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Fiction and the Languages of Law: Understanding Contemporary Legal Discourse

Fiction and the Languages of Law: Understanding Contemporary Legal Discourse

Fiction and the Languages of Law: Understanding Contemporary Legal Discourse

Author: Karen Petroski
Publisher: Routledge
ISBN: 9780367519889

Published In: June 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780815350118

List Price: HKD 584.87

HKD 567.32 Save HKD 17.55 (3%)

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Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court’s written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency—as well as the term’s best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples.

Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges’ and lawyers’ habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.

Chapter 1: Three Ways of Reading a Term

Chapter 2: Fear of Fiction

Chapter 3: Real People, Fictional Characters, Legal Phantoms

Chapter 4: Big Personalities

Chapter 5: Virtual Realities

Chapter 6: Reading the Layers of Law

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