Rhetoric And Discourse In Supreme Court Oral Arguments

Author : Ryan Malphurs
Publisher : Routledge
Page : 248 pages
File Size : 42,6 Mb
Release : 2013-01-04
Category : Language Arts & Disciplines
ISBN : 9781136182297

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Rhetoric and Discourse in Supreme Court Oral Arguments by Ryan Malphurs Pdf

While legal scholars, psychologists, and political scientists commonly voice their skepticism over the influence oral arguments have on the Court’s voting pattern, this book offers a contrarian position focused on close scrutiny of the justices’ communication within oral arguments. Malphurs examines the rhetoric, discourse, and subsequent decision-making within the oral arguments for significant Supreme Court cases, visiting their potential power and danger and revealing the rich dynamic nature of the justices’ interactions among themselves and the advocates. In addition to offering advancements in scholars’ understanding of oral arguments, this study introduces Sensemaking as an alternative to rational decision-making in Supreme Court arguments, suggesting a new model of judicial decision-making to account for the communication within oral arguments that underscores a glaring irony surrounding the bulk of related research—the willingness of scholars to criticize oral arguments but their unwillingness to study this communication. With the growing accessibility of the Court’s oral arguments and the inevitable introduction of television cameras in the courtroom, this book offers new theoretical and methodological perspectives at a time when scholars across the fields of communication, law, psychology, and political science will direct even greater attention and scrutiny toward the Supreme Court.

Author : Justin T. Gleeson,Ruth C. A. Higgins
Publisher : Federation Press
Page : 328 pages
File Size : 49,9 Mb
Release : 2008
Category : Law
ISBN : 186287705X

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Rediscovering Rhetoric by Justin T. Gleeson,Ruth C. A. Higgins Pdf

Rhetoric is ubiquitous in modern discourse: from arguments delivered in the High Court, to advertisements disseminated in the high street. For the legal and political advocate, persuasion is also a professional technique that must be perfected properly to practise each art. In contrast with the classical era and the middle ages, in which grammar, rhetoric and dialectic were basic features of all education, modern curricula almost entirely neglect any theoretical study of the methods of rhetoric. Rediscovering Rhetoric re-introduces to modern practitioners and students a grasp of the speeches, writings and methodologies of the great classical scholars of rhetoric. Part 1 - Law and Language in the Greco-Roman Tradition provides a contextualised introduction to significant theorists of rhetoric in the classical period, and consists of four chapters written by practising barristers and a current Justice of the Federal Court of Australia. Part 2 - The Practice of Persuasion comprises essays by practitioners distinguished in their pursuit of legal persuasion - one former and two current Justices of the High Court of Australia - illuminating their experiences of argument from the perspective of both bench and bar. Part 3 - The Politics of Persuasion performs a similar function to Part 2, in the related domain of politics. It includes a chapter by Graham Freudenberg, former speechwriter for Gough Whitlam and others. Together the three parts provide a unique inter-disciplinary perspective on the theory and practice of legal and political persuasion. Published in association with the NSW Bar Association.

Author : Sean Morey
Publisher : Routledge
Page : 266 pages
File Size : 46,8 Mb
Release : 2015-11-19
Category : Language Arts & Disciplines
ISBN : 9781317407096

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Rhetorical Delivery and Digital Technologies by Sean Morey Pdf

This book theorizes digital logics and applications for the rhetorical canon of delivery. Digital writing technologies invite a re-evaluation about what delivery can offer to rhetorical studies and writing practices. Sean Morey argues that what delivery provides is access to the unspeakable, unconscious elements of rhetoric, not primarily through emotion or feeling as is usually offered by previous studies, but affect, a domain of sensation implicit in the (overlooked) original Greek term for delivery, hypokrisis. Moreover, the primary means for delivering affect is both the logic and technology of a network, construed as modern, digital networks, but also networks of associations between humans and nonhuman objects. Casting delivery in this light offers new rhetorical trajectories that promote its incorporation into digital networked-bodies. Given its provocative and broad reframing of delivery, this book provides original, robust ways to understand rhetorical delivery not only through a lens of digital writing technologies, but all historical means of enacting delivery, offering implications that will ultimately affect how scholars of rhetoric will come to view not only the other canons of rhetoric, but rhetoric as a whole.

Author : Karen Tracy
Publisher : Oxford University Press
Page : 232 pages
File Size : 49,8 Mb
Release : 2016-04-15
Category : Law
ISBN : 9780190625412

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Discourse, Identity, and Social Change in the Marriage Equality Debates by Karen Tracy Pdf

Karen Tracy examines the identity-work of judges and attorneys in state supreme courts as they debated the legality of existing marriage laws. Exchanges in state appellate courts are juxtaposed with the talk that occurred between citizens and elected officials in legislative hearings considering whether to revise state marriage laws. The book's analysis spans ten years, beginning with the U.S. Supreme Court's overturning of sodomy laws in 2003 and ending in 2013 when the U.S. Supreme Court declared the federal government's Defense of Marriage Act (DOMA) unconstitutional, and it particularly focuses on how social change was accomplished through and reflected in these law-making and law-interpreting discourses. Focal materials are the eight cases about same-sex marriage and civil unions that were argued in state supreme courts between 2005 and 2009, and six of a larger number of hearings that occurred in state judicial committees considering bills regarding who should be able to marry. Tracy concludes with analysis of the 2011 Senate Judiciary Committee Hearing on DOMA, comparing it to the initial 1996 hearing and to the 2013 Supreme Court oral argument about it. The book shows that social change occurred as the public discourse that treated sexual orientation as a "lifestyle" was replaced with a public discourse of gays and lesbians as a legitimate category of citizen.

Author : Chris Heffer,Frances Rock,John Conley
Publisher : Oxford University Press
Page : 352 pages
File Size : 41,7 Mb
Release : 2013-07-16
Category : Language Arts & Disciplines
ISBN : 9780199359202

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Legal-Lay Communication by Chris Heffer,Frances Rock,John Conley Pdf

This volume responds to a growing interest in the language of legal settings by situating the study of language and law within contemporary theoretical debates in discourse studies, linguistic anthropology, and sociolinguistics. The chapters in the collection explore many of the common occasions when those acting on behalf of the legal system, such as the police, lawyers and judges, interact with those coming into contact with the legal system, such as suspects and witnesses. However the chapters do this work through the conceptual lens of 'textual travel', or the way that texts move across space and time and are transformed along the way. Collectively, notions of textual travel shed new light on the ways in which texts can influence, and are influenced by, social and legal life. With contributions from leading experts in language and law, Legal-Lay Communication explores such 'textual travel' themes as the mediating role of technologies in the investigatory stages of the legal process, the centrality of intertextuality in the legal construction of cases in court, the transformative effects of recontextualization in processes of judicial decision-making, and the way that processes of textual travel disturb the apparent permanence of legal categorization. The book challenges both the notion of legal text as a static repository of meaning and the very idea of legal-lay or lay-legal communication.

Author : Michael H. Frost
Publisher : Routledge
Page : 200 pages
File Size : 53,7 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351926324

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Introduction to Classical Legal Rhetoric by Michael H. Frost Pdf

Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern theories on the topic. Beginning with Aristotle's Rhetoric and culminating with Cicero's De Oratore and Quintilian's Institutio Oratoria, Greek and Roman rhetoricians created a clear, experience-based theoretical framework for analyzing legal discourse. This book is the first to systematically examine the connections between classical rhetoric and modern legal discourse. It traces the history of legal rhetoric from the classical period to the present day and shows how modern theorists have unknowingly benefited from the classical works. It also applies classical rhetorical principles to modern appellate briefs and judicial opinions to demonstrate how a greater familiarity with the classical sources can deepen our understanding of legal reasoning.

Author : Gail E. Hawisher,Cynthia L. Selfe
Publisher : Unknown
Page : 248 pages
File Size : 43,5 Mb
Release : 1993
Category : Education
ISBN : UCSC:32106010125448

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CCCC Bibliography of Composition and Rhetoric 1991 by Gail E. Hawisher,Cynthia L. Selfe Pdf

The CCCC Bibliography of Composition and Rhetoric, published for the Conference on College Composition and Communication, offers teachers and researchers an annual classified listing of scholarship on written English and its teaching at the college level. The 1991 volume lists and annotates 1,925 articles, books, dissertations, and papers that, with few exceptions, were published during the 1991 calendar year. A group of 171 contributing bibliographers prepared the citations and annotations for the entries appearing in this volume. The CCCC Bibliography includes an index of authors and editors, a subject index, and entries cross-referenced according to subject matter. Considerably more comprehensive than other bibliographies in composition studies, the CCCC Bibliography of Composition and Rhetoric draws upon a large group of experts in the field to aid teachers and researchers in sorting through a vast body of interdisciplinary material, making their work easier and more effective. Annotations accompany all entries in this volume. They describe a publication’s contents and are intended to help users determine its usefulness. Annotations are brief and, insofar as the English language allows, are meant to be descriptive, not evaluative—they explain what an entry is about while leaving readers free to judge for themselves the work’s merits. Most annotations serve one of three functions: they present the document’s thesis, main argument, or major research finding; they describe the work’s major organizational divisions; or they indicate the purpose or scope of the work. The subject index lists most of the topics discussed in the works cited in this volume. Consulting the Subject Index will help users locate sections and subsections containing large numbers of entries addressing the same topic. Each document is cited and annotated only once under one of the five major sections of the CCCC Bibliography. Each entry, however, receives an "entry number" so that cross-references to other sections are possible. This feature is especially useful because much scholarship in composition and rhetoric is interdisciplinary in nature. Cross-references appear as a listing of entry numbers, preceded by "See also," found at the end of each subsection. Entries appear under five major categories: bibliographies and checklists; theory and research; teacher education, administration, and social roles; curriculum; and testing, measurement, and evaluation. Although the CCCC Bibliography excludes master’s theses, textbooks, computer software, and book reviews from its coverage, it furnishes citations to review essays, articles appearing in some 220 journals, scholarly monographs and essay collections, dissertations abstracted in Dissertation Abstracts International, and selected documents and conference materials available through ERIC.

Author : Jessica Lee Reyman
Publisher : Unknown
Page : 404 pages
File Size : 53,5 Mb
Release : 2006
Category : Copyright
ISBN : MINN:31951P010082451

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Rhetoric, Law, and the Regulation of Intellectual Property on Peer-to-peer Networks by Jessica Lee Reyman Pdf

Author : Damien Smith Pfister
Publisher : Penn State Press
Page : 265 pages
File Size : 40,7 Mb
Release : 2014-10-24
Category : Language Arts & Disciplines
ISBN : 9780271065946

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Networked Media, Networked Rhetorics by Damien Smith Pfister Pdf

In Networked Media, Networked Rhetorics, Damien Pfister explores communicative practices in networked media environments, analyzing, in particular, how the blogosphere has changed the conduct and coverage of public debate. Pfister shows how the late modern imaginary was susceptible to “deliberation traps” related to invention, emotion, and expertise, and how bloggers have played a role in helping contemporary public deliberation evade these traps. Three case studies at the heart of Networked Media, Networked Rhetorics show how new intermediaries, including bloggers, generate publicity, solidarity, and translation in the networked public sphere. Bloggers “flooding the zone” in the wake of Trent Lott’s controversial toast to Strom Thurmond in 2002 demonstrated their ability to invent and circulate novel arguments; the pre-2003 invasion reports from the “Baghdad blogger” illustrated how solidarity is built through affective connections; and the science blog RealClimate continues to serve as a rapid-response site for the translation of expert claims for public audiences. Networked Media, Networked Rhetorics concludes with a bold outline for rhetorical studies after the internet.

Author : Peter Brooks,Paul Gewirtz
Publisher : Yale University Press
Page : 316 pages
File Size : 42,7 Mb
Release : 1996-01-01
Category : Law
ISBN : 0300146299

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Law's Stories by Peter Brooks,Paul Gewirtz Pdf

The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically.This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality?Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg.

Author : Aristotle
Publisher : Arcturus Publishing
Page : 293 pages
File Size : 55,5 Mb
Release : 2020-10-16
Category : Philosophy
ISBN : 9781398805811

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The Art of Rhetoric by Aristotle Pdf

'Moral character, so to say, constitutes the most effective means of proof.' In ancient Greece, rhetoric was at the centre of public life. Many writers attempted to provide manuals to help improve debating skills, but it was not until Aristotle produced The Art of Rhetoric in the 4th century bc that the subject had a true masterpiece. As he considered the role of emotion, reason, and morality in speech, Aristotle created essential guidelines for argument and prose style that would influence writers for more than two millennia. Brilliantly explained and carefully reasoned, The Art of Rhetoric remains as relevant today as it was in the assemblies of ancient Athens.

Author : Anonim
Publisher : Unknown
Page : 1180 pages
File Size : 47,7 Mb
Release : 1970
Category : Dissertations, Academic
ISBN : MINN:31951D00323047H

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Dissertation Abstracts International by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 244 pages
File Size : 53,8 Mb
Release : 1991
Category : Forensics (Public speaking)
ISBN : UOM:39015067503030

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Argumentation and Advocacy by Anonim Pdf

Author : Esther Pascual Olivé
Publisher : Unknown
Page : 320 pages
File Size : 42,8 Mb
Release : 2002
Category : Communication in law
ISBN : STANFORD:36105112532655

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Imaginary Trialogues by Esther Pascual Olivé Pdf

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 52,7 Mb
Release : 1970
Category : Electronic
ISBN : 8210379456XXX

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QUARTERLY JOURNAL OF SPEECH FEBRUARY 1970 Volume LVI Number 1 by Anonim Pdf