Rhetorical Criticism of Legal Texts: Four Rhetoricians on Lochner v. New York
Hastings Constitutional Law Quarterly
Abstract
This Forum consists of four Essays which explore and analyze the rhetoric used in the Lochner opinions authored by Justices Peckham, Harlan, and Holmes. These Essays were inspired in part by Judge Richard Posner's Law and Literature: A Misunderstood Relation, and are offered to facilitate interdisciplinary dialogue between legal and rhetoric scholars on the ways legal rhetoric shapes our political and legal institutions.