Judges' writing styles (and do they matter?)(Judicial Opinion Writing)
Article Abstract:
There are two main approaches to writing judicial opinions, formalists and pragmatic and two styles that are closely linked to these approaches. The first style adopts a lengthy, dry style where legal precedent and the process resulting in the decision is clearly laid out in legal terms, aiding the formalist approach. The second style adopts a more conversational style and is the only method to successfully explain the reasoning of a decision which cannot be broken down into a clear process of legal thinking, taking a more pragmatic approach.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1995
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Poets as judges: judicial rhetoric and the literary imagination
Article Abstract:
Literature exposes readers to many different perspectives, allowing them to move beyond the biases of a specific culture, such as race and gay discrimination. Judges who have been widely exposed to the literary imagination may be better able to apply justice equality because they are able to identify historical and social influences on the circumstances. This approach is supported by Walt Whitman and contrasts sharply from Herbert Wechsler who advocates a remote, abstract neutrality rather than a historically and socially aware neutrality.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1995
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