Metaphor And Reason In Judicial Opinions

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Metaphor and Reason in Judicial Opinions

Author : Haig A. Bosmajian
Publisher : SIU Press
ISBN 13 : 9780809316120
Total Pages : 262 pages
Book Rating : 4.3/5 (161 download)

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Book Synopsis Metaphor and Reason in Judicial Opinions by : Haig A. Bosmajian

Download or read book Metaphor and Reason in Judicial Opinions written by Haig A. Bosmajian and published by SIU Press. This book was released on 1992 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: To the public, judges handing down judicial decisions present arguments arrived through rational discourse and literal language. Yet, as Judge Richard Posner has pointed out, "Rhetorical power counts for a lot in law. Science, not to mention everyday thought, is influenced by metaphors. Why shouldn’t law be?" Haig Bosmajian examines the crucial role of the trope—metaphors, personifications, metonymies—in argumentation and reveals the surprisingly important place that figurative, nonliteral language holds in judicial decision making. Focusing on the specific genre of the legal opinion, Professor Bosmajian discusses the question of why we have judicial opinions at all and the importance of style in them. He then looks at specific well-known figures of speech such as "the wall of separation" between church and state, justice personified as a female, or the Constitution as "colorblind," explaining why they are not straightforward statements of legal fact but examples of the ways tropes are used in legal language. A useful example can be found in Judge Learned Hand’s response to a 1943 case involving news gathering and monopoly. Hand found the need to protect the public’s right to the "dissemination of news from as many different sources, and with as many different facets and colors possible," an interest "closely akin to, if indeed it is not the same as, the interest protected by the First Amendment; it presupposes that right conclusions are more likely to be gathered out of a multitude of tongues, than through any kind of authoritative selection. To many this is, and always will be folly; but we have staken upon it our all."

Narrative and Metaphor in the Law

Author : Michael Hanne
Publisher : Cambridge University Press
ISBN 13 : 1108422799
Total Pages : 439 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Narrative and Metaphor in the Law by : Michael Hanne

Download or read book Narrative and Metaphor in the Law written by Michael Hanne and published by Cambridge University Press. This book was released on 2018-02-08 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.

Opinion Writing

Author : Ruggero J. Aldisert
Publisher : AuthorHouse
ISBN 13 : 1438982275
Total Pages : 370 pages
Book Rating : 4.4/5 (389 download)

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Book Synopsis Opinion Writing by : Ruggero J. Aldisert

Download or read book Opinion Writing written by Ruggero J. Aldisert and published by AuthorHouse. This book was released on 2009 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on real life experiences where the possibility of the living being able to communicate with the deceased is investigated. The belief in reincarnation and life after death raises a tantalising question: Can the living communicate with the dead? Most churchmen and scientists are sceptical, but many people, including churchmen and scientists, believe such a thing is possible. The belief in the immortal soul is a dogma of Christianity (resurrection), Hinduism (reincarnation or samsara), Islam (Day of Judgement), Judaism (sheol), and the Shona (NyikaDzimu). Moreover, man has been familiar with the concept of life after death since time immemorial. Immortality has been rejected by those who feel its only basis is wishful thinking that when the body dies, the personality dies with it because it is part of the physical body. Believers can cite the resurrection of Jesus, and maintain that since life on earth is not completely fulfilled an afterlife is necessary for completion. Another argument in favour of an afterlife is that since matter and energy may be transformed but not destroyed, neither can personality, which exists just as do the elements in nature, be destroyed. In many of the ancient societies, including Egypt and Greece, dreaming was considered a supernatural communication or a means of divine intervention, whose message could be unravelled by those with certain powers. In modern times, various schools of psychology have offered theories about the meaning of dreams. In Communication with the Deceased is meant to serve only as a basis for reflection in order for the reader to examine all the clues and then derive further meaning from specific circumstances of his/her own dreams. To be able to interpret a dream, one does not need to have an academic degree in psychology. What is important is to use one's instinct and common sense. Try to develop your own personal insights into what the common symbols in your dreams mean. When it comes to dream symbols, there are no equivocally universal rules or meanings. Dreams dictionaries help by providing hints at the meaning of symbols that appear in one's dreams. This book is of value to those studying psychology and those participating

Unpacking the Magic of Metaphor

Author : Christopher Peter Howard
Publisher :
ISBN 13 :
Total Pages : 53 pages
Book Rating : 4.:/5 (988 download)

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Book Synopsis Unpacking the Magic of Metaphor by : Christopher Peter Howard

Download or read book Unpacking the Magic of Metaphor written by Christopher Peter Howard and published by . This book was released on 2002 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Metaphor in Legal Discourse

Author : Inesa Šeškauskienė
Publisher : Cambridge Scholars Publishing
ISBN 13 : 152757864X
Total Pages : 260 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Metaphor in Legal Discourse by : Inesa Šeškauskienė

Download or read book Metaphor in Legal Discourse written by Inesa Šeškauskienė and published by Cambridge Scholars Publishing. This book was released on 2022-02-22 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores different aspects of metaphoricity in legal discourse, from court proceedings and written institutionalised texts to judges’ argumentation and in spoken records, among others. It brings together linguists and law professionals from six different countries to investigate metaphor as a conceptual phenomenon accessible through language and, more specifically, through actual linguistic contexts of use.

Narrative and Metaphor in the Law

Author : Michael Hanne
Publisher : Cambridge University Press
ISBN 13 : 1108395236
Total Pages : 439 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis Narrative and Metaphor in the Law by : Michael Hanne

Download or read book Narrative and Metaphor in the Law written by Michael Hanne and published by Cambridge University Press. This book was released on 2018-02-08 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been recognized that court trials in the common law system, both criminal and civil, operate around pairs of competing narratives told by opposing advocates. In recent years, however, it has increasingly been argued that narrative flows in many directions and through every form of legal theory and practice. Interest in the part played by metaphor in the law, including metaphors for the law, and for many standard concepts in legal practice, has also been strong, though research under the metaphor banner has been much more fragmentary. In this book, for the first time, a distinguished group of legal scholars, collaborating with specialists from cognitive theory, journalism, rhetoric, social psychology, criminology, and legal activism, explore how narrative and metaphor are both vital to the legal process. Together, they examine topics including concepts of law, legal persuasion, human rights law, gender in the law, innovations in legal thinking, legal activism, creative work around the law, and public debate around crime and punishment.

Thomas Jefferson and the Wall of Separation Between Church and State

Author : Daniel Dreisbach
Publisher : NYU Press
ISBN 13 : 0814719368
Total Pages : 295 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Thomas Jefferson and the Wall of Separation Between Church and State by : Daniel Dreisbach

Download or read book Thomas Jefferson and the Wall of Separation Between Church and State written by Daniel Dreisbach and published by NYU Press. This book was released on 2003-10 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: No phrase in American letters has had a more profound influence on church-state law, policy, and discourse than Thomas Jefferson's "wall of separation between church and state," and few metaphors have provoked more passionate debate.

Judicial Rhapsodies

Author : Doug Coulson
Publisher : Amherst College Press
ISBN 13 : 1943208476
Total Pages : 285 pages
Book Rating : 4.9/5 (432 download)

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Book Synopsis Judicial Rhapsodies by : Doug Coulson

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

Lyrics in the Law

Author : Mark W. Klingensmith
Publisher : Rowman & Littlefield
ISBN 13 : 1498594875
Total Pages : 383 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Lyrics in the Law by : Mark W. Klingensmith

Download or read book Lyrics in the Law written by Mark W. Klingensmith and published by Rowman & Littlefield. This book was released on 2019-11-05 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: In addition to citing case law, Judges have traditionally used recognized legal maxims or treatise citations to support their rulings. But today’s judiciary is becoming more apt to use pop culture, modern music, as well as humor in their decisions. This book gives examples of how songs and their lyrics have influenced judges, provided themes for their decisions, and helped make existing law more accessible to lay persons. Mark W. Klingensmith examines the clever ways judges have used them to enhance their judicial writings and how modern day musical lyrics that have effectively become recognized legal maxims by the courts. judicial writings.

The Rule of Metaphor and the Rule of Law

Author : Sze-Man Simone Yeung
Publisher :
ISBN 13 : 9781361239476
Total Pages : pages
Book Rating : 4.2/5 (394 download)

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Book Synopsis The Rule of Metaphor and the Rule of Law by : Sze-Man Simone Yeung

Download or read book The Rule of Metaphor and the Rule of Law written by Sze-Man Simone Yeung and published by . This book was released on 2017-01-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation, "The Rule of Metaphor and the Rule of Law: Critical Metaphor Analysis in Judicial Discourse and Reason" by Sze-man, Simone, Yeung, 楊思敏, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. DOI: 10.5353/th_b4554251 Subjects: Metaphor Law - Language

The Style of Judicial Opinions

Author : Bernard Lloyd Shientag
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis The Style of Judicial Opinions by : Bernard Lloyd Shientag

Download or read book The Style of Judicial Opinions written by Bernard Lloyd Shientag and published by . This book was released on 1944 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Hollow Hope

Author : Gerald N. Rosenberg
Publisher : University of Chicago Press
ISBN 13 : 0226726681
Total Pages : 541 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Hollow Hope by : Gerald N. Rosenberg

Download or read book The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

Imaginary Judicial Opinions

Author : Irving Younger
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Imaginary Judicial Opinions by : Irving Younger

Download or read book Imaginary Judicial Opinions written by Irving Younger and published by . This book was released on 1989 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Readings in Persuasion

Author : Linda H. Edwards
Publisher : Aspen Publishing
ISBN 13 : 145482154X
Total Pages : 485 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Readings in Persuasion by : Linda H. Edwards

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

Introduction to Classical Legal Rhetoric

Author : Michael H. Frost
Publisher : Routledge
ISBN 13 : 1351926322
Total Pages : 200 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Introduction to Classical Legal Rhetoric by : Michael H. Frost

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.

Advanced Legal Writing

Author : Michael R. Smith
Publisher : Aspen Publishing
ISBN 13 : 1454819170
Total Pages : 713 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Advanced Legal Writing by : Michael R. Smith

Download or read book Advanced Legal Writing written by Michael R. Smith and published by Aspen Publishing. This book was released on 2014-11-12 with total page 713 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a practical focus on persuasive writing strategies, Advanced Legal Writing: Theory and Strategies in Persuasive Writing explores three classical techniques: logos, pathos, and ethos, and provides students with a thorough introduction to the elements of rhetorical style. Unlike many other advanced legal writing texts, which tend to focus on a document-specific approach, this unique coursebook focuses on classical writing strategies that students can apply to a wide range of settings. The depth and scope of this text make it appropriate for upper-level legal writing courses. The Third Edition has been expanded to include the use of movies and other popular culture media in chapters dealing with literary references. There have also been substantial revisions to the chapter on policy. Features: Comprehensive coverage of the technical aspects of rhetorical style: metaphor, literary allusion, and figures of speech. Emphasizes theory as well as practice, building on three basic strategies of persuasive legal writing: Logos: Logic and rational argument. o Pathos: Value-based argument. Ethos: Establishing credibility. Highlights interdisciplinary contributions to persuasive writing from diverse fields, including cognitive psychology, classical rhetoric, and morality theory. Presents effective strategies that extend beyond the trial or appellate brief to a broad range of documents and settings. Covers new developments in cognitive psychology, pathos, persuasion, and the role of metaphor in persuasive legal writing. Depth and scope appropriate for upper-level legal writing classes. Thoroughly updated, the revised Third Edition offers: Substantial revisions to the chapter on policy. Expanded chapters on literary references now include other media, e.g., movies and other pop culture platforms.

In the Opinion of the Court

Author : William Domnarski
Publisher : University of Illinois Press
ISBN 13 : 9780252065569
Total Pages : 204 pages
Book Rating : 4.0/5 (655 download)

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Book Synopsis In the Opinion of the Court by : William Domnarski

Download or read book In the Opinion of the Court written by William Domnarski and published by University of Illinois Press. This book was released on 1996 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.