Judicial rhetoric, meaning-making, and the institutionalization of hate crime law.
A study was conducted to examine how the concept of hate crime has been transformed in judicial discourse from a broad ambiguous category to a focused determinate legal construct that has largely been accepted as a legitimate legal practice. Changes in judicial rhetoric across 38 appellate court op...
| Publicado en: | Law & Society Review Vol. 34; no. 3; pp. 567 - 607 |
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| Autores principales: | , |
| Formato: | Artículo |
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Wiley-Blackwell
2000
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=ssf&AN=511148124&site=ehost-live header: @attributes: shortDbName: ssf uiTerm: 511148124 longDbName: Social Sciences Full Text (H.W. Wilson) uiTag: AN controlInfo: bkinfo: jinfo: jid: 00239216 LSR jtl: Law & Society Review issn: 00239216 maglogo: N pubinfo: dt: 2000 vid: 34 iid: 3 pid: 480 pub: Wiley-Blackwell artinfo: ui: 511148124 10.2307/3115138 ppf: 567 ppct: 40 formats: fmt: – @attributes: type: T – @attributes: type: P size: 2.4MB tig: atl: Judicial rhetoric, meaning-making, and the institutionalization of hate crime law. aug: au: Phillips, Scott Grattet, Ryken su: Judicial process Sociological jurisprudence Statutory interpretation Hate crimes sug: subj: Judicial process Sociological jurisprudence Statutory interpretation Hate crimes ab: A study was conducted to examine how the concept of hate crime has been transformed in judicial discourse from a broad ambiguous category to a focused determinate legal construct that has largely been accepted as a legitimate legal practice. Changes in judicial rhetoric across 38 appellate court opinions that consider the constitutionality of hate crimes from 1984 to 1999 were analyzed, and a theoretical framework for analyzing the “settling” of legal meaning was developed. It was revealed that the meaning of hate crime that emerges across the series of cases is much richer and more nuanced than the words used in the statutes; and that the domain of hate crimes has expanded across the cases to include a broad range of behaviors and mental precursors. It was further noted that judges have, over time, developed a more economical and formulaic rhetoric for responding to petitioners' constitutional challenges to hate crime statutes and have converged around sets of arguments for negotiating challenges. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: N holdings: @attributes: islocal: N |
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