Abstract

http://ssrn.com/abstract=1929569
 


 



Not Mere Rhetoric: On Wasting or Claiming Your Legacy, Justice Scalia


Marie A. Failinger


Hamline University - School of Law

January 1, 2003

University of Toledo Law Review, Vol. 34, p. 425, 2003

Abstract:     
The thesis of the article is that the Court’s enterprise is centered on preserving community through an ethics of warranted trust, and that Scalia’s rhetoric often rejects such an ethic. A modern democratic citizen, along with his whole community, instead finds himself in the situation of necessary trust in democratic institutions like the Supreme Court. The willingness of a political community ultimately to place its trust in authority is partially dependent on that authority’s commitment to, and skill at, creating a convincing argument. The practice of rhetoric recognizes the dynamics of a relation of trust: the rhetor must put his or her own character up for judgment, he or she must create a situation of warranted trust by doing the homework on the matter at hand which Aristotle labeled invention, and he or she must demonstrate respect for the personhood—sacredness, if you will—of those who constitute his audiences by paying attention to who they are and what matters to them.

Number of Pages in PDF File: 84

Keywords: Justice Scalia, Supreme Court Justices, rhetoric

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Date posted: November 5, 2011  

Suggested Citation

Failinger, Marie A., Not Mere Rhetoric: On Wasting or Claiming Your Legacy, Justice Scalia (January 1, 2003). University of Toledo Law Review, Vol. 34, p. 425, 2003. Available at SSRN: http://ssrn.com/abstract=1929569

Contact Information

Marie A. Failinger (Contact Author)
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
(651) 523-2124 (Phone)
(651) 523-2236 (Fax)
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