
Contents
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Introduction Introduction
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Background on Lewis v. Harris and the Discourse Materials Background on Lewis v. Harris and the Discourse Materials
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The Usefulness of the “Legal–Lay Discourse” Distinction The Usefulness of the “Legal–Lay Discourse” Distinction
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Genre 1: The Litigant Brief Genre 1: The Litigant Brief
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Genre 2: Oral Argument Genre 2: Oral Argument
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Genre 3: The Public Hearing Discourse Genre 3: The Public Hearing Discourse
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Conclusions Conclusions
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Notes Notes
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References References
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11 Troubling the Legal–Lay Distinction: Litigant Briefs, Oral Argument, and a Public Hearing about Same-Sex Marriage
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Published:August 2013
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Abstract
By examining the discourse of legal and non-legal communicators across a variety of venues as participants forwarded arguments about a specific issue ? the Lewis v Harris issue of whether or not same-sex marriage should be legal ? Tracy and Delgadillo evidence the problematic character of the legal-lay distinction. They look closely at oral and written discourses of New Jersey State Supreme Court judges and attorneys, lay speakers and lobbying groups, and elected officials, showing which features and facets of whose discourse traveled across contexts. They find that whether a party is marginalized or mainstream is a better predictor of narrative use than whether they are a legal or lay speaker. In particular, when a legal issue involves how a category of person ought to be treated then stories become a useful tool for overcoming otherness.
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