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Robert Hariman - Popular Trials: Rhetoric, Mass Media, and the Law

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Contemporary scholarship illustrates the laws increasingly powerful role in American life; legal education, in turn, has focused on the problems and techniques of communication. This book addresses these interests through critical study of eight popular trials: the 17th-century trial of Dr. Henry Sacheverell, and the 20th-century trials of Scopes, the Rosenbergs, the Chicago Seven, the Catonsville Nine, John Hinckley, Claus von Bulow, and San Diego Mayor Larry Hedgecock. Such trials spark major public debates, become symbols of public life, and legitimize particular beliefs and institutions. Despite high visibility and drama, however, the popular trial has not received sufficient study as persuasive event. Lying at the intersection of the institutional practices of law and the mass media, the popular trial has confounded study according to the conventional assumptions of scholarship in both law and communication studies. This volume defines popular trials as a genre of public communication, a genre that includes trials unusually prominent within public discourse. Further, popular trials are often characterize by special media presentations through televised coverage of the trial itself and news analysis, intense audience identification with the principal actors, and political and social consequences independent of the legal action. The essays in this volume stress the rhetorical functions of popular trials. Contributors in addition to the editor include Lawrance M. Bernabo, Barry Brummett, Celeste Michelle Condit, Juliet Dee, Susan J. Drucker, J. Justin Gustainis, Janice Platt Hunold, William Lewis, John Louis Lucaites, and Larry A. Williamson.

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title Popular Trials Rhetoric Mass Media and the Law Studies in - photo 1

title:Popular Trials : Rhetoric, Mass Media, and the Law Studies in Rhetoric and Communication
author:Hariman, Robert.
publisher:University of Alabama Press
isbn10 | asin:0817306986
print isbn13:9780817306984
ebook isbn13:9780585273068
language:English
subjectTrials--United States, Mass media--Law and legislation--United States, Persuasion (Psychology)
publication date:1990
lcc:KF220.P67 1990eb
ddc:345.73/7
subject:Trials--United States, Mass media--Law and legislation--United States, Persuasion (Psychology)
Page i
Popular Trials
Page ii
STUDIES IN RHETORIC AND COMMUNICATION
General Editors:
E. Culpepper Clark
Raymie E. McKerrow
David Zarefsky
"Hear O Israel":
The History of American Jewish Preaching, 16541970
Robert V. Friedenberg
A Theory of Argumentation
Charles Arthur Willard
Elite Oral History Discourse:
A Study of Cooperation and Coherence
Eva M. McMahan
Computer-Mediated Communication:
Human Relationships in a Computerized World
James W. Chesebro and Donald G. Bonsall
Popular Trials: Rhetoric, Mass Media, and the Law
Edited by Robert Hariman
Page iii
Popular Trials
Rhetoric, Mass Media, and the Law
Edited by Robert Hariman
The University of Alabama Press Tuscaloosa and London
Page iv
Copyright 1990 by The University of Alabama Press Tuscaloosa, Alabama 35487-0380 All rights reserved Manufactured in the United States of America
The paper on which this book is printed meets the minimum requirements of American National Standard for Information Science-Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984
First paperbound edition 1993
Library of Congress Cataloging-in-Publication Data
Popular trials : rhetoric, mass media, and the law / edited by Robert Hariman.
p. cm.
Bibliography: p.
Includes index.
ISBN 0-8173-0698-6
1. TrialsUnited States. 2. Mass mediaLaw and legislationUnited
States. 3. Persuasion (Psychology) I. Hariman, Robert.
KF220.P67Picture 21990
345.73'7-dc20
(347.3075) 89-33736
CIP
British Library Cataloguing-in-Publication Data available
Page v
Contents
Preface
vii
Introduction
1
1. Performing the Laws: Popular Trials and Social Knowledge
Robert Hariman
17
2. Constitutional Argument in a National Theater: The Impeachment Trial of Dr. Henry Sacheverell
John Louis Lucaites
31
3. Two Stories of the Scopes Trial: Legal and Journalistic Articulations of the Legitimacy of Science and Religion
Lawrance M. Bernabo and Celeste Michelle Condit
55
4. Constraints on Persuasion in the Chicago Seven Trial
Juliet Dee
86
5. Power, Knowledge, and Insanity: The Trial of John W. Hinckley, Jr.
William F. Lewis
114
6. The Claus von Bulow Retrial: Lights, Camera, Genre?
Susan J. Drucker and Janice Platt Hunold
133

Page vi
7. The Saga of Roger Hedgecock: A Case Study in Trial by Local Media
Larry A. Williamson
148
8. Crime as Rhetoric: The Trial of the Catonsville Nine
J. Justin Gustainis
164
9. Mediating the Laws: Popular Trials and the Mass Media
Barry Brummett
179
Notes
194
Bibliography
238
Contributors
251
Index
253

Page vii
Preface
This book began as a proposal for a research seminar convened at the 1985 convention of the Speech Communication Association. Since then the members of that group who stayed with the project have been joined by a few others who heard of their work. The project received funding for editorial assistance from the National Endowment for the Humanities Faculty Development Fund of the College of Arts and Sciences, Drake University. The process has been beset with the inevitable delays accompanying common work, but it has proved to be an economical response to the problems of studying a class of events each of which produces truckloads of data. I would like to express special appreciation to Kathleen Farrell, for her insights regarding the connections between this project and related scholarly programs, and to William Lewis, for his keen criticisms and sure sense of argument. I look forward to seeing this work augmented as other communication scholars recognize the persuasive power and cultural density of popular trials.
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