Evolution of the Judicial Opinion
Institutional and Individual Styles
By (author) William D. Popkin
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Evolution of the Judicial Opinion by William D. Popkin
Book DescriptionIn 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.
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Book DetailsISBN: 9780814767269
(5830mm x 3895mm x 26mm)
Imprint: New York University Press
Publisher: New York University Press
Publish Date: 1-Oct-2007
Country of Publication: United States
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Author Biography - William D. Popkin
William D. Popkin is Walter W. Foskett Professor Emeritus of Law at Indiana University School of Law, Bloomington. He is the author of Statutes in Court: The History and Theory of Statutory Interpretation.
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