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:
“I concluded that I was skilled, however poorly, at only one thing: marriage. And so I set about the business of selling myself and two children to some unsuspecting man who might think me a desirable second-hand mate, a man of good means and disposition willing to support another man’s children in some semblance of the style to which they were accustomed. My heart was not in the chase, but I was tired and there was no alternative. I could not afford freedom.”
—Barbara Howar (b. 1934)
“I might say that what amateurs call a style is usually only the unavoidable awkwardnesses in first trying to make something that has not heretofore been made.”
—Ernest Hemingway (1899–1961)
“On the first days, like a piece of music that one will later be mad about, but that one does not yet distinguish, that which I was to love so much in [Bergotte’s] style was not yet clear to me. I could not put down the novel that I was reading, but I thought that I was only interested in the subject, as in the first moments of love when one goes every day to see a woman at some gathering, or some pastime, by the amusements to which one believes to be attracted.”
—Marcel Proust (1871–1922)