The Rhetoric Of Judging Well

Download The Rhetoric Of Judging Well full books in PDF, epub, and Kindle. Read online The Rhetoric Of Judging Well ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

The Rhetoric of Judging Well

Author : David A. Frank
Publisher : Penn State Press
ISBN 13 : 0271096144
Total Pages : 295 pages
Book Rating : 4.2/5 (71 download)

DOWNLOAD NOW!

Book Synopsis The Rhetoric of Judging Well by : David A. Frank

Download or read book The Rhetoric of Judging Well written by David A. Frank and published by Penn State Press. This book was released on 2023-03-12 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Rhetoric of Judging Well

Author : David A. Frank
Publisher : Penn State University Press
ISBN 13 : 9780271094847
Total Pages : 0 pages
Book Rating : 4.0/5 (948 download)

DOWNLOAD NOW!

Book Synopsis The Rhetoric of Judging Well by : David A. Frank

Download or read book The Rhetoric of Judging Well written by David A. Frank and published by Penn State University Press. This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Rhetoric of Judging Well

Author : David A. Frank
Publisher : Penn State Press
ISBN 13 : 0271096136
Total Pages : 320 pages
Book Rating : 4.2/5 (71 download)

DOWNLOAD NOW!

Book Synopsis The Rhetoric of Judging Well by : David A. Frank

Download or read book The Rhetoric of Judging Well written by David A. Frank and published by Penn State Press. This book was released on 2023-03-12 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Judging Merit

Author : Warren Thorngate
Publisher : Psychology Press
ISBN 13 : 1136872566
Total Pages : 198 pages
Book Rating : 4.1/5 (368 download)

DOWNLOAD NOW!

Book Synopsis Judging Merit by : Warren Thorngate

Download or read book Judging Merit written by Warren Thorngate and published by Psychology Press. This book was released on 2010-10-18 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merit-based tests and contests have become popular methods for allocating rewards – from trophies to contracts, jobs to grants, admissions to licenses. With origins in jurisprudence, methods of rewarding merit seem fairer than those rewarding political or social connections, bribery, aggression, status, or wealth. Because of this, merit-based competitions are well-suited to the societal belief that people should be rewarded for what they know or do, and not for who they know or are; however, judging merit is rarely an easy task – it is prone to a variety of biases and errors. Small biases and errors, especially in large competitions, can make large differences in who or what is rewarded. It is important, then, to learn how to spot flaws in procedures for judging merit and to correct them when possible. Based on over 20 years of theory and research in human judgment, decision making and social psychology, this unique book brings together for the first time what is known about the processes and problems of judging merit and their consequences. It also provides practical suggestions for increasing the fairness of merit-based competitions, and examines the future and limits of these competitions in society.

How Judges Think

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674033833
Total Pages : 399 pages
Book Rating : 4.6/5 (74 download)

DOWNLOAD NOW!

Book Synopsis How Judges Think by : Richard A. Posner

Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Judging the Supreme Court

Author : Clarke Rountree
Publisher : Rhetoric & Public Affairs
ISBN 13 :
Total Pages : 536 pages
Book Rating : 4.3/5 (91 download)

DOWNLOAD NOW!

Book Synopsis Judging the Supreme Court by : Clarke Rountree

Download or read book Judging the Supreme Court written by Clarke Rountree and published by Rhetoric & Public Affairs. This book was released on 2007 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judging the Supreme Court: Constructions of Motives in Bush v. Gore examines how the U.S. Supreme Court, its defenders, and its critics explained what the majority justices were doing in this case. The decision, which was split 5-4 along conservative-liberal ideological lines, was widely criticized for using weak legal arguments to support ending the recounts of presidential ballots in the state of Florida and, thereby, handing the 2000 U.S. Presidential election to Republican Texas Governor George W. Bush.

The Art of Rhetoric

Author : Aristotle
Publisher : Arcturus Publishing
ISBN 13 : 1398805815
Total Pages : 293 pages
Book Rating : 4.3/5 (988 download)

DOWNLOAD NOW!

Book Synopsis The Art of Rhetoric by : Aristotle

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.

Making Your Case

Author : Antonin Scalia
Publisher : West Publishing Company
ISBN 13 : 9780314184719
Total Pages : 0 pages
Book Rating : 4.1/5 (847 download)

DOWNLOAD NOW!

Book Synopsis Making Your Case by : Antonin Scalia

Download or read book Making Your Case written by Antonin Scalia and published by West Publishing Company. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.

Law, Hermeneutics and Rhetoric

Author : Francis J. Mootz Iii
Publisher : Routledge
ISBN 13 : 1317107500
Total Pages : 492 pages
Book Rating : 4.3/5 (171 download)

DOWNLOAD NOW!

Book Synopsis Law, Hermeneutics and Rhetoric by : Francis J. Mootz Iii

Download or read book Law, Hermeneutics and Rhetoric written by Francis J. Mootz Iii and published by Routledge. This book was released on 2016-04-22 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To "return" to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.

Judging Addicts

Author : Rebecca Tiger
Publisher : NYU Press
ISBN 13 : 0814784062
Total Pages : 208 pages
Book Rating : 4.8/5 (147 download)

DOWNLOAD NOW!

Book Synopsis Judging Addicts by : Rebecca Tiger

Download or read book Judging Addicts written by Rebecca Tiger and published by NYU Press. This book was released on 2013 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad.” Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaches, demonstrating that these courts are neither unprecedented nor unique, and that they contain great potential to expand punitive control over drug users. Tiger argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. Judging Addicts presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the U.S. today.

Divergent Paths

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674286030
Total Pages : 432 pages
Book Rating : 4.6/5 (742 download)

DOWNLOAD NOW!

Book Synopsis Divergent Paths by : Richard A. Posner

Download or read book Divergent Paths written by Richard A. Posner and published by Harvard University Press. This book was released on 2016-01-04 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

Justice Scalia

Author : Brian G. Slocum
Publisher : University of Chicago Press
ISBN 13 : 022660182X
Total Pages : 268 pages
Book Rating : 4.2/5 (266 download)

DOWNLOAD NOW!

Book Synopsis Justice Scalia by : Brian G. Slocum

Download or read book Justice Scalia written by Brian G. Slocum and published by University of Chicago Press. This book was released on 2019-03-06 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.

Kant and the Promise of Rhetoric

Author : Scott R. Stroud
Publisher : Penn State Press
ISBN 13 : 0271061111
Total Pages : 288 pages
Book Rating : 4.2/5 (71 download)

DOWNLOAD NOW!

Book Synopsis Kant and the Promise of Rhetoric by : Scott R. Stroud

Download or read book Kant and the Promise of Rhetoric written by Scott R. Stroud and published by Penn State Press. This book was released on 2015-04-21 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immanuel Kant is rarely connected to rhetoric by those who study philosophy or the rhetorical tradition. If anything, Kant is said to see rhetoric as mere manipulation and as not worthy of attention. In Kant and the Promise of Rhetoric, Scott Stroud presents a first-of-its-kind reappraisal of Kant and the role he gives rhetorical practices in his philosophy. By examining the range of terms that Kant employs to discuss various forms of communication, Stroud argues that the general thesis that Kant disparaged rhetoric is untenable. Instead, he offers a more nuanced view of Kant on rhetoric and its relation to moral cultivation. For Kant, certain rhetorical practices in education, religious settings, and public argument become vital tools to move humans toward moral improvement without infringing on their individual autonomy. Through the use of rhetorical means such as examples, religious narratives, symbols, group prayer, and fallibilistic public argument, individuals can persuade other agents to move toward more cultivated states of inner and outer autonomy. For the Kant recovered in this book, rhetoric becomes another part of human activity that can be animated by the value of humanity, and it can serve as a powerful tool to convince agents to embark on the arduous task of moral self-cultivation.

Book History

Author : Ezra Greenspan
Publisher : Penn State Press
ISBN 13 : 9780271018713
Total Pages : 330 pages
Book Rating : 4.0/5 (187 download)

DOWNLOAD NOW!

Book Synopsis Book History by : Ezra Greenspan

Download or read book Book History written by Ezra Greenspan and published by Penn State Press. This book was released on 1998-09-30 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Book History is the annual journal of the Society for the History of Authorship, Reading and Publishing, Inc. (SHARP). Book History is devoted to every aspect of the history of the book, broadly defined as the history of the creation, dissemination, and the reception of script and print. Book History publishes research on the social, economic, and cultural history of authorship, editing, printing, the book arts, publishing, the book trade, periodicals, newspapers, ephemera, copyright, censorship, literary agents, libraries, literary criticism, canon formation, literacy, literacy education, reading habits, and reader response.

Beauty: A Very Short Introduction

Author : Roger Scruton
Publisher : Oxford University Press
ISBN 13 : 0199229759
Total Pages : 209 pages
Book Rating : 4.1/5 (992 download)

DOWNLOAD NOW!

Book Synopsis Beauty: A Very Short Introduction by : Roger Scruton

Download or read book Beauty: A Very Short Introduction written by Roger Scruton and published by Oxford University Press. This book was released on 2011-03-24 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: "First published in hardback as Beauty, 2009"--T.p. verso.

You Talkin' To Me?

Author : Sam Leith
Publisher : Profile Books
ISBN 13 : 1847654258
Total Pages : 287 pages
Book Rating : 4.8/5 (476 download)

DOWNLOAD NOW!

Book Synopsis You Talkin' To Me? by : Sam Leith

Download or read book You Talkin' To Me? written by Sam Leith and published by Profile Books. This book was released on 2011-10-20 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rhetoric gives our words the power to inspire. But it's not just for politicians: it's all around us, whether you're buttering up a key client or persuading your children to eat their greens. You have been using rhetoric yourself, all your life. After all, you know what a rhetorical question is, don't you? In this updated edition of his classic guide, Sam Leith traces the art of argument from ancient Greece down to its many modern mutations. He introduces verbal villains from Hitler to Donald Trump - and the three musketeers: ethos, pathos and logos. He explains how rhetoric works in speeches from Cicero to Richard Nixon, and pays tribute to the rhetorical brilliance of AC/DC's "Back In Black". Before you know it, you'll be confident in chiasmus and proud of your panegyrics - because rhetoric is useful, relevant and absolutely nothing to be afraid of.

Picturing Disability

Author : Robert Bogdan
Publisher : Syracuse University Press
ISBN 13 : 0815651929
Total Pages : 222 pages
Book Rating : 4.8/5 (156 download)

DOWNLOAD NOW!

Book Synopsis Picturing Disability by : Robert Bogdan

Download or read book Picturing Disability written by Robert Bogdan and published by Syracuse University Press. This book was released on 2012-11-19 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bogdan and his collaborators have studied thousands of historical photographs of people with disabilities in writing this book. Their work shows how people with disabilities have been presented but in a much wider range than we have ever seen before.