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.
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.
Available at: https://scholarship.law.missouri.edu/mlr/vol69/iss1/7