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The Facts of Law

Published online by Cambridge University Press:  23 October 2020

Extract

In Crippled America: How to make America great again (2015), Donald J. Trump writes, “The most important lesson is this—Stand behind your word, and make sure your word stands up'” His next paragraph begins, “I don't make promises I can't keep.” Trump seems to align his word with his promises here, but he immediately follows “I don't make promises I can't keep” with “I don't make threats without following through. Don't ever make the mistake of thinking you can bully me. My business partners and employees know that my word is as good as any contract—and that better go for the other side's word as well” (138). The “word” that “stands up” and “behind” which Trump stands is a weapon of defense against bullying. It is a threat by “me” (Trump) against “you” should your word turn out not to be, like Trump's word, “as good as any contract.” Even if Trump does not explicitly invoke the slang usage of “contract” (i.e., hiring an assassin to kill someone), he “follow[s] through” on his threats against “the other side,” whose word had “better” be as good as his.

Type
Theories and Methodologies
Copyright
Copyright © Modern Language Association of America, 2019

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References

Works Cited

Austin, J.L. How to Do Things with Words. Harvard UP, 1962.Google Scholar
Burns, Robert P. A Theory of the Trial. Princeton UP, 1999.CrossRefGoogle Scholar
Cavell, Stanley. Philosophy the Day after Tomorrow. Harvard UP, 2005.Google Scholar
Constable, Marianne. Just Silences: The Limits and Possibilities of Modern Law. Princeton UP, 2005.Google Scholar
Constable, Marianne. The Law of the Other: The Mixed Jury and Changing Conceptions of Citizenship, Law, and Knowledge. U of Chicago P, 1994. New Practices of Inquiry.Google Scholar
Constable, Marianne. Our Word Is Our Bond: How Legal Speech Acts. Stanford UP, 2014. The Cultural Lives of Law.CrossRefGoogle Scholar
Douglas, William O. Dissenting opinion. Sierra Club v. Morton. United States Reports, vol. 405, 19 Apr. 1972, pp. 741–55. Library of Congress, cdn.loc.gov/service/ll/usrep/usrep405/usrep405727/usrep405727.pdf.Google Scholar
“Facere.” Cactus2000, latin.cactus2000.de/showverb.en.php?verb=facere&gen=2&voc=2.Google Scholar
Felman, Shoshana. The Scandal of the Speaking Body: Don Juan with J.L. Austin; or, Seduction in Two Languages. Stanford UP, 2003.Google Scholar
Hart, H.L.A. The Concept of Law. Oxford UP, 1961.Google Scholar
Nietzsche, Friedrich. Thus Spoke Zarathustra. translated by Kaufmann, Walter, Penguin, 1978.Google Scholar
“Oath of Office for President of the United States”. PresidentsUSA.net, Baaron's Hill, 2017, www.presidentsusa.net/oathofoffice.html.Google Scholar
Obama, Barack. “Presidential Proclamation—Establishment of the Bears Ears National Monument”. The White House, 28 Dec. 2016, obamawhitehouse.archives.gov/the-press-office/2016/12/28/proclamation-establishment-bears-ears-national-monument.Google Scholar
@realDonaldTrump (Donald J. Trump). “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT RISK”. Twitter, 9 Feb. 2017, 7:35 p.m., twitter.com/realdonaldtrump/status/829836231802515457?lang=en.Google Scholar
Reinach, Adolph. “The A Priori Foundations of the Civil Law.” 1913. Translated by John F. Crosby. Aletheia: An International Journal of Philosophy, vol. 3, 1983, pp. xxxii-142.Google Scholar
Stone, Christopher D. “Should Trees Have Standing? Toward Legal Rights for Natural Objects”. Southern California Law Review, vol. 45, 1972, pp. 450501.Google Scholar
Taylor, Adam. “There Are Now Three Rivers That Legally Have the Same Rights As Humans”. The Washington Post, 21 Mar. 2017, www.washingtonpost.com/news/worldviews/wp/2017/03/21/there-are-now-3-rivers-that-legally-have-the-same-rights-as-humans/.Google Scholar
Trump, Donald J. Crippled America: How to Make America Great Again. Simon and Schuster, 2015.Google Scholar
United States, District Court for the District of Colorado. The Colorado River Ecosystem v. State of Colorado. Case no. 1:17-cv-02316. Courthouse News Service, www.courthousenews.com/wp-content/uploads/2017/09/Colorado-River.pdf.Google Scholar
United States, Supreme Court. Miranda v. Arizona. United States Reports, vol. 384, 13 June 1966, pp. 436545. Library of Congress, cdn.loc.gov/service/ll/usrep/usrep384/usrep384436/usrep384436.pdf.Google Scholar
United States, Supreme Court. Trump v. Hawaii. 585 U.S., 26 June 2018, www.supremecourt.gov/opinions/17pdf/17-965_h315.pdf.Google Scholar
Zaher, Claudia. “When a Woman's Marital Status Determined Her Legal Status: A Research Guide on the Common Law Doctrine of Coverture”. Law Library Journal, vol. 94, no. 3, 2002, pp. 460–86. University of Virginia, people.virginia.edu/~jdk3t/ZaherWMS.pdf.Google Scholar