The Rhetoric of Judging Well

The Rhetoric of Judging Well The Conflicted Legacy of Justice Anthony M. Kennedy - Rhetoric and Democratic Deliberation

Hardback (21 Mar 2023)

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Publisher's Synopsis

Known as the "swing justice," Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric.

This book examines Justice Kennedy's legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy's opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice's rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots-especially on race, women's rights, and immigration-but also as a man of empathy deeply committed to American citizenship.

A sophisticated assessment of Justice Kennedy's jurisprudence, this book provides new insight into Kennedy's legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment.

In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O'Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.

Book information

ISBN: 9780271094847
Publisher: Penn State University Press
Imprint: Penn State University Press
Pub date:
DEWEY: 347.7314
DEWEY edition: 23/eng/20230105
Language: English
Number of pages: ix, 279
Weight: 602g
Height: 160mm
Width: 237mm
Spine width: 26mm