Creating legal worlds : story and style in a culture of argument / Greig Henderson.
2015
K213 .H46 2015 (Map It)
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Details
Author
Title
Creating legal worlds : story and style in a culture of argument / Greig Henderson.
Published
Toronto ; Buffalo ; London : University of Toronto Press, [2015]
Call Number
K213 .H46 2015
ISBN
9781442637085 (hardback : acid-free paper)
1442637080 (hardback : acid-free paper)
1442637080 (hardback : acid-free paper)
Description
x, 180 pages ; 24 cm
System Control No.
(OCoLC)903770103
Summary
"A legal judgment is first and foremost a story, a narrative of facts about the parties to the case. Creating Legal Worlds is a study of how that narrative operates, and how rhetoric, story, and style function as integral elements of any legal argument. Through careful analyses of notable cases from Canada, the United States, and the United Kingdom, Greig Henderson analyses how the rhetoric of storytelling often carries as much argumentative weight within a judgement as the logic of legal distinctions. Through their narrative choices, Henderson argues, judges create a normative universe--the world of right and wrong within which they make their judgements--and fashion their own judicial self-images. Drawing on the work of the law and literature movement, Creating Legal Worlds is a convincing argument for paying close attention to the role of story and style in the creation of judicial decisions.""--Book jacket.
Bibliography, etc. Note
Includes bibliographical references (pages 169-172) and index.
Record Appears in
Gift
Purchased from the income of the Cardozo Fund
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Cardozo Fund
Table of Contents
Foreword
vii
Acknowledgments
ix
Introduction
3
1.
The Cost of Persuasion: Figure, Story, and Eloquence in the Rhetoric of Judicial Discourse
16
2.
Pure and Impure Styles: Formalism and Pragmatism in the Language of Decision Writing
38
3.
The Perils of Analogy: Legal World-Making and Judicial Self-Fashioning in Palsgraf v. Long Island Railroad
58
4.
Murder, They Wrote: The Rhetoric of Causation in the Language of the Law
74
5.
Narrative Theory and the Art of Judgment: The Anatomy of a Supreme Court Decision
89
6.
The Look in His Eyes: Rusk v. State, State v. Rusk
119
7.
Rhetoric, Philosophy, and Law
144
Postscript: Rhetoric, Postmodernism, and Scepticism
157
Works Cited
169
Index
173