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Rhetoric and Discourse in Supreme Court Oral Arguments - Sensemaking in Judicial Decisions (Paperback)
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Rhetoric and Discourse in Supreme Court Oral Arguments - Sensemaking in Judicial Decisions (Paperback)
Series: Routledge Studies in Rhetoric and Communication
Expected to ship within 12 - 17 working days
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While legal scholars, psychologists, and political scientists
commonly voice their skepticism over the influence oral arguments
have on the Court's voting pattern, this book offers a contrarian
position focused on close scrutiny of the justices' communication
within oral arguments. Malphurs examines the rhetoric, discourse,
and subsequent decision-making within the oral arguments for
significant Supreme Court cases, visiting their potential power and
danger and revealing the rich dynamic nature of the justices'
interactions among themselves and the advocates. In addition to
offering advancements in scholars' understanding of oral arguments,
this study introduces Sensemaking as an alternative to rational
decision-making in Supreme Court arguments, suggesting a new model
of judicial decision-making to account for the communication within
oral arguments that underscores a glaring irony surrounding the
bulk of related research-the willingness of scholars to criticize
oral arguments but their unwillingness to study this communication.
With the growing accessibility of the Court's oral arguments and
the inevitable introduction of television cameras in the courtroom,
this book offers new theoretical and methodological perspectives at
a time when scholars across the fields of communication, law,
psychology, and political science will direct even greater
attention and scrutiny toward the Supreme Court.
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