Style
There is a key stylistic difference between the U.S. on the one hand, and the UK and other common law countries on the other. In the U.S., the disposition of an appeal in a majority opinion is usually drafted in the present tense, so that the disposition is itself a performative utterance. That is, a U.S. court will say that "we affirm (or reverse)" the lower court's decision, or, "the decision of the is hereby affirmed (or reversed)." By saying so, the court actually does so.
In the UK and many other common law countries, the disposition in a majority opinion is phrased in the future tense. For example, the Justices of the Supreme Court of the United Kingdom end a majority opinion by stating that "I would dismiss the appeal" or "I would allow the appeal," while the Justices of the High Court of Australia end a majority opinion by stating that "the appeal should be dismissed" or "the appeal should be allowed." This makes little sense from the American perspective, since the appeal has already occurred.
American dissenting and concurring opinions are sometimes partially drafted in the future tense, since they are speaking in terms of hypothetical situations that will not actually occur, as opposed to what the majority is actually doing in its opinion. However, even dissenting opinions may end in a present tense performative utterance, which is usually some variation on the phrase "I respectfully dissent."
Read more about this topic: Majority Opinion
Famous quotes containing the word style:
“The difference between style and taste is never easy to define, but style tends to be centered on the social, and taste upon the individual. Style then works along axes of similarity to identify group membership, to relate to the social order; taste works within style to differentiate and construct the individual. Style speaks about social factors such as class, age, and other more flexible, less definable social formations; taste talks of the individual inflection of the social.”
—John Fiske (b. 1939)
“Switzerland is a small, steep country, much more up and down than sideways, and is all stuck over with large brown hotels built on the cuckoo clock style of architecture.”
—Ernest Hemingway (1899–1961)
“The authoritarian child-rearing style so often found in working-class families stems in part from the fact that parents see around them so many young people whose lives are touched by the pain and delinquency that so often accompanies a life of poverty. Therefore, these parents live in fear for their children’s future—fear that they’ll lose control, that the children will wind up on the streets or, worse yet, in jail.”
—Lillian Breslow Rubin (20th century)