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people schooled in law or science and, therefore, inclined to think that evidence andlogic are tools of persuasion. In fact, for most people, they aren’t.In the 17 th century, Sir Edward Coke asserted that, “Reason is the life of the law.” 1Inthe 19 th century, Coke’s assertion was qualified by Oliver Wendell Holmes, Jr.: “The lifeof the law has not been logic; it has been experience….” 2Today, neurosciencesuggests the life of the law is neither logic nor experience, but is essentially tribalempathy and antipathy. That means success in court depends principally on making anemotional connection with jurors and judges and on telling a compelling story that drawsthe jury into the litigant’s tribe.I. A World Divided – Them v. UsWe are pre-wired, if not hard-wired, to be tribal. 3“[O]ur ancestors faced the adaptivechallenge of forming and maintaining coalitions that could fend off challenges andattacks from rival groups. We are the descendants of successful tribalists, not theirmore individualistic cousins.” 4“Back in the days of our ancestors, membership of groupconstituted the very first life insurance policy. And, boy, did we need one. We’ve beenrenewing that ancient premium ever since.” 51 E Coke, Commentary Upon Littleton 97b (1628).2 Oliver Wendell Holmes, Jr., The Common Law (1881).3 Jonathan Haidt, The Righteous Mind: Why Good People Are Divided by Politics and Religion 152(2012).4 Id. at 163.5 Kevin Dutton, Split-Second Persuasion: The Ancient Art & New Science of Changing Minds 87 (2011).3