DISCUSSION: Reread the fourth paragraph. Law and Literature says that judges will “translate” (line 50) old decisions by adapting them to a new context.
So by “re-constituting” a text, a judge is adapting old art to a new situation.
___________
- Categorizing (classifying) opinions is never mentioned, even if “rephrase” sounds like translating.
- Re-constituting means putting something in a new form. Summarizing is different. It means putting something in a new, shorter form.
- CORRECT. This is it. Judges must understand what the old opinions meant, and then create new versions for the modern world.
- Paraphrase just means: say the same thing in different words. But judges must go further. They have to adapt old wisdom to new circumstances.
- Negotiate? That has nothing to do with translating a text to a new form.
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