People of State of California

Jun 22nd, 2015
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University of Minnesota - Twin Cities
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The constitution of the state of California adopted in 1879, in article 1, 8, provides as follows: "Offenses heretofore required to be prosecuted by indictment, shall be prosecuted by information, after examination.

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Studying and Teaching Law as Rhetoric: Between Reason and PowerLinda L. BergerAbstract:This article enters the current debate about whether judicial decision making is based primarily on politics and ideology with a proposal from the middle ground between formalism (judges decide cases by applying rules to facts) and realism (judges decide hard cases based on personal political views and predispositions). For legal education in particular, the article proposes that rhetorical alternatives may serve as a strong counter to narrowly formalist and realist perspectives and thus allow law students to find a better fit within the legal culture of argument. As support for the proposal, the article describes and evaluates an upper-level elective in Law & Rhetoric, and it makes a two-part argument. First, introducing law students to rhetorical alternatives allows them to envision their role as lawyers as constructive, effective, and imaginative while grounded in law, language, and reason. Second, offering rhetorical alternatives allows law professors to enrich their own study and teaching and to develop a more nuanced understanding of the law school classroom as a rhetorical community. Set next to popular depictions of formalism and realism (which live on, despite much criticism), rhetorical alternatives would look at how the law works by exploring the meaning-making process through which the law is constituted as human beings located within particular historical and cult

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