The Art and Craft of Judgment-Writing

The Art and Craft of Judgment-Writing
Author: Max Barrett
Publisher:
Total Pages: 368
Release: 2022-05-31
Genre: Law
ISBN: 9781787428577

Judges are increasingly aware that the best way of enhancing public confidence in court systems is not only by providing a quality service but doing so compassionately and respectfully. The art and craft of judgment-writing is a critical element of this process. This book looks at the judgments of historically great judgment-writers from the US, UK and wider common law world (in particular Australia, Canada, India, Ireland, Israel and New Zealand). It is written not from the perspective of what the author can teach but with the aim of identifying essential elements of good judgment-writing in great judgments and insightful commentary.Written by Dr Max Barrett, a judge of the High Court of Ireland, individual chapters focus on subjects such as judgment purpose, length, style and structure, concurring and dissenting judgments, judgment-writing for children and vulnerable parties, as well as more general lessons in good writing offered by great authors from Orwell to Twain. Among the lessons to be taken from great common law judges are that: a good judgment possesses an ability to rise above immediate facts and to see a problem in its wider perspective;a sense of empathy/sympathy for those faring badly is always important; andthere is nothing wrong with language that is occasionally flowery and ornate; however, the best judgments are crisp and persuasive.A great author such as Mark Twain teaches, for example, that: every element of a judgment should be necessary to that judgment and any unnecessary element excised;any person or event included in a judgment should be included for a reason; anda judge should always use the right word for what she wants to state, 'not its second cousin'.This book is intended for novice superior court judges, their more seasoned colleagues and all with an interest in legal writing (including legal practitioners, law teachers and law students). Lower-court judges required to write judgments should find the book valuable; and judges at all levels should find the additional chapter on ex tempore judgments of use.

Feminist Judgments

Feminist Judgments
Author: Rosemary Hunter
Publisher: Bloomsbury Publishing
Total Pages: 504
Release: 2010-09-30
Genre: Law
ISBN: 1847316018

While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world... If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn...other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'

Feminist Judgments

Feminist Judgments
Author: Rosemary Hunter
Publisher: Bloomsbury Publishing
Total Pages: 413
Release: 2010-09-30
Genre: Law
ISBN: 1847317278

While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world... If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn...other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'

The Writings of Padraic Colum

The Writings of Padraic Colum
Author: Pádraic Whyte
Publisher: Taylor & Francis
Total Pages: 183
Release: 2024-05-10
Genre: Literary Criticism
ISBN: 1040028152

This co-edited collection breaks new ground by bringing together several leading scholars to explore the substantial body of work produced by Padraic Colum (1881–1972) who was a poet, a novelist, a dramatist, a biographer, a writer of fiction for adults and children, and a collector of folklore. The awards, honours, and distinction conferred upon him and his work throughout his life and career, as well as retrospectively, give an indication of the significant and wide-ranging appeal and influence of Colum not only as an Irish writer and storyteller but also as a literary figure entrusted with the myths and legends of other cultures and nations. Despite such achievements, he has received comparatively little critical or scholarly attention to date. This volume showcases the richness of Colum’s work by subjecting it to a rigorous literary and theoretical examination and is the first combined and detailed analysis of both his children’s and adult texts.

Inventing the Truth

Inventing the Truth
Author: Russell Baker
Publisher: Houghton Mifflin Harcourt
Total Pages: 244
Release: 1998
Genre: Biography & Autobiography
ISBN: 9780395901502

In this perfect companion for anyone beguiled by memoirs or embarking on writing one, nine distinguished authors -- Russell Baker, Jill Ker Conway, Annie Dillard, Ian Frazier, Henry Louis Gates, Jr., Alfred Kazin, Frank McCourt, Toni Morrison, and Eileen Simpson -- reflect on the writing process.

Learning Legal Rules

Learning Legal Rules
Author: James Holland
Publisher: Oxford University Press
Total Pages: 413
Release: 2022-06-22
Genre: Law
ISBN: 0192849093

Written by leading authors with extensive experience in both teaching and practice, this established and trusted title equips the student with all the techniques of legal research, analysis, and argument they will need for their law course and beyond. Holland and Webb take an engaging andpractical approach with examples and exercises throughout which allow students to develop their knowledge and their reasoning skills making this an ideal text for first year students.Digital formats and resourcesThe eleventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.- The ebook offers a mobile experience and convenient access along with functionality tools, navigation features and links that extra learning support: www.oxfordtextbooks.co.uk/ebooks http://www.oxfordtextbooks.co.uk/ebooks- The accompanying online resources include multiple choice questions for each chapter, links to useful websites and a guide to using Halsbury's Laws.For futher insight into legal skills, visit legaleducation.wordpress.comlegaleducation.wordpress.com.

The Book of Otto and Liam

The Book of Otto and Liam
Author: Paul Griner
Publisher: Sarabande Books
Total Pages: 311
Release: 2021-04-13
Genre: Fiction
ISBN: 194644877X

Liam is the boy, lying in the hospital, in grave condition, a bullet lodged in his head. Otto is his father, a commercial artist whose marriage has collapsed in the wake of the disaster. Paul Griner’s brave novel taps directly into the vein of a uniquely American tragedy: the school shooting. We know these grotesque and sorrowful events too well. Thankfully, the characters in this drama are finely drawn human beings—those who gain our empathy, those who commit the unspeakable acts, and those conspiracy fanatics who launch a concerted campaign to convince the world that the shooting was a hoax. The Book of Otto and Liam is a suspenseful, edge-of-your-seat read and, at the same time, it is a meditation on the forms evil can take, from the irredeemable act of the shooter himself, to the anger and devastation it causes in the victims’ families. Griner has managed to make an amazing, incredibly powerful book, one that is like no other.

Foxfire

Foxfire
Author: Joyce Carol Oates
Publisher: Penguin
Total Pages: 338
Release: 1994-08-01
Genre: Fiction
ISBN: 0452272319

New York Times bestselling author Joyce Carol Oates’s strongest and most unsparing novel yet—an always engrossing, often shocking evocation of female rage, gallantry, and grit. The time is the 1950s. The place is a blue-collar town in upstate New York, where five high school girls join a gang dedicated to pride, power, and vengeance on a world that seems made to denigrate and destroy them. Here is the secret history of a sisterhood of blood, a haven from a world of male oppressors, marked by a liberating fury that burns too hot to last. Above all, it is the story of Legs Sadovsky, with her lean, on-the-edge, icy beauty, whose nerve, muscle, hate, and hurt make her the spark of Foxfire: its guiding spirit, its burning core. At once brutal and lyrical, this is a careening joyride of a novel—charged with outlaw energy and lit by intense emotion. Amid scenes of violence and vengeance lies this novel’s greatest power: the exquisite, astonishing rendering of the bonds that link the Foxfire girls together. Foxfire reaffirms Joyce Carol Oates’s place at the very summit of American writing.