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Invention and Style in Earl Warren’s Legal Argumentation

Droessler, Thomas C.
http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1566297702058622

Abstract Details

1974, Doctor of Philosophy (Ph.D.), Bowling Green State University, Communication Studies.
It was the purpose of this study to rhetorically analyze Chief Justice Earl Warren's legal argumentation in Brown v. Board of Education, Reynolds v. Sims, Miranda v. Arizona, and Times Film Corp. v. Chicago. Each opinion was analyzed according to historical setting, constitutional issues, arguments and style. An evaluation of each opinion was also made. The inquiry into Warren's argumentation involved the discovery and identification of the rhetorical-legal reasoning, the universal lines of reasoning, and the primary sources of law. The investigation of his style involved an analysis of adaptation to audience and occasion and of the types of style found in the opinions. The Aristotelian method with adaptations was used to examine Warren's inventional aspects. Cardozo's classification system for the types of style found in appellate court opinions was applied to Warren's style. Consulting numerous legal authorities supplied the theory and context of judicial decision-making. Examining Perelman's writings furnished an understanding of rhetoric's relationship to law. The author reached four conclusions. First, Chief Justice Warren decided in all four selected Supreme Court cases to provide constitutional protection for the individual facing governmental power. Second, he relied upon extra-legal factors to complement his use of primary legal sources. Third, his style primarily was characterized by concrete diction, appropriate adaptation to audience and occasion, and little ornamentation. Finally, the Supreme Court under Warren courageously wrestled with numerous controversial issues with which previous Supreme Courts had not dealt.
Raymond Yeager (Advisor)
Communication

Recommended Citations

Citations

  • Droessler, T. C. (1974). Invention and Style in Earl Warren’s Legal Argumentation [Doctoral dissertation, Bowling Green State University]. OhioLINK Electronic Theses and Dissertations Center. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1566297702058622

    APA Style (7th edition)

  • Droessler, Thomas. Invention and Style in Earl Warren’s Legal Argumentation. 1974. Bowling Green State University, Doctoral dissertation. OhioLINK Electronic Theses and Dissertations Center, http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1566297702058622.

    MLA Style (8th edition)

  • Droessler, Thomas. "Invention and Style in Earl Warren’s Legal Argumentation." Doctoral dissertation, Bowling Green State University, 1974. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1566297702058622

    Chicago Manual of Style (17th edition)

bgsu1566297702058622
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