Evolution of the Judicial Opinion
eBook - ePub

Evolution of the Judicial Opinion

Institutional and Individual Styles

  1. 301 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

Evolution of the Judicial Opinion

Institutional and Individual Styles

About this book

In this sweeping study of the judicial opinion, William D. Popkin examines how judges' opinions have been presented from the early American Republic to the present. Throughout history, he maintains, judges have presented their opinions within political contexts that involve projecting judicial authority to the external public, yet within a professional legal culture that requires opinions to develop judicial law through particular institutional and individual judicial styles.
Tracing the history of judicial opinion from its roots in English common law, Popkin documents a general shift from unofficially reported oral opinions, to semi-official reports, to the U.S. Supreme Court's adoption in the early nineteenth century of generally unanimous opinions. While this institutional base was firmly established by the twentieth century, Popkin suggests that the modern U.S. judicial opinion has reverted—in some respects—to one in which each judge expresses an individual point of view. Ultimately, he concludes that a shift from an authoritative to a more personal and exploratory individual style of writing opinions is consistent with a more democratic judicial institution.

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Yes, you can access Evolution of the Judicial Opinion by William D. Popkin in PDF and/or ePUB format, as well as other popular books in Law & Law Theory & Practice. We have over one million books available in our catalogue for you to explore.

Information

Publisher
NYU Press
Year
2007
Print ISBN
9780814767269
eBook ISBN
9780814767498
Topic
Law
Index
Law

Table of contents

  1. Cover Page
  2. Title Page
  3. Copyright Page
  4. Dedication
  5. Contents
  6. Introduction
  7. 1 The English Tradition and Its Evolution
  8. 2 The United States Founding: Creation of a Judicial Institution
  9. 3 Institutional Style in the 19th Century: U.S. Supreme Court
  10. 4 Institutional Style in the 19th Century: States
  11. 5 Contemporary United States Practice: Institutional Style
  12. 6 Contemporary United States Practice: Individual Style
  13. Postscript
  14. Appendices
  15. Notes
  16. Index
  17. About the Author
  18. Footnote