The Rhetoric Of Judging Well

Author : David A. Frank,Francis J. Mootz III
Publisher : Penn State Press
Page : 295 pages
File Size : 50,9 Mb
Release : 2023-03-12
Category : Language Arts & Disciplines
ISBN : 9780271096148

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The Rhetoric of Judging Well by David A. Frank,Francis J. Mootz III Pdf

Known as the “swing justice,” Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy’s legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy’s opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice’s rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots—especially on race, women’s rights, and immigration—but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy’s jurisprudence, this book provides new insight into Kennedy’s legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O’Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.

Author : David A. Frank,Francis J. Mootz III
Publisher : Penn State University Press
Page : 0 pages
File Size : 53,7 Mb
Release : 2023
Category : Judges
ISBN : 0271094842

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The Rhetoric of Judging Well by David A. Frank,Francis J. Mootz III Pdf

Known as the "swing justice," Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy's legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy's opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice's rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots--especially on race, women's rights, and immigration--but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy's jurisprudence, this book provides new insight into Kennedy's legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O'Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.

Author : David A. Frank,Francis J. Mootz III
Publisher : Penn State Press
Page : 320 pages
File Size : 49,6 Mb
Release : 2023-03-12
Category : Language Arts & Disciplines
ISBN : 9780271096131

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The Rhetoric of Judging Well by David A. Frank,Francis J. Mootz III Pdf

Known as the “swing justice,” Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy’s legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy’s opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice’s rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots—especially on race, women’s rights, and immigration—but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy’s jurisprudence, this book provides new insight into Kennedy’s legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O’Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.

Author : Anonim
Publisher : Penn State Press
Page : 169 pages
File Size : 41,9 Mb
Release : 2024-05-31
Category : Electronic
ISBN : 9780271098487

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by Anonim Pdf

Author : Kristian Bjørkdahl
Publisher : Penn State Press
Page : 305 pages
File Size : 40,6 Mb
Release : 2023-11-16
Category : Electronic
ISBN : 9780271097046

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The Problematic Public by Kristian Bjørkdahl Pdf

Author : Steven J. Burton
Publisher : Cambridge University Press
Page : 296 pages
File Size : 54,8 Mb
Release : 1994-11-25
Category : Law
ISBN : 0521477409

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Judging in Good Faith by Steven J. Burton Pdf

This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 399 pages
File Size : 42,5 Mb
Release : 2010-05-01
Category : Law
ISBN : 9780674033832

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How Judges Think by Richard A. Posner Pdf

A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Author : J.J. Drummond,J.G. Hart
Publisher : Springer Science & Business Media
Page : 222 pages
File Size : 53,8 Mb
Release : 2013-12-11
Category : Philosophy
ISBN : 9789400917248

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The Truthful and the Good by J.J. Drummond,J.G. Hart Pdf

lbis volume was occasioned by the desire of its contributors to honor Robert Sokolowski on his sixtieth birthday. The desire first took fonn on the streets of an American metropolis when several of us, while attending a philosophy conference, were bemoaning the lack of passion for doing philosophy as we all conceived it. In this expression of our discontent we all had a common exemplar in mind, someone for whom the passion for "the truthful" and "the good" is embodied in every sentence of his rich writings. Felicitously this very thinker was someone whom we an regard as manifesting in his person and life these same properties which his writings exhibit and pursue as luminous ideals. As a result, John Brough, John Drummond, and I came up with the idea that we hold our own conference and do philosophy as we envisage it and at the same time honor its foremost exemplary practitioner whose sixtieth birthday was the following year. Immediately the idea took wings among the handful ofus and the dreariness of that philosophy congress receded. The first task of thinking of possible speakers was easy. The issue of the venue for our symposium, what I like to call the "Sokofest," had to be decided, as well as the details of its realization.

Author : Aristotle
Publisher : ReadHowYouWant.com
Page : 430 pages
File Size : 46,6 Mb
Release : 2006
Category : Philosophy
ISBN : 9781425000868

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Nicomachean Ethics by Aristotle Pdf

Aristotle's "Nicomachean Ethics" is considered to be one of the most important treatises on ethics ever written. In an incredibly detailed study of virtue and vice in man, Aristotle examines one of the most central themes to man, the nature of goodness itself. In Aristotle's "Nicomachean Ethics," he asserts that virtue is essential to happiness and that man must live in accordance with the "doctrine of the mean" (the balance between excess and deficiency) to achieve such happiness.

Author : Randall Auxier
Publisher : Linus Learning
Page : 128 pages
File Size : 55,6 Mb
Release : 2024-05-31
Category : Education
ISBN : 9781607978800

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Persuasion: The Real Process of Imaginative Thinking by Randall Auxier Pdf

Author : Walter Jost,Wendy Olmsted
Publisher : John Wiley & Sons
Page : 522 pages
File Size : 49,9 Mb
Release : 2008-04-15
Category : Language Arts & Disciplines
ISBN : 9780470999844

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A Companion to Rhetoric and Rhetorical Criticism by Walter Jost,Wendy Olmsted Pdf

A Companion to Rhetoric offers the first major survey in two decades of the field of rhetorical studies and of the practice of rhetorical theory and criticism across a range of disciplines. Assesses rhetoric’s place in the larger intellectual universe. Focuses on the practical side of rhetoric, looking at specific works, problems and figures. Provides examples of rhetoric from ancient times to the present day. Written by leading scholars from a variety of different fields.

Author : Kirsten K. Davis,Brian N. Larson,Kristen K Tiscione,Francis J Mootz
Publisher : University of Alabama Press
Page : 299 pages
File Size : 47,5 Mb
Release : 2024
Category : Language Arts & Disciplines
ISBN : 9780817361396

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Classical Rhetoric and Contemporary Law by Kirsten K. Davis,Brian N. Larson,Kristen K Tiscione,Francis J Mootz Pdf

"From the twin birth of western rhetoric and law in the Greek-speaking world in the first millennium BCE, law and rhetoric were deeply connected in the ancient world. In the modern era of legal practice, the clear connections between law and classical rhetoric have largely been lost to both those trained in the law and those who study rhetoric. This interdisciplinary reader reestablishes those lost connections by pairing primary source materials in classical rhetoric and contemporary law. The chapters in this volume show that ancient rhetorical texts can deepen or disrupt contemporary notions about principles that lie at the root of western legal traditions and return to us our past, making it possible for scholars across several disciplines to build on work accomplished centuries before. Broken into four parts, this volume first covers the historical development of rhetoric. In Part Two, volume editor Mootz and scholar David A. Frank look at rhetorical theorists at "bookends" of an era when classical rhetoric was de-valued as a mode of thought. Mootz discusses the hegemonic wave of Enlightenment epistemology that separated law from rhetoric, and Frank shows that where Cartesian rationality fails in the modern era, the humanistic tradition of rhetoric allows law to respond to the needs of justice. Part Three consists of ten chapters that each (1) introduce a classical rhetorical theorist to the reader, (2) provide an excerpt from a text by that theorist, and then (3) demonstrate the relevance of that work to a contemporary court case. Moving from the Sophists, through Aristotle and Plato and their Greek contemporaries, to the Roman rhetoricians Cicero and Quintilian, and finally, to the early medieval rhetorician, St. Augustine, these reprinted classical texts are contextualized by leading scholars in law, classics, and rhetoric, each with probing discussion questions for readers to engage and interact with the materials rhetorically. This vital resource of primary texts demonstrates how rhetoric illuminates the operation of the legal system and reconnects law to its rhetorical roots. Structured for use by scholars in critical inquiry and well suited for use in graduate or law school courses, Classical Rhetoric and Contemporary Law will be of interest to law, rhetoric, English, and communication scholars, and as an interactive catalyst to examine the ways in which ancient rhetorical theory informs our understanding of law practice today"--

Author : Aristotle
Publisher : Unknown
Page : 368 pages
File Size : 43,6 Mb
Release : 1886
Category : Rhetoric
ISBN : UOM:39015004846237

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The Rhetoric of Aristotle by Aristotle Pdf

Author : Francis J. Mootz Iii
Publisher : Routledge
Page : 492 pages
File Size : 46,7 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317107507

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Law, Hermeneutics and Rhetoric by Francis J. Mootz Iii Pdf

Mootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To "return" to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.

Author : James L. Golden
Publisher : Kendall Hunt
Page : 548 pages
File Size : 50,5 Mb
Release : 2003
Category : Language Arts & Disciplines
ISBN : 0787299677

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The Rhetoric of Western Thought by James L. Golden Pdf