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Creating the Law - State Supreme Court Opinions and The Effect of Audiences (Paperback)
Loot Price: R981
Discovery Miles 9 810
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Creating the Law - State Supreme Court Opinions and The Effect of Audiences (Paperback)
Series: Law, Courts and Politics
Expected to ship within 12 - 17 working days
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Written opinions are the primary means by which judges communicate
with external actors. These sentiments 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 duelling 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.
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