Ebooks for the Classroom+Faculty

Making the Case: The Art of the Judicial Opinion
ISBN: 9780300220841
Platform/Publisher: Oxford Academic / Yale University Press
Digital rights: Users: Unlimited; Printing: Unlimited; Download: Unlimited
Subjects: Constitutional and Administrative Law;

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.