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Making the Case: The Art of the Judicial Opinion

Online ISBN:
9780300220841
Print ISBN:
9780300212082
Publisher:
Yale University Press
Book

Making the Case: The Art of the Judicial Opinion

Paul W. Kahn
Paul W. Kahn
Yale Law School
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Published online:
22 September 2016
Published in print:
26 April 2016
Online ISBN:
9780300220841
Print ISBN:
9780300212082
Publisher:
Yale University Press

Abstract

This book introduces law students to the art of reading judicial opinions. At the same time, it offers an innovative theory of the nature of legal argument, emphasizing the roles of rhetoric, narrative, voice, persuasion, and context. Separate chapters deal with the development of legal doctrine and the way in which facts operate as the context or horizon against which legal claims are understood. The book defends a humanist approach to law, which is a necessary complement to the dominant social science approach.

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