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

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.

About the author

David A. Frank is Professor of Rhetoric at the University of Oregon. He is the coauthor of numerous books, including most recently Frames of Evil: The Holocaust as Horror in American Film.Francis J. Mootz III is Professor of Law at the University of the Pacific. He is the author of Law, Hermeneutics and Rhetoric and Rhetorical Knowledge in Legal Practice and Critical Legal Theory.

Product details

• Authors: David A Frank
• Assisted by: David A. Frank (Editor), Frank David A. (Editor), Francis J. Mootz III (Editor)
• Publisher: University Presses
• Languages: English
• Product format: Paperback / Softback
• Released: 19.03.2025
• EAN: 9780271094854
• ISBN: 978-0-271-09485-4
• Dimensions: 152 mm x 229 mm x 21 mm
• Weight: 426 g
• Series: Rhetoric and Democratic Deliberation
• Subjects: Humanities, art, music > Linguistics and literary studies > Other languages / Other literatures; Social sciences, law, business > Law > General, dictionaries; LANGUAGE ARTS & DISCIPLINES / Communication Studies, LAW / Jurisprudence, LANGUAGE ARTS & DISCIPLINES / Rhetoric, LAW / Judicial Power, Communication Studies, Jurisprudence & general issues, Semantics, discourse analysis, stylistics, Judicial powers