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 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 (18991961)
“A church that can never have done with excommunicating Christ while it exists! Away with your broad and flat churches, and your narrow and tall churches! Take a step forward, and invent a new style of out-houses. Invent a salt that will save you, and defend our nostrils.”
—Henry David Thoreau (18171862)
“The old saying of Buffons that style is the man himself is as near the truth as we can getbut then most men mistake grammar for style, as they mistake correct spelling for words or schooling for education.”
—Samuel Butler (18351902)