Matches in Harvard for { <http://id.lib.harvard.edu/aleph/002621197/catalog> ?p ?o. }
Showing items 1 to 26 of
26
with 100 items per page.
- catalog abstract "While much has been written on the use of metaphor in literature and religion, science and philosophy, few articles and no books have discussed its function in legal opinions. To the public, judges handing down judicial decisions present arguments derived through rational discourse and literal language. Yet, as Judge Richard Posner has pointed out, "rhetorical power counts for a lot in law. Science, not to mention everyday thought, is influenced by metaphors. Why shouldn't law be?" Haig Bosmajian examines the crucial role of the trope--metaphors, personifications, metonymies--in argumentation and reveals the surprisingly important place that figurative, nonliteral language holds in judicial decision making. Focusing on the specific genre of the legal opinion, Professor Bosmajian discusses the question of why we have judicial opinions at all and the importance of style in them. He then looks at specific well-known figures of speech such as the "wall of separation between church and state," justice personified as a female, or the Constitution as "color-blind," explaining why they are not straight-forward statements of legal fact but examples of the ways tropes are used in legal language.".
- catalog contributor b3799632.
- catalog created "c1992.".
- catalog date "1992".
- catalog date "c1992.".
- catalog dateCopyrighted "c1992.".
- catalog description "Includes bibliographical references (p. 209-230) and index.".
- catalog description "The Functions of the Judicial Opinion -- Style and Tropes -- The Metaphoric "Marketplace of Ideas" -- The Metaphoric "Wall of Separation" between Church and State -- The Metaphoric "Chilling Effect" and Related Tropes -- The Metaphoric "Captive Audience" -- "Shedding" Rights at the "Schoolhouse Gate" and Other Judicial Metonymies -- Personifying Justice, the Constitution, and Judicial Opinions -- Metaphorizing Speech into "Fire" Leading to a "Conflagration"".
- catalog description "While much has been written on the use of metaphor in literature and religion, science and philosophy, few articles and no books have discussed its function in legal opinions. To the public, judges handing down judicial decisions present arguments derived through rational discourse and literal language. Yet, as Judge Richard Posner has pointed out, "rhetorical power counts for a lot in law. Science, not to mention everyday thought, is influenced by metaphors. Why shouldn't law be?" Haig Bosmajian examines the crucial role of the trope--metaphors, personifications, metonymies--in argumentation and reveals the surprisingly important place that figurative, nonliteral language holds in judicial decision making. Focusing on the specific genre of the legal opinion, Professor Bosmajian discusses the question of why we have judicial opinions at all and the importance of style in them. He then looks at specific well-known figures of speech such as the "wall of separation between church and state," justice personified as a female, or the Constitution as "color-blind," explaining why they are not straight-forward statements of legal fact but examples of the ways tropes are used in legal language.".
- catalog extent "xiv, 240 p. ;".
- catalog identifier "0809316129".
- catalog issued "1992".
- catalog issued "c1992.".
- catalog language "eng".
- catalog publisher "Carbondale : Southern Illinois University Press,".
- catalog spatial "United States".
- catalog spatial "United States.".
- catalog subject "349.73/014 347.30014 20".
- catalog subject "Civil rights United States.".
- catalog subject "Figures of speech.".
- catalog subject "Judicial opinions United States Language.".
- catalog subject "KF211.5 .H35 1992".
- catalog subject "Law United States Language.".
- catalog tableOfContents "The Functions of the Judicial Opinion -- Style and Tropes -- The Metaphoric "Marketplace of Ideas" -- The Metaphoric "Wall of Separation" between Church and State -- The Metaphoric "Chilling Effect" and Related Tropes -- The Metaphoric "Captive Audience" -- "Shedding" Rights at the "Schoolhouse Gate" and Other Judicial Metonymies -- Personifying Justice, the Constitution, and Judicial Opinions -- Metaphorizing Speech into "Fire" Leading to a "Conflagration"".
- catalog title "Metaphor and reason in judicial opinions / Haig Bosmajian.".
- catalog type "text".