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This essay explores the early history of the “separate but equal”; doctrine in nineteenth century legal and political argumentation. By employing ironic and tragic frames, the authors challenge the traditional, linear approaches to legal historirizing. Moving beyond legal texts, the authors investigate how various communities in antebellum Boston negotiated conflicting views about how to best advance the cause of civil rights, both inside and outside the courtroom. These early debates created a complex rhetorical culture, and they provided jurists with several possible interpretations of the terms “separate”; and “equal.”; The authors conclude that these early debates, and Lemuel Shaw's subsequent decision in Sarah C. Roberts v. The City of Boston (1849), provide readers with insightful illustrations of the irony and tragedy of the law. 相似文献
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Marouf Hasian Jr. 《Communication Studies》2013,64(3-4):299-319
This essay provides a close textual examination of the historic debates that took place in the mid‐1980s between former Attorney General Edwin Meese and former Supreme Court Justice William Brennan. These debates offered listeners contrasting positions on such politically and socially divisive issues as affirmative action, habeas corpus review, abortion, and reproductive rights. This essay utilizes some of the tools of genre criticism to explicate and defend the claim that the constitutional arguments advanced in the speeches of Meese and Brennan were presented in the form of “jeremiads” that had the potential to restrict or expand the range of policy alternatives available in coping with complex jurisprudence problems. The overarching goal of this essay is to improve our understanding of legal rhetoric in general and the judicial jeremiad in particular. 相似文献
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Marouf Hasian Jr. 《Quarterly Journal of Speech》2013,99(2):190-214
As members of the public and private sphere, we are constantly intrigued by the question of the nature, scope, and limitations of dramatic appeals that are made to a higher justice that appears to exist along side the established order and the “rule of law.” While as Americans we often view ourselves as constitutionalists, obedient citizens who acknowledge the legitimacy of the positive laws instantiated through the decisions of the government, at the same time we are mesmerized by the words and deeds of revolutionaries who have been willing to shed blood in the name of a higher law. Using the John Brown trial as a case example, the essay argues that our jurisprudential norms are co‐produced by both text writers and their audiences. By adapting a performative stance, we can perhaps gain a better understanding of the selectivity and inventiveness involved in legal decision making. 相似文献
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This article adopts a heterotopological approach to the spatial organization of the National September 11 Memorial and Memorial Museum. We argue that although numerous organizational stakeholders, such as the families of 9/11 victims, the Lower Manhattan Development Corporation, the New York Police Department, and the Port Authorities, had monolithic propositions about how to commemorate 9/11, the National September 11 Memorial and Museum ended up transforming into a heterotopic space marked by contestations, juxtapositions, and contradictions. Although many wanted to simply tell a unified tale about heroism and resilience, the social constructions of Ground Zero space have resisted monolithic historical accounts of remembrance despite the influential forces of utopian visions. This analysis contributes to the study of spatial and mnemonic representations by demonstrating the uses of heterotopology as a heuristic tool for unpacking polysemic and polyvalent spaces of commemoration that may otherwise appear consensual and monoglossic. 相似文献
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Marouf Hasian 《Critical Studies in Media Communication》2013,30(3):338-358
–This essay focuses attention on some of the polysemic and polyvalent dimensions of Spielberg's Saving Private Ryan. The author argues that this film needs to be viewed as an intertextual fragment, where audiences, rhetors, and critics co-produce their interpretations of the rhetorical meaning of D-Day and the “Good War.” The essay advances the argument that critical memory studies help us understand how various representations and absences in the film allow for a number of different nostalgic and oppositional readings of the film. Because of the ambiguous nature of this cinematic representation, both supporters and detractors could claim that this was a realistic film that supported their own views on warfare. 相似文献
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Marouf Hasian Jr. 《Communication quarterly》2013,61(2):154-173
This essay provides a rhetorical analysis of the third FDR administration's handling of information on the Holocaust during World War II, and the memories that we have of those events. The author contends that a study of key rhetorical histories shows how President Roosevelt and his advisers had a great deal of information about Hitler's Final Solution, and that they were not as indifferent as we have made them out to be. Between 1940 and 1944, FDR's administrators decided to treat the winning of the war as the ultimate form of rescue, but the purveyors of today's rescue rhetorics contend that Roosevelt's supporters neglected to consider alternate plans for massive rescue missions or negotiations with the enemy. 相似文献
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This paper offers a critical rhetorical analysis of the counterterrorist arguments that were presented by 9/11 families and their representatives when they sued Saudi Arabians for their role in the 11 September 2001 terrorist attacks. By drawing from Foucault’s concept of governmentality, and by extending the work of critical security studies scholars who critique populist support for the Global War on Terrorism, the authors argue that supporters of the eventual passage of a bill known as the Justice Against Sponsors of Terrorism Act were able to interrogate official notions of <sovereign immunity>. By taking advantage of their social capital, their victimage status that was based on their traumatic experiences, and their moral authority, empowered 9/11 family members allowed the National September 11 Memorial and Memorial Museum to function as a governmentality that helped produce contested public memories and particular types of subjectivities. Visitors and defenders of this hallowed site were invited to become freedom fighters who vigilantly engaged in counterterrorist practices by questioning more official historiographies and public memories of 9/11 as they sued Saudi conspirators. 相似文献
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ABSTRACT The authors deploy a critical cultural critique that extends the work of monstrosity scholars and other researchers who are interested in the application of zombie apocalypse analyses to critiques of contemporary nationalistic and social controversies. World War Z sets in motion a series of cinematic dynamics that invite audiences to consider how Israeli securitization of Jerusalem might serve as the world's best hope for containing the zombie apocalypse. By decoding the “monstering” features World War Z, the authors note the heuristic value of understanding how the rhetoric of autoimmunity influences mediated perceptions of Israeli and Palestinian conflicts. 相似文献
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