This preclusion of style is carried over into his more rhetorical Coming to Terms: The Rhetoric of Narrative in Fiction and Film (1990).
Up to now, the rhetorical study of fictional narrative, with some exceptions, (8) is marked by the preclusion of the sociohistorical context of creation, especially the biographical information of the real author.
If the first generation of Chicago critics, like other formalist schools in the early 20th century, ruled out sociohistorical context as a reaction against long-term prevalent and privileged historical approach to literature, the second generation started working at a time when formalist criticism had already gained the upper hand and hence the preclusion of context was more or less taken for granted.
This persistent preclusion has to do with reasons both internal and external to rhetorical criticism.
Since the contextualization in rhetorical criticism is very much a result of the influence of contextualist approaches (especially reader-oriented ones), the latter's leaving out the biographical information of the real author has lent to the former's preclusion in this aspect.
However, the Court's view that knowledge of rights is unnecessary, qua preclusion by way of the common-law election doctrine, if the power-holder's conduct is nonetheless unequivocal follows immediately from a reference made in its joint judgment to Ewart's denial, in his Waiver Distributed, of any requirement in contract law that the elector must know of his or her election entitlement before an apparent affirmation is effective and binding.
It is occasionally suggested that, in order for there to be a binding election to affirm, the electing party must intend not only to make and communicate an unequivocal choice to proceed with the contractual relationship rather than ending it, but also to bear the legal consequence of having so chosen, which is permanent preclusion from reasserting the choice that was not communicated (here, disaffirmance).
While relinquishment results in a surrender that you once intended, preclusion results in a surrender that you never intended', (102) or at least regardless of what you specifically intended.
Via the election doctrine, then, preclusion is automatically achieved.
In the present context, the party who risks losing his or her contractual relationship with another whose ignorance of a disaffirmation entitlement is either innocent or unchallenged always enjoys the potential protection of estoppel or laches in any event, that is, if the facts support preclusion in the name of those other departments of the law.
Policy Arguments Against Enforcement of Claim Preclusion in
assess or protect against the threat they face from claim preclusion.
the claim preclusion threat faced by tenants in summary process
two distinct doctrines: claim preclusion and issue preclusion.
7) Issue preclusion prevents a party from litigating the same issue in