The judicial dialogue |
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Authors: | Richard D. Rieke |
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Affiliation: | (1) Department of Communication, University of Utah, 84112 Salt Lake City, UT, U.S.A. |
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Abstract: | A variety of theoretical positions are emerging to explain the judicial process from such perspectives as hermeneutics, semiotics, critical theory and argumentation/rhetoric. They ask such questions as these: What is the source of judicial authority? How do judges arrive at their decisions? By what logic are decisions to be tested? In this essay I argue that a focus on decisions and their justifications alone masks the broader process in which judges, along with all the other relevant groups, engage in a continuing and evolving dialogue to structure their normative universe through the complementary processes of dialectic and rhetoric. Contemporary concepts of argumentation can serve to analyze this process critically. |
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Keywords: | Argumentation casuistry dialectic dialogue evolution hermeneutics narrative nomos reasoning rhetoric semiotics |
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