Legal and non-legal deciders draw on different but overlapping argument forms.
Evidence
The available forms of argument are different for those deciders who are confined to legal argument-like government officials sometimes are-and those who are not. Sometimes, as in the confirmation example, the forms of legal argument (here, the text) will direct the decider to enlarge her list. And sometimes those deciders who are not so limited-the People, for example-will wish to consult the specifically legal forms, as I shall discuss below. — Philip Chase Bobbitt, Reflections Inspired by My Critics, 496
Categorization
- SEED: An essay angle: how the audience of legal argument shapes which argument forms count as legitimate.
- XREF: connects to: Judicial opinions typically provide legal support for decisions reached on nonlegal grounds — Frederick Schauer, Thinking Like a Lawyer, 320; Persuasion by past reasoning is not the same as obeying precedent. — Frederick Schauer, Thinking Like a Lawyer, 66; I further believed that journalists, and citizens generally, could make use of these forms of legal argument, although they were not confined to legal argument in making constitutional decisions as were government officials. The constitutional discourse of which the people were an essential part could be enriched by legal argument, and judicial decisions need not be either ignored or passively accepted. (+5 more)
Related
- I further believed that journalists, and citizens generally, could make use of these forms of legal argument, although they were not confined to legal argument in making constitutional decisions… (similarity 0.90)
- For me, the use of the six forms of constitutional argument is the way we decide constitutional questions in the American legal culture. The use of these six forms maintains the legitimacy of… (similarity 0.85)
- Constitutional argument and constitutional discourse are distinct activities with different boundaries. (similarity 0.84)
- A constitutional grammar lets nonjudicial actors reason legally about constitutional questions. (similarity 0.83)
- Forms of constitutional argument are validated by their presence in practice, not by approval (similarity 0.81)
- Constitutional interpretation and constitutional discourse are distinct practices. (similarity 0.80)
- Opinion arguments rationalize decisions rather than explain how they are reached. (similarity 0.80)
- Judicial opinions typically provide legal support for decisions reached on nonlegal grounds (similarity 0.80)
- Balkin and Levinson conclude that I must either accept whatever is practiced or abandon my pose as simply a descriptive observer. These descriptions depend on several assumptions that I do not… (similarity 0.80)
- and their presence in our political discourse does not require us to deny them legitimacy or to corrupt our forms of decision according to law. American constitutional law can be a profoundly… (similarity 0.78)
- US constitutional argument forms derive from common-law modes overlaid on the state. (similarity 0.78)