Download or read book Legal Memories and Amnesias in America s Rhetorical Culture written by Marouf Arif Hasian and published by Routledge. This book was released on 2023-06-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how such issues as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how issues such as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. The author builds on critical race theory, feminist studies of the law, and critical legal studies, and he uses a case study framework that covers topics such as Sarah Roberts and the separate but equal doctrine, John Brown's enactment of natural law at Harper's Ferry, Typhoid Mary Mallon, the Holocaust, Susan Smith, the human genome project, and Rosewood. All of the aforementioned are tied together by an introduction that clearly delineates the basic theoretical stance of the book. Without a doubt, the subject of this book is provocative, timely, and timeless.
Download or read book Legal Memories And Amnesias In America s Rhetorical Culture written by Marouf Arif Hasian and published by Routledge. This book was released on 2021-11-28 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how such issues as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how issues such as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. The author builds on critical race theory, feminist studies of the law, and critical legal studies, and he uses a case study framework that covers topics such as Sarah Roberts and the separate but equal doctrine, John Brown's enactment of natural law at Harper's Ferry, Typhoid Mary Mallon, the Holocaust, Susan Smith, the human genome project, and Rosewood. All of the aforementioned are tied together by an introduction that clearly delineates the basic theoretical stance of the book. Without a doubt, the subject of this book is provocative, timely, and timeless.
Download or read book Intersections of Law and Memory written by Mirosław Michał Sadowski and published by Taylor & Francis. This book was released on 2024-03-12 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of ‘legal institutions of memory’. It then elaborates the functioning of such institutions through a range of examples – taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland – that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics.
Download or read book Race Nation and Refuge written by Doug Coulson and published by SUNY Press. This book was released on 2017-01-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the role of rhetoric and the racial classification of Asian American immigrants in the early twentieth century. From 1870 to 1940, racial eligibility for naturalization in the United States was limited to free white persons and aliens of African nativity and persons of African descent, and many interpreted these restrictions to reflect a policy of Asian exclusion based on the conclusion that Asians were neither white nor African. Because the distinction between white and Asian was considerably unstable, however, those charged with the interpretation and implementation of the naturalization act faced difficult racial classification questions. Through archival research and a close reading of the arguments contained in the documents of the US Bureau of Naturalization, especially those documents that discussed challenges to racial eligibility for naturalization, Doug Coulson demonstrates that the strategy of foregrounding shared external threats to the nation as a means of transcending perceived racial divisions was often more important to racial classification than legal doctrine. He argues that this was due to the rapid shifts in the nations enmities and alliances during the early twentieth century and the close relationship between race, nation, and sovereignty.
Download or read book Judicial Rhapsodies written by Doug Coulson and published by Amherst College Press. This book was released on 2023-02-28 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: All judges legitimize their decisions in writing, but US Supreme Court justices depend on public acceptance to a unique degree. Previous studies of judicial opinions have explored rhetorical strategies that produce legitimacy, but none have examined the laudatory, even operatic, forms of writing Supreme Court justices have used to justify fundamental rights decisions. Doug Coulson demonstrates that such “judicial rhapsodies” are not an aberration but a central feature of judicial discourse. First examining the classical origins of divisions between law and rhetoric, Coulson tracks what he calls an epideictic register—highly affective forms of expression that utilize hyperbole, amplification, and vocabularies of praise—through a surprising number of landmark Supreme Court opinions. Judicial Rhapsodies recovers and revalues these instances as significant to establishing and maintaining shared perspectives that form the basis for common experience and cooperation. “Judicial Rhapsodies is both compelling and important. Coulson brings his well-developed knowledge of rhetoric to bear on one of the most central (and most democratically fraught) means of governance in the United States: the Supreme Court opinion. He demonstrates that the epideictic, far from being a dispensable or detestable element of judicial rhetoric, is an essential feature of how the Court operates and seeks to persuade.” —Keith Bybee, Syracuse University
Download or read book Classical Rhetoric and Contemporary Law written by Kirsten K. Davis and published by University of Alabama Press. This book was released on 2024 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Download or read book The SAGE Handbook of Rhetorical Studies written by Andrea A. Lunsford and published by SAGE Publications. This book was released on 2008-10-29 with total page 713 pages. Available in PDF, EPUB and Kindle. Book excerpt: The SAGE Handbook of Rhetorical Studies surveys the latest advances in rhetorical scholarship, synthesizing theories and practices across major areas of study in the field and pointing the way for future studies. Edited by Andrea A. Lunsford and Associate Editors Kirt H. Wilson and Rosa A. Eberly, the Handbook aims to introduce a new generation of students to rhetorical study and provide a deeply informed and ready resource for scholars currently working in the field.
Download or read book The Rhetorical Invention of Diversity written by M. Kelly Carr and published by MSU Press. This book was released on 2018-05-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the tepid reception of Regents of the University of California v. Bakke in 1978, the Supreme Court has thrice affirmed its holding: universities can use race as an admissions factor to achieve the goal of a diverse student body. This book examines the process of rhetorical invention followed by Justice Lewis F. Powell Jr., his colleagues, and other interlocutors as they sifted through arguments surrounding affirmative action policies to settle on diversity as affirmative action’s best constitutional justification. Here M. Kelly Carr explores the goals, constraints, and argumentative tools of the various parties as they utilized the linguistic resources available to them, including arguments about race, merit, and the role of the public university in civic life. Using public address texts, legal briefs, memoranda, and draft opinions, Carr looks at how public arguments informed the amicus briefs, chambers memos, and legal principles before concluding that Powell’s pragmatic decision making fused the principle of individualism with an appreciation of multiculturalism to accommodate his colleagues’ differing opinions. She argues that Bakke is thus a legal and rhetorical milestone that helped to shift the justificatory grounds of race-conscious policy away from a recognition of historical discrimination and its call for reparative equality, and toward an appreciation of racial diversity.
Download or read book Losing Twice written by Emily M. Calhoun and published by Oxford University Press. This book was released on 2011-03-21 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Given our adversarial system, the way that rights cases are decided means that regardless of whether a losing side has committed any actions that cause harm to others, they typically suffer unnecessary harm as a consequence of decisions. In areas such as affirmative action and gay rights, the losers are essentially punished for losing despite neither intending nor causing injury. In Losing Twice, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers. But for this to happen, Calhoun contends, the role of judges needs to be reconceptualized. She contends that the Court should not perceive itself simply as an adversarial forum, but also as a 'transactional' one, where losers are not simply losers but participants in a process capable of addressing and ameliorating the effects that come with loss. Filled with lucid discussions of well known cases, Losing Twice offers an intellectually powerful argument for transforming the decision-making process in Constitutional rights disputes.
Download or read book Reengaging the Prospect s of Rhetoric written by Mark J. Porrovecchio and published by Routledge. This book was released on 2010-02-25 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reengaging the Prospects of Rhetoric reanimates the debate over the function and scope of rhetoric. Providing a contemporary response to the volume The Prospect of Rhetoric (1971), this volume reconceptualizes that classic work to address the challenges facing the study of rhetoric today. As a standalone text or a supplemental resource for undergraduate and graduate courses in the history, theory, and criticism of rhetoric or contemporary rhetorical theory, it will help to shape rhetoric’s future role in communication studies and will foster interdisciplinary dialogues about the topic.
Download or read book Visualizing Atrocity written by Valerie Hartouni and published by NYU Press. This book was released on 2012-08-20 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking Hannah Arendt's account of the 1961 trial of Nazi official Adolf Eichmann as its point of departure, this book reassesses the myths that shape our understanding of the Nazi genocide as well as totalitarianism's broader features. These myths are tied to the atrocity imagery that emerged with the liberation of the concentration camps and played an evidentiary role in the post-war trials of perpetrators. At the 1945 Nuremberg Tribunal, particular practices of looking were first established, and later institutionalized through Eichmann's trial in Jerusalem as part of the fabric of historical fact. These ways of seeing have come to constitute a visual rhetoric that drives contemporary mythmaking about how we know genocide and what is permitted to count as such. In contrast, Arendt's claims about the "banality of evil" work to disrupt this visual rhetoric.
Download or read book Literary Integrity And Political Action written by Kathleen Farrell and published by Routledge. This book was released on 2019-03-07 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the story of James T. Farrell's role in the debate over the relationship between literature and politics during the 1930s. It is useful for American literary and intellectual history, American Left, and rhetoric and communication scholars interested in political controversy. .
Download or read book Hacking Cyberspace written by David J. Gunkel and published by Routledge. This book was released on 2018-02-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Hacking Cyberspace David J. Gunkel examines the metaphors applied to new technologies, and how those metaphors inform, shape, and drive the implementation of the technology in question. The author explores the metaphorical tropes that have been employed to describe and evaluate recent advances in computer technology, telecommunications systems, and interactive media. Taking the stance that no speech is value-neutral, Gunkel examines such metaphors as "the information superhighway" and "the electronic frontier" for their political and social content, and he develops a critical investigation that not only traces the metaphors' conceptual history, but explicates their implications and consequences for technological development. Through Hacking Cyberspace, David J. Gunkel develops a sophisticated understanding of new technology that takes into account the effect of technoculture's own discursive techniques and maneuvers on the actual form of technological development.
Download or read book Recovering Women written by Melissa Friedling and published by Routledge. This book was released on 2019-06-04 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is dedicated to the memories of Robert Branham, my professor at Bates College, whose teaching, scholarship, and humanity continue to inspire and sustain me, and to my grandma, Dorothy Grosser, whose beauty, spirit, and love are with me all the time. I would also like to thank Leighton Pierce, Franklin Miller, Michael McGee, Lauren Rabinowitz, Doris Witt, Camille Seaman, and Bruce Gronbeck at the University of Iowa for their wisdom, guidance, generosity, and support. I am especially grateful to Barbara Biesecker, my teacher, colleague, and friend, who offered perceptive comments on the manuscript and unfailing encouragement. My appreciation also goes out to the University of Iowa Graduate College, which assisted me with the award of a Seashore Dissertation Year Fellowship. At Syracuse University, I am indebted to Jane Marsching, Doug Dubois, Mark Durant, Jude Lewis, John Orentlicher, Loren Schwerd, and Owen Shapiro for their art, friendship, and constructive advice. Additional thanks go to John Sloop, and Catherine Murphy, Lisa Wigutoff, and Myia Williams at Westview Press.
Download or read book Brown V Board of Education at Fifty written by Clarke Rountree and published by Lexington Books. This book was released on 2004 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Six American communication studies scholars contribute six chapters to the first analysis of the role that rhetoric played in establishing, defending, challenging, and overturning legalized educational segregation by race. Coverage includes a reconstruction of the rhetorical context of Plessy v. Ferguson; the Harlan dissent in Plessy; the NAACP's efforts over 40-plus years to reverse Plessy's support of educational segregation; an analysis of the Brown decision, with particular focus on the controversial use of social scientific evidence; the reaction to the Brown decision in the South; and a comparison of two major Supreme Court decisions implementing Brown. Annotation ̧2004 Book News, Inc., Portland, OR (booknews.com) -- Distributed by Syndetics Solutions, LLC.
Download or read book American Book Publishing Record written by and published by . This book was released on 1988 with total page 1608 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Current Publications in Legal and Related Fields written by and published by . This book was released on 2006 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
