Anti-Choice & Amicus Curiae Briefs
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The purpose of this research is to examine the effectiveness of abortion-related argumentation theories as applied to amicus curiae briefs filed with the U.S. Supreme Court in landmark abortion cases. The plan of the research will be to set forth the methodology of argumentation used by selected academic rhetoricians in the initial chapter, and in succeeding chapters to compare analyses of so-called pro-life (anti-choice) rhetoric with the content of anti-choice amicus curiae briefs; to compare analyses of pro-choice rhetoric with the content of pro-choice briefs; and to discuss in comparative form the results of the analyses--all with a view toward evaluating in heuristic terms whether and to what extent the specialized legal arguments that amicus curiae briefs demand match, conform to, or reflect the broad theories of communication. It is anticipated that such evaluation may sight the relevant scope and limit of broad-based argumentation analysis as applied to a specific political or social situation.Although the United States Supreme Court's decision in Roe v. Wade made legal access to abortion the law of the land as of 1973, the war of words that preceded the decision has dogged it in a variety of ways since that time. Because the abortion decision is weighted with moral and cultural as well as psychological predicates, because dramatically antagonistic perspectives of abortion as such and the decision for abortion inform debate on the issue, and because the abortion deb
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t human life while investing women and doctors with the constitutionally protected right to exterminate it" (198). However, it was in this gap that the rhetoric of abortion advocacy raged during the period that Roe v. Wade was under consideration by the Court--and into this gap that legislative, judicial, and social advocacy for and against abortion rights plunged after 1973. It is because Court opinion appears to be a rhetorical strategy informed by the rhetorical strategies of issue advocates that Hagan's analysis has foundational relevance for the present study.
The rhetoric of antiabortion advocates has intrigued a number of analysts. Solomon's examination of what she calls "the continuity motif" among so-called right-to-life (RTL) partisans looks at the Weltanschaunng informing the intragroup mobilization strategy of Right to Life, as of 1980 the most famous antiabortion advocacy group in the US. The moral-ethical world view articulated in RTL literature is directed at sympathetic readers, whether formal members or not, the group's publicly stated objective that of "activating existing support rather than changing minds" (Solomon 52). Solomon cites the rhetorical dilemma posed to RTL by Roe v. Wade decision. Before 1973, the
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Approximate Word count = 3789
Approximate Pages = 15 (250 words per page)
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