Evolution of the Judicial Opinion: Institutional and Individual Styles

Evolution of the Judicial Opinion: Institutional and Individual Styles

by William D. Popkin
     
 

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ISBN-10: 0814767265

ISBN-13: 9780814767269

Pub. Date: 10/01/2007

Publisher: New York University Press

In this sweeping study of the judicial opinion, William D. Popkin examines how judges' opinions have been presented from the early American Republic to the present. Throughout history, he maintains, judges have presented their opinions within political contexts that involve projecting judicial authority to the external public, yet within a professional legal

Overview

In this sweeping study of the judicial opinion, William D. Popkin examines how judges' opinions have been presented from the early American Republic to the present. Throughout history, he maintains, judges have presented their opinions within political contexts that involve projecting judicial authority to the external public, yet within a professional legal culture that requires opinions to develop judicial law through particular institutional and individual judicial styles.

Tracing the history of judicial opinion from its roots in English common law, Popkin documents a general shift from unofficially reported oral opinions, to semi-official reports, to the U.S. Supreme Court's adoption in the early nineteenth century of generally unanimous opinions. While this institutional base was firmly established by the twentieth century, Popkin suggests that the modern U.S. judicial opinion has reverted—in some respects—to one in which each judge expresses an individual point of view. Ultimately, he 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.

Product Details

ISBN-13:
9780814767269
Publisher:
New York University Press
Publication date:
10/01/2007
Edition description:
New Edition
Pages:
301
Sales rank:
965,111
Product dimensions:
6.00(w) x 9.00(h) x 0.81(d)

Table of Contents

Introduction
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

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