The rhetoric of results and the results of rhetoric: judicial writings
Article Abstract:
Judicial opinions are written using rhetoric that sometimes exposes problems with the rationale or a better one, allowing for a more fully formed decision. The current trend toward unpublished decisions is troubling because of this process and because they are used as bartering chips to change a judge's mind in a judicial panel since adopting the majority view will have no impact if unpublished. Judges feel the opinions they write are a major responsibility because they must use rhetoric to detail precedent, develop coherent law and present the facts without angering colleagues.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
A reply to Judge Posner
Article Abstract:
Judge Richard A. Posner's condemnation of judges who adopt a technical legal style for writing judicial opinions is unreasonable because that approach may not be stylistically complex but is appropriate for many cases. He also should not categorize a judge based on a limited analysis of one judicial opinion over the course of an extensive career. His unwarranted attack on the judge used as his example of poor writing is inappropriate and unproductive while he provides no example of what he considers a good judicial opinion to allow readers to improve.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
What's an opinion for?
Article Abstract:
The value of judicial opinions lies in their ability to clearly establish precedent through explaining the process leading to a specific result rather than allowing the result to be applied inappropriately in later cases. Clarity of thought and the impact they make on readers are the important aspects of judicial opinions not the style in which they are written. Though legal systems have functioned without judicial opinions, such as in ancient Greece, precedent is unavailable to provide consistency of judgment.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: The right to education under the South African Constitution. Judicial redistricting and the Article 1 state legislature
- Abstracts: The original understanding of the Takings Clause and the political process. The curious resurrection of custom: beach access and judicial takings
- Abstracts: Freedom of contract, business format franchising and the problem of goodwill. Security interests in business goodwill
- Abstracts: Juridic Park - traps and illusions of harmonization (a work of legal fiction). part 2 Issues arising under an 18 month publication regime: the initial public response in light of EPC and PCT practice
- Abstracts: The dischargeability of marital obligations: three justifications for the repeal of s. 523(a)(15). When an ex-spouse goes bankrupt: new rules help keep financial obligations intact under divorce decrees