Strategic Sensationalism: Why Justices Use Emotional Appeals in Supreme Court Opinions

IF 0.7 4区社会学 Q3 Social Sciences

Justice System Journal Pub Date : 2019-10-02 DOI:10.1080/0098261X.2019.1672597

Christopher N. Krewson

引用次数: 2

Abstract

Abstract Why do justices use emotional appeals in their opinions? I explain this strategic decision using a theory based on conflict and audience. In non-salient cases, justices primarily speak to legal audiences. As cases become more salient, justices also cater to increasingly relevant non-legal audiences. This is especially true for dissenters, who seek to expand conflict and mobilize opposition through the use of emotional appeals when they find themselves in the losing coalition. My results confirm these expectations. They suggest that justices are engaged in a policy battle that does not end upon publication of Supreme Court opinions. Each coalition continues to fight for their position through the content of opinions they write, by playing to the strengths and biases of relevant audiences.

查看原文本刊更多论文

策略性哗众取宠:为什么法官在最高法院意见中使用情感上诉

摘要:法官为何在判决书中使用情感诉求?我用基于冲突和受众的理论来解释这个战略决策。在不重要的案件中，法官主要对法律听众讲话。随着案件变得越来越突出，法官也会迎合越来越相关的非法律受众。对于持不同政见者来说尤其如此，当他们发现自己处于失败的联盟中时，他们会寻求扩大冲突，并通过使用情感诉求来动员反对派。我的研究结果证实了这些预期。它们表明，法官们正在进行一场政策之争，这场斗争不会随着最高法院发表意见而结束。每个联盟继续通过他们所写的观点的内容，通过发挥相关受众的优势和偏见来争取自己的立场。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

求助全文

约1分钟内获得全文求助全文

来源期刊

Justice System Journal LAW-

CiteScore

0.90

自引率

14.30%

发文量

期刊介绍： The Justice System Journal is an interdisciplinary journal that publishes original research articles on all aspects of law, courts, court administration, judicial behavior, and the impact of all of these on public and social policy. Open as to methodological approaches, The Justice System Journal aims to use the latest in advanced social science research and analysis to bridge the gap between practicing and academic law, courts and politics communities. The Justice System Journal invites submission of original articles and research notes that are likely to be of interest to scholars and practitioners in the field of law, courts, and judicial administration, broadly defined. Articles may draw on a variety of research approaches in the social sciences. The journal does not publish articles devoted to extended analysis of legal doctrine such as a law review might publish, although short manuscripts analyzing cases or legal issues are welcome and will be considered for the Legal Notes section. The Justice System Journal was created in 1974 by the Institute for Court Management and is published under the auspices of the National Center for State Courts. The Justice System Journal features peer-reviewed research articles as well as reviews of important books in law and courts, and analytical research notes on some of the leading cases from state and federal courts. The journal periodically produces special issues that provide analysis of fundamental and timely issues on law and courts from both national and international perspectives.