Download or read book Rhetoric and Discourse in Supreme Court Oral Arguments written by Ryan Malphurs and published by Routledge. This book was released on 2013-01-04 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rediscovering Rhetoric written by Justin T. Gleeson and published by Federation Press. This book was released on 2008 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Oral Arguments and Coalition Formation on the U S Supreme Court written by Ryan C. Black and published by University of Michigan Press. This book was released on 2012-10-24 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oral arguments are a key aspect of the Supreme Court's decision-making process
Download or read book Judicial Rhapsodies written by Doug Coulson and published by Amherst College Press. This book was released on 2023-02 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 Readings in Persuasion written by Linda H. Edwards and published by Aspen Publishing. This book was released on 2014-12-09 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative and riveting look at briefs from a highly respected author that can be used a primary text in an advanced legal writing class or as a secondary text in a basic legal writing course. The chapters can be taken in any order. In the first part of the book, individual chapters cover advanced legal writing topics such as rhetoric, voice, emotion, metaphor, and narrative. The second part of the book introduces famous cases, with the story of each case. Chapter introductions provide interesting insights, such as historical context, the story of the case and of the litigation of it, information about the lawyers who wrote the briefs on both sides, what the courts decided, and, where relevant, about what has happened since. Compelling content makes it easy to engage students while photos throughout enliven the text. Features: Highly respected author Flexibility can be used as core text in advanced legal writing with other materials secondary text in a basic legal writing course chapters can be taken in any order High-interest, engaging content Each chapter focuses on important legal writing topics rhetoric voice emotion metaphor narrative Features famous case Chapter introductions with compelling insights historical context the story of the case and its litigation information about the lawyers who wrote the briefs on both sides what the courts decided what has happened since Full-text cases and briefs offered on a companion website Photos that enliven the text
Download or read book Oral Arguments Before the Supreme Court written by Lawrence Wrightsman and published by Oxford University Press. This book was released on 2008-04-16 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of all the steps in the Supreme Court's decision-making process, only one is visible to the public: the oral arguments. By carefully analyzing transcripts of all the oral arguments available to the public, Professor Wrightsman provides empirical answers to a number of questions about the operation of oral arguments. This book provides a model for understanding the dynamics of judicial decision making from an empirical perspective.
Download or read book May it please the court written by Peter H. Irons and published by The New Press. This book was released on 1993 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rhetorical Delivery and Digital Technologies written by Sean Morey and published by Routledge. This book was released on 2015-11-19 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Supreme Court and Appellate Advocacy written by David C. Frederick and published by Thomson West. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mapping Christian Rhetorics written by Michael-John DePalma and published by Routledge. This book was released on 2014-10-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The continued importance of Christian rhetorics in political, social, pedagogical, and civic affairs suggests that such rhetorics not only belong on the map of rhetorical studies, but are indeed essential to the geography of rhetorical studies in the twenty-first century. This collection argues that concerning ourselves with religious rhetorics in general and Christian rhetorics in particular tells us something about rhetoric itself—its boundaries, its characteristics, its functionings. In assembling original research on the intersections of rhetoric and Christianity from prominent and emerging scholars, Mapping Christian Rhetorics seeks to locate religion more centrally within the geography of rhetorical studies in the twenty-first century. It does so by acknowledging work on Christian rhetorics that has been overlooked or ignored; connecting domains of knowledge and research areas pertaining to Christian rhetorics that may remain disconnected or under connected; and charting new avenues of inquiry about Christian rhetorics that might invigorate theory-building, teaching, research, and civic engagement. In dividing the terrain of Christian rhetorics into four categories—theory, education, methodology, and civic engagement—Mapping Christian Rhetorics aims to foster connections among these areas of inquiry and spur future future collaboration between scholars of religious rhetoric in a range of research areas.
Download or read book Rhetorics of Names and Naming written by Star Medzerian Vanguri and published by Routledge. This book was released on 2016-01-29 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume takes up rhetorical approaches to our primarily linguistic understanding of how names work, considering how theories of materiality in rhetoric enrich conceptions of the name as word or symbol and help explain the processes of name bestowal, accumulation, loss, and theft. Contributors theorize the formation, modification, and recontexualization of names as a result of technological and cultural change, and consider the ways in which naming influences identity and affects/grants power.
Download or read book Introduction to Classical Legal Rhetoric written by Michael H. Frost and published by Routledge. This book was released on 2017-03-02 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Discourse Identity and Social Change in the Marriage Equality Debates written by Karen Tracy and published by Oxford University Press. This book was released on 2016-04-15 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Lay Communication written by Chris Heffer and published by Oxford University Press. This book was released on 2013-07-16 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law s Stories written by Peter Brooks and published by Yale University Press. This book was released on 1996-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Download or read book Networked Media Networked Rhetorics written by Damien Smith Pfister and published by Penn State Press. This book was released on 2014-10-24 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
