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Inventing the Rule of Law: A Rhetori...

Bell, Shelby P.

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Inventing the Rule of Law: A Rhetorical Analysis of U.S. Supreme Court Per Curiam Opinions.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Inventing the Rule of Law: A Rhetorical Analysis of U.S. Supreme Court Per Curiam Opinions./
作者:	Bell, Shelby P.
出版者:	Ann Arbor : ProQuest Dissertations & Theses, : 2016,
面頁冊數:	153 p.
附註:	Source: Dissertation Abstracts International, Volume: 77-11(E), Section: A.
Contained By:	Dissertation Abstracts International77-11A(E).
標題:	Rhetoric. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=10141911
ISBN:	9781339972350

Inventing the Rule of Law: A Rhetorical Analysis of U.S. Supreme Court Per Curiam Opinions.
Bell, Shelby P.

Inventing the Rule of Law: A Rhetorical Analysis of U.S. Supreme Court Per Curiam Opinions. - Ann Arbor : ProQuest Dissertations & Theses, 2016 - 153 p.

Source: Dissertation Abstracts International, Volume: 77-11(E), Section: A.

Thesis (Ph.D.)--University of Minnesota, 2016.

The rule of law is the U.S. Supreme Court's justification for action, and because of the authority given to the Supreme Court in U.S. legal culture, the Court's speech about the rule of law shapes the lived experience of legal subjects. Per curiam opinions (per curiam meaning "by the court") obscure the identity of the author of the opinion, and are used relatively rarely, indicating that this designation reserved for exceptional cases per curiam opinions, and for these reasons per curiam opinions can serve as limit cases for studying the rule of law. This dissertation conducts rhetorical analysis of three U.S. Supreme Court per curiam opinions in order to explore changes in the meaning of the rule of law: Brandenburg v. Ohio (1969), DeFunis v. Odegaard (1974), and Bush v. Gore (2000).

ISBN: 9781339972350Subjects--Topical Terms:

516647
Rhetoric.

Inventing the Rule of Law: A Rhetorical Analysis of U.S. Supreme Court Per Curiam Opinions.
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500 $a Source: Dissertation Abstracts International, Volume: 77-11(E), Section: A.
500 $a Adviser: Arthur Walzer.
502 $a Thesis (Ph.D.)--University of Minnesota, 2016.
520 $a The rule of law is the U.S. Supreme Court's justification for action, and because of the authority given to the Supreme Court in U.S. legal culture, the Court's speech about the rule of law shapes the lived experience of legal subjects. Per curiam opinions (per curiam meaning "by the court") obscure the identity of the author of the opinion, and are used relatively rarely, indicating that this designation reserved for exceptional cases per curiam opinions, and for these reasons per curiam opinions can serve as limit cases for studying the rule of law. This dissertation conducts rhetorical analysis of three U.S. Supreme Court per curiam opinions in order to explore changes in the meaning of the rule of law: Brandenburg v. Ohio (1969), DeFunis v. Odegaard (1974), and Bush v. Gore (2000).
520 $a The per curiam opinion in Brandenburg v. Ohio (1969) raised questions about the power of the courts to enact the law because the rhetoric of the opinion showed the law as correcting the Court's mistaken decision in Whitney v. California (1927). The per curiam label, however, attributed responsibility for the decision in Brandenburg to the Court, thus creating conflicting accounts of where judicial power lies.
520 $a In the Supreme Court's DeFunis v. Odegaard (1974) per curiam opinion the rule of law appeared as a bureaucracy as procedural rules were used to trump substantive issues. The per curiam opinion may have aimed to make the opinion more palatable, but for some audiences it appeared as cover for darker motives.
520 $a The Bush v. Gore (2000) per curiam opinion aimed to justify the Court's involvement in the Florida vote for presidential electors, but the rhetoric was missing evidence and support. The per curiam label obscured the facts of authorship making it impossible to hold the author(s) accountable for the opinion, and for the kind of rule of law the opinion promoted.
520 $a Comparing the rule of law in each of these opinions to the Court's foundational Marbury v. Madison (1803) opinion makes it possible to consider whether these opinions use the "rule of law" to create the conditions of possibility for a deliberative democracy or whether the "rule of law" is used as an crude justification for authoritarian power.
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