62 Mark Washofsky
107. In particular, I would cite the publications of the Dr. Falk Schlesinger Institute for Medical-Halachic Research(http://medethics.org.il.), including the Hebrew Journal Assia and the English Collection Jewish Medical Ethics and Halacha . Important studies are also available at the website http:jlaw.com/Articles, sponsored by the Center for Halacha and American Law of the Aleph Institute. In addition and number of the publications of the Freehof Institute of Progressive Halakhah
(http:/ www.jewish-law-institute.com/publications.htm , accessed October 11,2010) deals with medical subjects. See the following volumes: Death and Euthanasia in Jewish Law(1995), The Fetus and Fertility in Jewish Law(1996), Aging and the Aged in Jewish Law(1998).
108. The theory of constitutive rhetoric is developed by Maurice Charland, “Constitutive Rhetoric: The Case of the Peuple Quebecois,” Quarterly Journal of Speech 73(1987), pp. 133-150; see also his article“Constitutive Rhetoric,” in Thomas O. Sloane, ed., Encyclopedia of Rhetoric(Oxford : Oxford University Press , 2001), pp. 616-619. The theory departs from the classical rhetorical understanding of the audience as an entity that exists prior to the rhetorical act, with its prejudices, interests, and motives already intact and waiting to be persuaded. On the contrary: an audience does not exist prior to the rhetorical act but is in fact constructed by the rhetorical act itself. While Charland uses the theory to analyze acts of political rhetoric, James Boyd White applies it to the language of the law. See his“Law as Rhetoric, Rhetoric as Law: The Arts of Cultural and Communal Life,” University of Chicago Law Review 52(1985), at 692-693:“What I have been describing[as rhetoric] is not merely an art of estimating probabilities or an art of persuasion, but an art of constituting culture and community. It is of this kind of rhetoric that I think the law is a branch....The establishment of comprehensible and shared meanings, the making of a kind of community that enables people to say ‘we’ about what they do and to claim consistent meanings for it— all this at the deepest level involves persuasion as well as education, and is the province of what I call constitutive rhetoric.” See also James Boyd White , Heracles’ Bow(note 4, above), at pp. 28-59.
109. See note 20, above.
110. See note 21, above.