Description
Book SynopsisExamines how judges' opinions have been presented from early American Republic onwards. Tracing the history of judicial opinion to its roots in English common law, this work concludes that a shift from an authoritative to a more personal and exploratory individual style of writing opinions is consistent with a more democratic judicial institution.
Trade Review"Evolution of the Judicial Opinion contains a wealth of historical information and empirically-based argument that provides the reader with a thorough discussion of how the contemporary approach to judicial opinion writing has developed. It will prove to be an indispensable reference" * Law and Politics book review *
"This work constitutes a perspicacious guide to recovering the vitality and importance of judicial opinions, and it offers recommendations forthe proper mission of judges within a changing legal culture. . . . Recommended." * Choice *
"There is no better book for conveying the hidden literary value in the judicial opinion of our time." -- Robert A. Ferguson,author of The Trial in American Life
Table of ContentsIntroduction 1 The English Tradition and Its Evolution 2 The United States Founding: Creation of a Judicial Institution 3 Institutional Style in the 19th Century: U.S. Supreme Court 4 Institutional Style in the 19th Century: States 5 Contemporary United States Practice: Institutional Style 6 Contemporary United States Practice: Individual Style Postscript Appendices Notes Index About the Author
