
The Rhetoric of Judging Well
The Conflicted Legacy of Justice Anthony M. Kennedy
- English
- ePUB (mobile friendly)
- Available on iOS & Android
The Rhetoric of Judging Well
The Conflicted Legacy of Justice Anthony M. Kennedy
About this book
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.
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Information
Table of contents
- Cover
- Title Page
- Copyright
- Dedication
- Contents
- Acknowledgments
- Introduction
- Part 1: Judgment in Classical Rhetoric
- Part 2: Judgment in Stasis Theory
- Part 3: Judgment in Contemporary Rhetorical Theory
- Part 4: Judgment and Justice Kennedy’s Ethos
- Part 5: Justice Kennedy’s Misjudgments: Women, Race, and Immigrants
- Part 6: Assessment
- List of Contributors
- Index of Cases
- Index of Names and Subjects