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How to Do Things with Legal Doctrine$
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Pierre Schlag and Amy J. Griffin

Print publication date: 2020

Print ISBN-13: 9780226726106

Published to Chicago Scholarship Online: May 2021

DOI: 10.7208/chicago/9780226726380.001.0001

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Frames and Framing

Frames and Framing

(p.31) 2 Frames and Framing
How to Do Things with Legal Doctrine

Pierre Schlag

Amy J. Griffin

University of Chicago Press

In this chapter, we are concerned with the recurrent aesthetic frames that lawyers and judges use to give facts and law a certain legal attitude. As will be seen, the choice of frame often has a significant legal and rhetorical effect on the legal conclusions reached. So the choice of frames is outcome-sensitive. We will also discuss three familiar framing options key to the construction of the factual transaction to be submitted to legal analysis: Broad vs. Narrow Time Frames, Segmented vs. Continuous Transactions, Action vs. Omission, and Level of Abstraction. In addition to these familiar framing options three other aspects of framing will be discussed: Entry Framing (Pre-figuration), The Theater Metaphor (Kenneth Burke’s Dramatistic Method), and Exit Framing (Abandonment).

Keywords:   aesthetic frames, lawyers and judges, The Theater Metaphor

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