Legal Memories and Amnesias in America's Rhetorical Culture

Legal Memories and Amnesias in America's Rhetorical Culture
Author: Marouf Arif Hasian
Publisher: Routledge
Total Pages: 0
Release: 2023-06-13
Genre:
ISBN: 9780367157425

In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how such issues as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how issues such as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. The author builds on critical race theory, feminist studies of the law, and critical legal studies, and he uses a case study framework that covers topics such as Sarah Roberts and the separate but equal doctrine, John Brown's enactment of natural law at Harper's Ferry, Typhoid Mary Mallon, the Holocaust, Susan Smith, the human genome project, and Rosewood. All of the aforementioned are tied together by an introduction that clearly delineates the basic theoretical stance of the book. Without a doubt, the subject of this book is provocative, timely, and timeless.

Legal Memories And Amnesias In America's Rhetorical Culture

Legal Memories And Amnesias In America's Rhetorical Culture
Author: Marouf Arif Hasian
Publisher: Routledge
Total Pages: 198
Release: 2021-11-28
Genre: Political Science
ISBN: 0429721625

In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how such issues as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how issues such as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. The author builds on critical race theory, feminist studies of the law, and critical legal studies, and he uses a case study framework that covers topics such as Sarah Roberts and the separate but equal doctrine, John Brown's enactment of natural law at Harper's Ferry, Typhoid Mary Mallon, the Holocaust, Susan Smith, the human genome project, and Rosewood. All of the aforementioned are tied together by an introduction that clearly delineates the basic theoretical stance of the book. Without a doubt, the subject of this book is provocative, timely, and timeless.

Intersections of Law and Memory

Intersections of Law and Memory
Author: Mirosław Michał Sadowski
Publisher: Taylor & Francis
Total Pages: 327
Release: 2024-03-12
Genre: Law
ISBN: 1040001025

This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of ‘legal institutions of memory’. It then elaborates the functioning of such institutions through a range of examples – taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland – that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics.

Race, Nation, and Refuge

Race, Nation, and Refuge
Author: Doug Coulson
Publisher: SUNY Press
Total Pages: 320
Release: 2017-01-01
Genre: Law
ISBN: 1438466617

Explores the role of rhetoric and the racial classification of Asian American immigrants in the early twentieth century. From 1870 to 1940, racial eligibility for naturalization in the United States was limited to “free white persons” and “aliens of African nativity and persons of African descent,” and many interpreted these restrictions to reflect a policy of Asian exclusion based on the conclusion that Asians were neither white nor African. Because the distinction between white and Asian was considerably unstable, however, those charged with the interpretation and implementation of the naturalization act faced difficult racial classification questions. Through archival research and a close reading of the arguments contained in the documents of the US Bureau of Naturalization, especially those documents that discussed challenges to racial eligibility for naturalization, Doug Coulson demonstrates that the strategy of foregrounding shared external threats to the nation as a means of transcending perceived racial divisions was often more important to racial classification than legal doctrine. He argues that this was due to the rapid shifts in the nation’s enmities and alliances during the early twentieth century and the close relationship between race, nation, and sovereignty.

The SAGE Handbook of Rhetorical Studies

The SAGE Handbook of Rhetorical Studies
Author: Andrea A. Lunsford
Publisher: SAGE Publications
Total Pages: 1013
Release: 2008-10-29
Genre: Language Arts & Disciplines
ISBN: 148334343X

The SAGE Handbook of Rhetorical Studies surveys the latest advances in rhetorical scholarship, synthesizing theories and practices across major areas of study in the field and pointing the way for future studies. Edited by Andrea A. Lunsford and Associate Editors Kirt H. Wilson and Rosa A. Eberly, the Handbook aims to introduce a new generation of students to rhetorical study and provide a deeply informed and ready resource for scholars currently working in the field. Key Features: Brings together scholars from across the disciplines of Speech, Communication, English, and Writing Studies. While rhetoric is by definition interdisciplinary, self-identified scholars in the field are most often institutionally separated from one another. This Handbook bridges this divide by providing a refreshing range of transdisciplinary views on the nature, status, definition, and scope of rhetoric today. Offers a thorough-going overview of rhetorical studies today. Organized in four sections—Historical Studies in Rhetoric; Rhetoric Across the Disciplines; Rhetoric and Pedagogy, and Rhetoric and Public Discourse—the volume provides a single resource for engaging rhetorical studies. Underscores the importance of rhetoric to education across a wide range of disciplines as well as to effective participation in public arenas. Thus the volume connects rhetoric′s long teaching tradition to an activist agenda for informed civic engagement. Addresses methodological and theoretical difficulties and offers means of negotiating them. Provides one of the first introductions to rhetorical studies across cultures and to the related debates concerning comparative and contrastive rhetorics.

Judicial Rhapsodies

Judicial Rhapsodies
Author: Doug Coulson
Publisher: Amherst College Press
Total Pages: 285
Release: 2023-02-28
Genre: Law
ISBN: 1943208476

All judges legitimize their decisions in writing, but US Supreme Court justices depend on public acceptance to a unique degree. Previous studies of judicial opinions have explored rhetorical strategies that produce legitimacy, but none have examined the laudatory, even operatic, forms of writing Supreme Court justices have used to justify fundamental rights decisions. Doug Coulson demonstrates that such “judicial rhapsodies” are not an aberration but a central feature of judicial discourse. First examining the classical origins of divisions between law and rhetoric, Coulson tracks what he calls an epideictic register—highly affective forms of expression that utilize hyperbole, amplification, and vocabularies of praise—through a surprising number of landmark Supreme Court opinions. Judicial Rhapsodies recovers and revalues these instances as significant to establishing and maintaining shared perspectives that form the basis for common experience and cooperation. “Judicial Rhapsodies is both compelling and important. Coulson brings his well-developed knowledge of rhetoric to bear on one of the most central (and most democratically fraught) means of governance in the United States: the Supreme Court opinion. He demonstrates that the epideictic, far from being a dispensable or detestable element of judicial rhetoric, is an essential feature of how the Court operates and seeks to persuade.” —Keith Bybee, Syracuse University

Classical Rhetoric and Contemporary Law

Classical Rhetoric and Contemporary Law
Author: Kirsten K. Davis
Publisher: University of Alabama Press
Total Pages: 299
Release: 2024
Genre: Language Arts & Disciplines
ISBN: 0817361391

"From the twin birth of western rhetoric and law in the Greek-speaking world in the first millennium BCE, law and rhetoric were deeply connected in the ancient world. In the modern era of legal practice, the clear connections between law and classical rhetoric have largely been lost to both those trained in the law and those who study rhetoric. This interdisciplinary reader reestablishes those lost connections by pairing primary source materials in classical rhetoric and contemporary law. The chapters in this volume show that ancient rhetorical texts can deepen or disrupt contemporary notions about principles that lie at the root of western legal traditions and return to us our past, making it possible for scholars across several disciplines to build on work accomplished centuries before. Broken into four parts, this volume first covers the historical development of rhetoric. In Part Two, volume editor Mootz and scholar David A. Frank look at rhetorical theorists at "bookends" of an era when classical rhetoric was de-valued as a mode of thought. Mootz discusses the hegemonic wave of Enlightenment epistemology that separated law from rhetoric, and Frank shows that where Cartesian rationality fails in the modern era, the humanistic tradition of rhetoric allows law to respond to the needs of justice. Part Three consists of ten chapters that each (1) introduce a classical rhetorical theorist to the reader, (2) provide an excerpt from a text by that theorist, and then (3) demonstrate the relevance of that work to a contemporary court case. Moving from the Sophists, through Aristotle and Plato and their Greek contemporaries, to the Roman rhetoricians Cicero and Quintilian, and finally, to the early medieval rhetorician, St. Augustine, these reprinted classical texts are contextualized by leading scholars in law, classics, and rhetoric, each with probing discussion questions for readers to engage and interact with the materials rhetorically. This vital resource of primary texts demonstrates how rhetoric illuminates the operation of the legal system and reconnects law to its rhetorical roots. Structured for use by scholars in critical inquiry and well suited for use in graduate or law school courses, Classical Rhetoric and Contemporary Law will be of interest to law, rhetoric, English, and communication scholars, and as an interactive catalyst to examine the ways in which ancient rhetorical theory informs our understanding of law practice today"--

The Rhetorical Invention of Diversity

The Rhetorical Invention of Diversity
Author: M. Kelly Carr
Publisher: MSU Press
Total Pages: 394
Release: 2018-05-01
Genre: Language Arts & Disciplines
ISBN: 1628953314

Despite the tepid reception of Regents of the University of California v. Bakke in 1978, the Supreme Court has thrice affirmed its holding: universities can use race as an admissions factor to achieve the goal of a diverse student body. This book examines the process of rhetorical invention followed by Justice Lewis F. Powell Jr., his colleagues, and other interlocutors as they sifted through arguments surrounding affirmative action policies to settle on diversity as affirmative action’s best constitutional justification. Here M. Kelly Carr explores the goals, constraints, and argumentative tools of the various parties as they utilized the linguistic resources available to them, including arguments about race, merit, and the role of the public university in civic life. Using public address texts, legal briefs, memoranda, and draft opinions, Carr looks at how public arguments informed the amicus briefs, chambers memos, and legal principles before concluding that Powell’s pragmatic decision making fused the principle of individualism with an appreciation of multiculturalism to accommodate his colleagues’ differing opinions. She argues that Bakke is thus a legal and rhetorical milestone that helped to shift the justificatory grounds of race-conscious policy away from a recognition of historical discrimination and its call for reparative equality, and toward an appreciation of racial diversity.

Losing Twice

Losing Twice
Author: Emily M. Calhoun
Publisher: Oxford University Press
Total Pages: 185
Release: 2011-03-21
Genre: Law
ISBN: 0199838259

Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Given our adversarial system, the way that rights cases are decided means that regardless of whether a losing side has committed any actions that cause harm to others, they typically suffer unnecessary harm as a consequence of decisions. In areas such as affirmative action and gay rights, the losers are essentially punished for losing despite neither intending nor causing injury. In Losing Twice, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers. But for this to happen, Calhoun contends, the role of judges needs to be reconceptualized. She contends that the Court should not perceive itself simply as an adversarial forum, but also as a 'transactional' one, where losers are not simply losers but participants in a process capable of addressing and ameliorating the effects that come with loss. Filled with lucid discussions of well known cases, Losing Twice offers an intellectually powerful argument for transforming the decision-making process in Constitutional rights disputes.

Visualizing Atrocity

Visualizing Atrocity
Author: Valerie Hartouni
Publisher: NYU Press
Total Pages: 207
Release: 2012-08-20
Genre: Biography & Autobiography
ISBN: 0814738494

Taking Hannah Arendt's account of the 1961 trial of Nazi official Adolf Eichmann as its point of departure, this book reassesses the myths that shape our understanding of the Nazi genocide as well as totalitarianism's broader features. These myths are tied to the atrocity imagery that emerged with the liberation of the concentration camps and played an evidentiary role in the post-war trials of perpetrators. At the 1945 Nuremberg Tribunal, particular practices of looking were first established, and later institutionalized through Eichmann's trial in Jerusalem as part of the fabric of historical fact. These ways of seeing have come to constitute a visual rhetoric that drives contemporary mythmaking about how we know genocide and what is permitted to count as such. In contrast, Arendt's claims about the "banality of evil" work to disrupt this visual rhetoric.