
Rhetorical Processes and Legal Judgments
How Language and Arguments Shape Struggles for Rights and Power
- English
- PDF
- Available on iOS & Android
Rhetorical Processes and Legal Judgments
How Language and Arguments Shape Struggles for Rights and Power
About this book
Over the last several decades legal scholars have plumbed law's rhetorical life. Scholars have done so under various rubrics, with law and literature being among the most fruitful venues for the exploration of law's rhetoric and the way rhetoric shapes law. Today, new approaches are shaping this exploration. Among the most important of these approaches is the turn toward history and toward what might be called an 'embedded' analysis of rhetoric in law. Historical and embedded approaches locate that analysis in particular contexts, seeking to draw our attention to how the rhetorical dimensions of legal life works in those contexts. Rhetorical Processes and Legal Judgments seeks to advance that mode of analysis and also to contribute to the understanding of the rhetorical structure of judicial arguments and opinions.
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Table of contents
- Cover
- Half-title page
- Title page
- Copyright page
- Dedication
- Contents
- List of figures
- List of contributors
- Acknowledgments
- The relevance of rhetoric: an introduction
- 1 From “equality before the law” to “separate but equal”: legal rhetoric, legal history, and Roberts v. Boston (1849)
- 2 “The civilizing hand of law”: defending the legal process in the civil rights era
- 3 The evolving rhetoric of the gay rights and same-sex marriage debate
- 4 The rhetoric of precedent
- 5 Alternative conceptions of legal rhetoric: open hand, closed fist
- Afterword: Use your words: rhetoric as absence of law, rhetoric as essence of law
- Index