Topic Top Five- "Legal Rhetoric"
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This document provides an overview of legal rhetoric. It defines legal rhetoric as the use of persuasion and language with reasoning and credibility in a legal context, based on Aristotle's treatise on rhetoric. It notes that judges, lawyers, lawmakers, and jurors use legal rhetoric in law, trials, legislation, and the judicial system. The document explains that legal rhetoric matters because law governs behavior and mediates societal relations, and concepts of justice and fairness are important in society. Communication is critical in courtrooms, especially for lawyers using persuasion.
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1) El documento describe los componentes clave de un paquete estratégico para el marketing de marcas, incluyendo el objetivo de la acción táctica, el público objetivo, la promesa y los medios.
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永慶房仲網隸屬永慶房產集團，網站旗下共有集團四房仲品牌---永慶房屋，永慶不動產，有巢氏房屋，台慶不動產-的優質物件近十萬，近期熱門討論的房地合一稅，永慶房仲網除了推出易懂的圖文版說明，還在6/12及6/18舉辦兩場線上專家直播答覆網友提問的活動，共三千多人次瀏覽，相當踴躍。
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Many birds perform dances, especially in the spring, to attract mates. Ostriches are the only birds that dance for fun rather than mating. Their early morning dances involve twirling in circles on their tiptoes with wings outstretched, and soon the whole group joins in the joyful display. Parrots are a diverse order of over 350 bird species found worldwide in warm climates. Though varied, they share curved beaks and four-toed feet. Pigeons are familiar city birds that have been bred in many colors over centuries. Ostriches are the world's largest birds and strong runners, able to sprint over 40 mph, that live in herds on the African savanna and deserts.
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ARTICLESAPPELLATE JUDGES AND PHILOSOPHICAL THEORIESJUDI.docx
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JUDICIAL PHILOSOPHY OR MERE COINCIDENCE?
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Gregory H. Adamian Professor of Law, Bentley University, Waltham, MA.
Senior Lecturer of Law, Bentley University, Waltham, MA. The authors acknowledge and thank Jonathan
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assistance in preparing this paper.
1. Elena Kagan, Confirmation Messes, Old and Neiw, 62 U. CHI. L. REV. 919, 935 (1995) (reviewing
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562 RICHMOND JOURNAL OF LAW AND THE PUBLIC INTEREST [Vol. XIV:4
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2
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CONTENT AND VIEWPOINT DISCRIMINATION..., 13 Comm. L. & Pol’y 131.docx
CONTENT AND VIEWPOINT DISCRIMINATION:..., 13 Comm. L. & Pol’y 131
© 2020 Thomson Reuters. No claim to original U.S. Government Works.
13 Comm. L. & Pol’y 131
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The approach to the Free Speech Clause of the First Amendment by the Supreme Court of the United States depends heavily on categorical analysis.1 In its jurisprudence, the Court has recognized three categories of regulations on expression: content neutral, content based, and viewpoint based.2 Whether a regulation will be upheld depends in large measure on the Court’s initial determination of the category to which it belongs.3 The Court has devised tests to review content-based and content-neutral regulations (strict scrutiny for content-based regulations, a more lenient intermediate scrutiny for those regulations *132 deemed content neutral),4 but it has said that viewpoint-based regulations are unconstitutional.5 Given that the constitutional fate of a regulation under review hinges on the category to which it has been placed, the Court’s approach would seem to depend on a clear demarcation between those respective categories.
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Recent scholarship h.
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APPELLATE JUDGES AND PHILOSOPHICAL THEORIES:
JUDICIAL PHILOSOPHY OR MERE COINCIDENCE?
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CONTENT AND VIEWPOINT DISCRIMINATION..., 13 Comm. L. & Pol’y 131.docx
CONTENT AND VIEWPOINT DISCRIMINATION:..., 13 Comm. L. & Pol’y 131
© 2020 Thomson Reuters. No claim to original U.S. Government Works.
13 Comm. L. & Pol’y 131
Communication Law and Policy
Spring, 2008
Article
Dan V. Kozlowskia1
Copyright © 2008 by Taylor & Francis Group, LLC; Dan V. Kozlowski
CONTENT AND VIEWPOINT DISCRIMINATION: MALLEABLE TERMS BEGET MALLEABLE DOCTRINE
Recent scholarship has demonstrated that the Supreme Court of the United States has defined poorly and inconsistently applied two core First Amendment concepts—content and viewpoint discrimination. This article systematically explores the malleability of the Court’s speech discrimination principles. Using data from The Supreme Court Compendium that categorize the ideological voting behavior of justices on the Court, the article studies decisions in three socially divisive areas of law in which content and viewpoint discrimination have been central issues of significant cases. Analysis shows that the Court’s weak definitions and inconsistent applications leave the content and viewpoint concepts especially ripe for manipulation. The article concludes, therefore, by suggesting a new method of analysis that would offer more consistency.
The approach to the Free Speech Clause of the First Amendment by the Supreme Court of the United States depends heavily on categorical analysis.1 In its jurisprudence, the Court has recognized three categories of regulations on expression: content neutral, content based, and viewpoint based.2 Whether a regulation will be upheld depends in large measure on the Court’s initial determination of the category to which it belongs.3 The Court has devised tests to review content-based and content-neutral regulations (strict scrutiny for content-based regulations, a more lenient intermediate scrutiny for those regulations *132 deemed content neutral),4 but it has said that viewpoint-based regulations are unconstitutional.5 Given that the constitutional fate of a regulation under review hinges on the category to which it has been placed, the Court’s approach would seem to depend on a clear demarcation between those respective categories.
Scholars and judges have championed the Court’s categorical jurisprudence because they say, among other things, it offers precise guidance for lower courts and provides “clean, clear-cut distinctions between laws that raise or involve First Amendment issues.”6 Justice Sandra Day O’Connor, for example, reasoned the content-based/content-neutral distinction “is a rule, in an area where fairly precise rules are better than more discretionary and more subjective balancing tests.”7 To be sure, in theory, the Court’s categorical approach might seem straightforward and obvious, a sensible framework to ensure the utmost protection for free speech. In operation, however, cases have rarely been so easy for the Court, and the content and viewpoint concepts have proven to be slippery in the Court’s hands.
Recent scholarship h.
Judge Posner on Pragmatic Adjudication
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Introduction to jurisprudence
This document provides an introduction to the subject of jurisprudence. It defines jurisprudence as the study of general theoretical questions about the nature of law and legal systems. It discusses what jurisprudence is, who should study it, and why it is important to study. Specifically, it notes that jurisprudence involves examining questions about the relationship between law, morality, and justice. Studying jurisprudence helps students better understand law, its underlying ideas and impacts. The document also outlines different philosophical perspectives in jurisprudence like naturalism and positivism. It emphasizes that jurisprudence considers abstract and theoretical legal questions in various contexts.
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Silbey klegalcon
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Debate on the Quality of Judicial Decisions (from Theory to Practice)
ABSTRACT : The judicial decision is much more than compliance with legal norms, the judicial production of the law itself is present.
There are methods to optimize judgment by granting it reliability, but the study-debate on optimization mechanisms have been continually
disregarded. The process of judicial decision-making is one of the most complex, since this decision escapes in its essence the Theory and
Philosophy of Law and fits more deeply into the intimacy of the "agent" of the decision whose universe is to be understood. The authority it
judges fulfils a duty of State and at the same time exercises a flexible part of its own obligations and limits in the isolation of its
individuality and under the flow of procedures that hang between the content of the decision and its formal externalization, the
judgment.The theme of the judicial decision on which this reflection intends to delimit the epistemic fields that law faces: the problem of
unlimited space that contemplates the debate on the rational production of decisions and aims to contribute to the advancement of the bases
of theoretical and practical rigor necessary for the constitution of a Theory of Judicial Decision. This research seeks to visualize the
growing, complex and sophisticated context in which Western democracies have witnessed the increase of rational demands for the
improvement of human rights guarantee institutions.
KEYWORDS: Secrecy of Justice, Freedom, Ethics, Judicial Decision, Performance Indicators of Judicial Decision (KPi's).
Judge Posner on Professionalisms
Judge Posner argues that professionalism in the legal field has increased in recent years through greater specialization and rational employment practices. The legal profession has become less dependent on mystique and more focused on deploying specialized knowledge. Hierarchy within law firms and the judiciary has increased to allow for more specialization. While professionalism is growing in law and other fields like the military, political factors have prevented legal practice from achieving the level of professionalism Posner believes is possible. Overall, Posner argues the law is in a transitional phase and must overcome limitations to become a true profession.
Nature of the Legal Doctrine
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The document discusses legal research paradigms, noting that paradigms determine what topics are suitable to study and what methodologies are acceptable. It identifies doctrinal legal research as the accepted paradigm for lawyers. Doctrinal research involves the analysis of legal rules and texts to formulate legal doctrines. Finally, the document argues that legal research has both herm
Running Head ETHICAL SYSTEMS AND ETHICAL DILEMMAS 13.docx
Running Head: ETHICAL SYSTEMS AND ETHICAL DILEMMAS 1
3
Running Head: ETHICAL SYSTEMS AND ETHICAL DILEMMAS
Ethical Systems and Ethical Dilemmas
EMCJ:513:02
Mr. Addison
October 31, 2018
Chapter 2
The process solving ethical dilemmas in law enforcement requires a comprehensive rationale that justifies the right from wrong with respect to decision-making process. This means that the policy makers, officers and other stakeholders should a clear understanding of the normative theories and systems of ethics. Therefore, this paper seeks to identify and analyze the ethical theories and they influence the processes of criminal justice and law enforcement in the United States by focusing on the normative theories and systems.
There are various philosophical systems that are utilized while making a decision. These systems use theories such as the normative ethics, Meta ethics and applied ethics. This section will put a major focus on the Normative theories which are typically concerned with the ethical systems related to the norms standards and or, criteria that the address on the principles of ethical behavior (Evans and Macmillan 2014, p.27). Normative theories of ethics are further divided into utilitarianism, virtue ethics, egoism, and ethics of care, deontology, natural law, divine command theory, and moral relativism, Rawls’s theory of justice and social contract theory. These theories help individuals to make informed decisions when faced with major ethical dilemmas.
To begin with, Utilitarian Ethics are majorly concerned with the ethical decisions and the consequences that accompany these decisions. In a nutshell, this theory is best described as a consequential or teleological theory because it stipulates that the consequence of an action is the determinant of it being moral or not. According to Jeremy Bentham (1748-132), the principles that illustrate utility focus on measuring maximum pleasure with respect to minimum pain which means pleasure is preferred over pain (Sandel, 2010). However, there is a reconsideration concerning the principles of utilitarianism as proposed by John Stuart Mill who suggests that sensual should expound further into the mental pleasure such as literature, friendship and music (Hinman, 2013). This brings out the difference between happiness and pleasure as: happiness relates to mental senses while pleasure relates to the bodily pleasures such as sex and food; pleasure is short-term whereas happiness is long-term; both can be looked at and happiness can encompass both pleasure and pain. The theory of utilitarianism is formulated by act and rule utilitarianism respectively. This theory helps the law enforcement officers on the notion for need for discretion while making exigent decisions and evaluates the consequences of their actions.
The Kantian logic or Deontological theory is an ethical system concerned with the obligations and duties of an individual. This theory was developed by Immanuel.
What is the dual-court system Why do we have a dual-court system in.docx
What is the dual-court system? Why do we have a dual-court system in America? Could the drive toward court unification eventually lead to a monolithic court system? Would such a system be effective?
Judges have specific philosophical rationales and sentencing guidelines when providing a judgment over presented facts. If you were a judge, what would be your sentencing goals and philosophical rationales? Why? Can you envision any circumstances that might make your guidelines or sentencing goals change? Why? Provide an example of a situation that might be extremely difficult to judge that could put you as a judge in a situation to change your sentencing goals or philosophical rationales.
o you agree that for police action to be just, it must recognize the rights of individuals while at the same time hold them accountable to the social obligations defined by law? Support your position.
Have the courts provided adequate protection to citizens against overzealous police officers? In which areas of search and seizure and interrogation law do you think the courts have not gone far enough? In which areas do you think the courts have gone too far? Support your answers.
.
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Topic Top Five- "Legal Rhetoric"
- 1. LEGAL RHETORIC A Topic Top 5 Presentation By Flen Mobley
- 2. 1)What Is Legal Rhetoric? 2)Who Uses It? 3)Why Does It Matter? 4)Criticism 5)Supplemental Information (Presenter’s Choice)
- 3. What Is It? Based on Aristotle’s treatise on rhetoric, Legal Rhetoric can be defined as the use of persuasion and language with reasoning and credibility in a context of law or justice.
- 5. WHO USES IT?
- 7. JUDGES LAWYERS LAWMAKERS JURORS
- 8. Basically those that are involved in law, trials, the legislative, and judicial systems
- 9. So What? Why Does It Matter?
- 10. Law is used to govern behavior and mediate relations in societY
- 11. The concepts of justice and fairness are Considered important in society
- 12. As an example, think of high profile court cases (especially those involving celebrities or issues such as race) and the public’s reaction to verdicts.
- 13. Communication is obviously quite critical in a courtroom, especially for lawyers using persuasion
- 14. Something as simple as a term’s meaning and the understanding of it can be significant
- 15. ARGUMENTS Some scholars in schools of law see more benefit in rhetorical alternatives in counter to narrow formalist perspectives on how law works and how cases are decided.
- 16. Because of the importance of law in our society you should acquire at least a basic familiarity with documents such as the U.S. Constitution and the way of the legal and justice systems, especially the Supreme Court.
- 17. Also become familiar with the trial process and certain terms and standards such as beyond reasonable doubt, which is the highest standard of proof that must be met by the prosecution to convict a defendant.