Making the case : the art of the judicial opinion /

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Bibliographic Details
Author / Creator:Kahn, Paul W., 1952- author.
Imprint:New Haven : Yale University Press, ©2016.
Description:xvii, 238 pages ; 22 cm
Language:English
Subject:
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/10739801
Hidden Bibliographic Details
ISBN:9780300212082
0300212089
Notes:Includes bibliographical references (pages 181-229) and index.
Summary:Writing in the tradition of Karl Llewellyn's classic The Bramble Bush, Paul Kahn speaks in this book simultaneously to students and scholars. Drawing on thirty years of teaching experience, Kahn introduces students to the deep, narrative structure of the judicial opinion. Learning to read the opinion, the student learns the nature of legal argument. Thus Kahn's exposition of the opinion simultaneously offers a theory of legal meaning that will be of great interest to scholars of law, humanities, and the social sciences. At the center of Kahn's approach are ideas of narrative, persuasion, and self-government. His sweeping account of interpretation in law offers innovative views of the nature of authorship, the development and decline of doctrine, and the construction of facts.
Review by Choice Review

Appellate court opinions are traditionally viewed for their significance as precedents that shape the behavior of a variety of actors, both in and out of the legal system. Kahn (Yale Law School) presents a humanist perspective of the judicial opinion as an art form, akin to works of philosophy and music. The book is grounded in the idea that judicial opinions should be read in full and evaluated for their persuasiveness, in the sense that they represent a form of democratic self-governance common to Americans. Kahn seems to have two main audiences: law students and social scientists. The volume presents a compelling case for why law students should read and evaluate opinions in the manner advocated in the book. Kahn is less successful regarding social scientists. Instead of seriously engaging with the large body of social science scholarship that takes judicial opinions seriously, the book is written as if social science approaches to the law and judicial opinions have not changed in decades. Nonetheless, it offers insights on the importance of collaboration between humanist and social science legal scholars. Summing Up: Recommended. Graduate students; faculty. --Paul M. Collins, University of Massachusetts, Amherst

Copyright American Library Association, used with permission.
Review by Choice Review