Rhetorical Processes and Legal Judgments

How Language and Arguments Shape Struggles for Rights and Power

Nonfiction, Reference & Language, Law, Courts, Jurisprudence
Cover of the book Rhetorical Processes and Legal Judgments by , Cambridge University Press
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Author: ISBN: 9781316789582
Publisher: Cambridge University Press Publication: September 1, 2016
Imprint: Cambridge University Press Language: English
Author:
ISBN: 9781316789582
Publisher: Cambridge University Press
Publication: September 1, 2016
Imprint: Cambridge University Press
Language: English

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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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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