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Author:   David A. Frank ,  Francis J. Mootz III
Publisher:   Pennsylvania State University Press
Imprint:   Pennsylvania State University Press
Dimensions:   Width: 15.20cm , Height: 2.70cm , Length: 22.90cm
Weight:   0.567kg
ISBN:  

9780271094847

ISBN 10:   0271094842
Pages:   294
Publication Date:   21 March 2023
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Acknowledgements Introduction Part 1. Judgment in Classical Rhetoric 1. Justice Kennedy and the Interpretation of Legal Texts: The Classical Background Michael Gagarin 2. Sex and Moral Pollution in the Rhetoric of Justice Kennedy Eugene Garver Part 2. Judgment in Stasis Theory 3. Justice Kennedy’s Definitional Construction of Gay Rights in Lawrence and Obergefell: Legal Rhetorical Analysis with the Interpretive Stases Martin Camper 4. Justice Kennedy, Natural Liberty, and Classical Stasis Theory: Advancing Free Speech with Rhetorical Knowledge and Interpretive Argumentation Susan E. Provenzano 5. Romer v. Evans: Justice Kennedy, Justice Scalia, and the Rhetoric of Judging Well Sean Patrick O’Rourke Part 3. Judgment in Contemporary Rhetorical Theory 6. Constructing a Free Agent: “Good Judgment” in Justice Kennedy’s Lawrence v. Texas Opinion Clarke Rountree 7. Justice Kennedy and Natural Law Argumentation Francis J. Mootz III 8. Justice Kennedy, Federalism, and the Nonproduction of Rhetorical Knowledge Darien Shanske Part 4. Judgment and Justice Kennedy’s Ethos 9. Justice Kennedy’s Free Speech Optimism Ashutosh Bhagwat 10. Strongmen and Neurotics: Visible Struggle and the Construction of Judicial Ethos James A. Gardner 11. The Anticlassification Topic and Equal-Liberty Template Leslie Gielow Jacobs Part 5. Justice Kennedy’s Misjudgments: Women, Race, and Immigrants 12. Performing a “View from Nowhere”: Justice Kennedy’s Denial of Embodied Knowledge Elizabeth C. Britt 13. Women in Justice Kennedy’s Jurisprudence Kathryn Stanchi 14. Justice Kennedy’s Anticlassification Doctrine: Not Judging Well Rebecca E. Zietlow 15. Whose Freedom? Justice Kennedy’s Sovereignty, Autonomy, and Liberty Discourses in the Immigration Cases Leticia M. Saucedo Part 6. Assessment 16. Rhetorical Vision and Judgment: Did Justice Anthony M. Kennedy Judge Well? David A. Frank List of Contributors Index of Cases Index of Names and Subjects

Reviews

The Rhetoric of Judging Well truly blazes a trail about how to take the rhetoric of legal reasoning out of the partisan, polarized world of legal journalism and bring it intelligibly into public discourse. Rhetoricians will gain copious insights about legal reasoning, and legal scholars will discover rhetorical tools for their research. -William M. Keith, coauthor of Beyond Civility: The Competing Obligations of Citizenship The Rhetoric of Judging Well offers a distinctive approach to legal rhetoric by providing a comprehensive and thorough account of the jurisprudence of a single, important justice. I know of no other book quite like it. -Austin Sarat, author of When Governments Break the Law: The Rule of Law and the Prosecution of the Bush Administration

The Rhetoric of Judging Well truly blazes a trail about how to take the rhetoric of legal reasoning out of the partisan, polarized world of legal journalism and bring it intelligibly into public discourse. Rhetoricians will gain copious insights about legal reasoning and legal scholars will discover rhetorical tools for their research. -William M. Keith, coauthor of Beyond Civility: The Competing Obligations of Citizenship The Rhetoric of Judging Well offers a distinctive approach to legal rhetoric by providing a comprehensive and thorough account of the jurisprudence of a single, important justice. I know of no other book quite like it. -Austin Sarat, author of When Government Breaks the Law: The Rule of Law and the Prosecution of the Bush Administration

Author Information

David A. Frank is Professor of Rhetoric at the University of Oregon. He is the coauthor of numerous books, including most recently Frames of Evil: The Holocaust as Horror in American Film. Francis J. Mootz III is Professor of Law at the University of the Pacific. He is the author of Law, Hermeneutics and Rhetoric and Rhetorical Knowledge in Legal Practice and Critical Legal Theory.

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