Abstract
The threefold purpose and structure of this Article is as follows. First, in Part II, before plunging into Judge Posner’s dissenting opinions, I search for a preliminary description of the praxis of modern American dissenting opinion style by drawing upon previous legal scholarship and examples of judicial dissents; this discussion will include an examination of some relevant scholarly writings on opinion style by Judge Rischard A. Posner himself. In Part III, I analyze the published dissenting opinions written by Judge Posner during 1981-1991, evaluating the stylistics of these dissents including his sophisticated use of rhetorical devises. Finally, in Part IV I offer some conclusions about Judge Posner’s early dissenting opinion style, and comment on the implication of my study for understanding the aesthetics of dissenting opinions.
Recommended Citation
Robert F. Blomquist,
Dissent, Posner-Style: Judge Richard A. Posner's First Decade of Dissenting Opinions, 1981-1991 - Toward an Aesthetics of Judicial Dissenting Style,
69 Mo. L. Rev.
(2004)
Available at: https://scholarship.law.missouri.edu/mlr/vol69/iss1/7