Creating the law: state supreme court opinions and the effect of audiences

"Written opinions are the primary means by which judges communicate with external actors. These opinions include the parties to the case itself, but also more broadly journalists, public officials, lawyers, other judges, and increasingly, the mass public. In Creating the Law, Michael K. Romano...

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Bibliographic Details
Main Authors: Romano, Michael K. (Author), Curry, Todd A. (Author)
Format: Electronic eBook
Language:English
Published: New York, NY Routledge 2020
Series:Law, courts and politics
Law, courts and politics
Subjects:
Online Access:Volltext
Summary:"Written opinions are the primary means by which judges communicate with external actors. These opinions include the parties to the case itself, but also more broadly journalists, public officials, lawyers, other judges, and increasingly, the mass public. In Creating the Law, Michael K. Romano and Todd A. Curry examine the extent to which judges tailor their language in order to avoid retribution during their retention, and how institutional variations involving intra-chamber dynamics may influence the written word of a legal opinion. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995-2010, Romano and Curry are the first to examine the connection between retention incentives and language choices. They utilize text analysis techniques developed in the field of communications and apply them to the text of judicial decisions. In doing so, they find that judges write with their audience in mind, and emphasize dueling strategies of justification and persuasion in order to please diverse audiences that may be paying attention. Furthermore, the process of drafting a majority opinion is a team exercise, and when more individuals are involved in its crafting, the product will reflect this complexity. This book gives students the tools for understanding how institutional variation affects judicial outcomes and shows how language relates to decision making in the judiciary more specifically"--
Item Description:Description based on online resource; title from digital title page (viewed on October 12, 2019)
Physical Description:1 online resource (xiii, 183 pages)
ISBN:9780429461828
0429461828
9780429867866
0429867867
9780429867873
0429867875
9780429867859
0429867859

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