing. This second belief has little tolerance for poetry, proverbs, sayings, parables or any other expressions of oral wisdom. The law is what legislators and judges have written. In our culture, lawyers do not have to be wise; they need to be well briefed.
— Neil Postman in Amusing Ourselves to Death: Public discourse in the age of show business, (New York: Penguin Books, 2006), p. 19. First published (New York: Penguin Books, 1985).