The rhetorical boundaries of ‘the law’: A consideration of the rhetorical culture of legal practice and the case of the ‘separate but equal’ doctrine

Hasian, Marouf; Condit, Celeste M.; Lucaites, John Louis

doi:10.1080/00335639609384161

Cited by 23 publications

(14 citation statements)

References 33 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Instead of treating judicial decisions as inviolable, advocates for reproductive rights could insist on speaking about the lives, the liberty, and the equality of women. ''In a representative form of government,' ' Hasian, Condit, and Lucaites (1996) noted, ''the law can only function effectively within the rhetorical boundaries set up by a public vocabulary. The law flows from public discourse.…”

Section: Resultsmentioning

confidence: 99%

The Rhetoric ofRoe v. Wade: When the (Male) Doctor Knows Best

Gibson

2008

Southern Communication Journal

View full text Add to dashboard Cite

Section: Resultsmentioning

confidence: 99%

The Rhetoric ofRoe v. Wade: When the (Male) Doctor Knows Best

Gibson

2008

Southern Communication Journal

View full text Add to dashboard Cite

“…To solidify it further. But because everyday life is a force in motion and a class of forces that never fully reveal themselves, law can never full capture or organize the everyday, (p. 7) Yet as Hasian, Condit, and Lucaites (1996) argued in their analysis of the "separate but equal" doctrine, this theoretical focus on our legal "rhetorical culture" must also take into account the constraints that are placed in the path of those who would radically alter existing judicial structures.…”

Section: The Structures and Functions Of Vernacular Legal Rhetoricsmentioning

confidence: 97%

Silences and articulations in modern rhetorical criticism

Hasian

2001

Western Journal of Communication

Self Cite

View full text Add to dashboard Cite

“…This scholarship has been useful in creating sensitivity to ''extra-judicial contexts'' (Hasian, Condit, & Lucaites, 1996) and deepening our understanding of how elements of the rhetorical canon shape the inventional possibilities of legal decision making. William Lewis (1991Lewis ( , 1994, for example, used narrative as a trope for characterizing legal discourse, and several scholars have examined various forms of legal argument (for example, Fjelstad, 1994;O'Rourke, 1994).…”

Section: Theories Of Legal Changementioning

confidence: 99%

Law as Father: Metaphors of Family in Nineteenth-Century Law

Harris

2010

Communication Studies

View full text Add to dashboard Cite

Although metaphor is commonly recognized as an important force in public discourse, this article argues that a subtle shift in metaphor is part of what can create the inventional possibilities for legal change. This article focuses on subtle shifts in judicial appeals to coverture, which were an important part of the struggle for nineteenth-century women's rights. Coverture was the concept in which women were legally and politically ''covered'' by the male head of household. This article argues that changes in coverture were enabled through a subtle shift in legal language, where the metaphor of family-as-government came to be replaced by the metaphor of government-as-family. This movement is traced through the case studies of spousal abuse law, child custody law, and juvenile court.There is not one set path for disempowered groups to attain full citizenship in the United States. Struggles over civil and political rights have included violence and nonviolence, deliberative debates and epidictic performance, and legislative and legal advocacy. During the nineteenth century, abolitionists, civil rights activists, and women's rights activists utilized each of these avenues in an attempt to become full citizens, conceiving of a broad understanding of citizenship that extended beyond voting rights to the lived reality of the human experience.Although the nineteenth-century fight for women's rights is often remembered as a fight for suffrage, in the nineteenth century, women's legal rights in the family were often conceptualized as a primary site of struggle.

show abstract

The rhetorical boundaries of ‘the law’: A consideration of the rhetorical culture of legal practice and the case of the ‘separate but equal’ doctrine

Cited by 23 publications

References 33 publications

The Rhetoric ofRoe v. Wade: When the (Male) Doctor Knows Best

The Rhetoric ofRoe v. Wade: When the (Male) Doctor Knows Best

Silences and articulations in modern rhetorical criticism

Law as Father: Metaphors of Family in Nineteenth-Century Law

Contact Info

Product

Resources

About