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Original Articles

Instantiating “the law” and its dissents in Korematsu v. United States: A dramatistic analysis of judicial discourse

Pages 1-24 | Received 24 Aug 1999, Accepted 06 Feb 2000, Published online: 05 Jun 2009
 

Abstract

In the case of Korematsu v. United Stales, the U.S. Supreme Court declared that excluding Japanese‐Americans from the East Coast following the Bombing of Pearl Harbor was not unconstitutional. This essay extends Kenneth Burkes brief dramatistic analysis of the case to show that the chief rhetorical work of this and other judicial opinions involves the strategic representation of a plethora of acts‐from the acts that give rise to the case to the judicial act of decision itself. Such representations are complex because they are constrained by the “grammar of motives” both within and between the represented acts.

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