How Judges Speak: Some Lessons on Adjudication in Billy Budd, Sailor with an Application to Justice Rehnquist

Authors

• Richard H. Weisberg, Benjamin N. Cardozo School of LawFollow

Publication Date

4-1982

Journal

New York University Law Review

Abstract

The article examines how authority figures use language and procedural structures to shape outcomes in both literary and legal contexts, highlighting the tension between formal legal processes and true justice. Through a comparative analysis of Herman Melville's Billy Budd, Sailor and the Supreme Court case Paul v. Davis, the article argues that "considerate communication"—a subtle form of manipulation—can distort reality and undermine fairness in adjudication. It critiques legal systems that prioritize formality over substance, emphasizing how narrative techniques and rhetorical strategies in both literature and law can mask subjective biases and influence decisions.

Volume

57

Issue

1

First Page

1

Last Page

69

Publisher

New York University School of Law

Disciplines

Constitutional Law | Judges | Law | Legal Ethics and Professional Responsibility

Recommended Citation

Richard H. Weisberg, How Judges Speak: Some Lessons on Adjudication in Billy Budd, Sailor with an Application to Justice Rehnquist, 57 N.Y.U. L. Rev. 1 (1982).
https://larc.cardozo.yu.edu/faculty-articles/1261