The Rhetoric Of Judging Well

Author : David A. Frank
Publisher : Penn State Press
ISBN 13 : 0271096144
Total Pages : 295 pages
Book Rating : 4.48/5 ( download)

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Download or read book The Rhetoric of Judging Well written by David A. Frank and published by Penn State Press. This book was released on 2023-03-12 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Publisher : Penn State University Press
ISBN 13 : 9780271094847
Total Pages : 0 pages
Book Rating : 4.42/5 ( download)

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Download or read book The Rhetoric of Judging Well written by David A. Frank and published by Penn State University Press. This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Publisher : Penn State Press
ISBN 13 : 0271096136
Total Pages : 320 pages
Book Rating : 4.31/5 ( download)

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Download or read book The Rhetoric of Judging Well written by David A. Frank and published by Penn State Press. This book was released on 2023-03-12 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Warren Thorngate
Publisher : Psychology Press
ISBN 13 : 1136872566
Total Pages : 198 pages
Book Rating : 4.63/5 ( download)

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Download or read book Judging Merit written by Warren Thorngate and published by Psychology Press. This book was released on 2010-10-18 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merit-based tests and contests have become popular methods for allocating rewards – from trophies to contracts, jobs to grants, admissions to licenses. With origins in jurisprudence, methods of rewarding merit seem fairer than those rewarding political or social connections, bribery, aggression, status, or wealth. Because of this, merit-based competitions are well-suited to the societal belief that people should be rewarded for what they know or do, and not for who they know or are; however, judging merit is rarely an easy task – it is prone to a variety of biases and errors. Small biases and errors, especially in large competitions, can make large differences in who or what is rewarded. It is important, then, to learn how to spot flaws in procedures for judging merit and to correct them when possible. Based on over 20 years of theory and research in human judgment, decision making and social psychology, this unique book brings together for the first time what is known about the processes and problems of judging merit and their consequences. It also provides practical suggestions for increasing the fairness of merit-based competitions, and examines the future and limits of these competitions in society.

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674033833
Total Pages : 399 pages
Book Rating : 4.32/5 ( download)

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Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Clarke Rountree
Publisher : Rhetoric & Public Affairs
ISBN 13 :
Total Pages : 536 pages
Book Rating : 4.29/5 ( download)

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Download or read book Judging the Supreme Court written by Clarke Rountree and published by Rhetoric & Public Affairs. This book was released on 2007 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judging the Supreme Court: Constructions of Motives in Bush v. Gore examines how the U.S. Supreme Court, its defenders, and its critics explained what the majority justices were doing in this case. The decision, which was split 5-4 along conservative-liberal ideological lines, was widely criticized for using weak legal arguments to support ending the recounts of presidential ballots in the state of Florida and, thereby, handing the 2000 U.S. Presidential election to Republican Texas Governor George W. Bush.

Author : Antonin Scalia
Publisher : West Publishing Company
ISBN 13 : 9780314184719
Total Pages : 0 pages
Book Rating : 4.16/5 ( download)

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Download or read book Making Your Case written by Antonin Scalia and published by West Publishing Company. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.

Author : Aristotle
Publisher : Arcturus Publishing
ISBN 13 : 1398805815
Total Pages : 293 pages
Book Rating : 4.11/5 ( download)

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Download or read book The Art of Rhetoric written by Aristotle and published by Arcturus Publishing. This book was released on 2020-10-16 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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 : Francis J. Mootz Iii
Publisher : Routledge
ISBN 13 : 1317107500
Total Pages : 492 pages
Book Rating : 4.07/5 ( download)

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Download or read book Law, Hermeneutics and Rhetoric written by Francis J. Mootz Iii and published by Routledge. This book was released on 2016-04-22 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Rebecca Tiger
Publisher : NYU Press
ISBN 13 : 0814784062
Total Pages : 208 pages
Book Rating : 4.68/5 ( download)

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Download or read book Judging Addicts written by Rebecca Tiger and published by NYU Press. This book was released on 2013 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad.” Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaches, demonstrating that these courts are neither unprecedented nor unique, and that they contain great potential to expand punitive control over drug users. Tiger argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. Judging Addicts presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the U.S. today.