Classical Rhetoric And Contemporary Law
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Classical Rhetoric And Contemporary Law
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Author : Kirsten K. Davis
language : en
Publisher: University of Alabama Press
Release Date : 2024
Classical Rhetoric And Contemporary Law written by Kirsten K. Davis and has been published by University of Alabama Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Language Arts & Disciplines categories.
"From the twin birth of western rhetoric and law in the Greek-speaking world in the first millennium BCE, law and rhetoric were deeply connected in the ancient world. In the modern era of legal practice, the clear connections between law and classical rhetoric have largely been lost to both those trained in the law and those who study rhetoric. This interdisciplinary reader reestablishes those lost connections by pairing primary source materials in classical rhetoric and contemporary law. The chapters in this volume show that ancient rhetorical texts can deepen or disrupt contemporary notions about principles that lie at the root of western legal traditions and return to us our past, making it possible for scholars across several disciplines to build on work accomplished centuries before. Broken into four parts, this volume first covers the historical development of rhetoric. In Part Two, volume editor Mootz and scholar David A. Frank look at rhetorical theorists at "bookends" of an era when classical rhetoric was de-valued as a mode of thought. Mootz discusses the hegemonic wave of Enlightenment epistemology that separated law from rhetoric, and Frank shows that where Cartesian rationality fails in the modern era, the humanistic tradition of rhetoric allows law to respond to the needs of justice. Part Three consists of ten chapters that each (1) introduce a classical rhetorical theorist to the reader, (2) provide an excerpt from a text by that theorist, and then (3) demonstrate the relevance of that work to a contemporary court case. Moving from the Sophists, through Aristotle and Plato and their Greek contemporaries, to the Roman rhetoricians Cicero and Quintilian, and finally, to the early medieval rhetorician, St. Augustine, these reprinted classical texts are contextualized by leading scholars in law, classics, and rhetoric, each with probing discussion questions for readers to engage and interact with the materials rhetorically. This vital resource of primary texts demonstrates how rhetoric illuminates the operation of the legal system and reconnects law to its rhetorical roots. Structured for use by scholars in critical inquiry and well suited for use in graduate or law school courses, Classical Rhetoric and Contemporary Law will be of interest to law, rhetoric, English, and communication scholars, and as an interactive catalyst to examine the ways in which ancient rhetorical theory informs our understanding of law practice today"--
Introduction To Classical Legal Rhetoric
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Author : Michael H. Frost
language : en
Publisher: Routledge
Release Date : 2017-03-02
Introduction To Classical Legal Rhetoric written by Michael H. Frost and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern theories on the topic. Beginning with Aristotle's Rhetoric and culminating with Cicero's De Oratore and Quintilian's Institutio Oratoria, Greek and Roman rhetoricians created a clear, experience-based theoretical framework for analyzing legal discourse. This book is the first to systematically examine the connections between classical rhetoric and modern legal discourse. It traces the history of legal rhetoric from the classical period to the present day and shows how modern theorists have unknowingly benefited from the classical works. It also applies classical rhetorical principles to modern appellate briefs and judicial opinions to demonstrate how a greater familiarity with the classical sources can deepen our understanding of legal reasoning.
Cicero And Modern Law
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Author : Richard O. Brooks
language : en
Publisher: Routledge
Release Date : 2017-07-05
Cicero And Modern Law written by Richard O. Brooks and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
Cicero and Modern Law contains the best modern writings on Cicero's major law related works, such as the Republic, On Law, On Oratory, along with a comprehensive bibliography of writings on Cicero's legal works. These works are organized to reveal the influence of Cicero's writings upon the history of legal thought, including St. Thomas, the Renaissance, Montesquieu and the U.S. Founding Fathers. Finally, the articles include discussions of Cicero's influence upon central themes in modern lega thought, including legal skepticism, republicanism, mixed government, private property, natural law, conservatism and rhetoric. The editor offers an extensive introduction, placing these articles in the context of an overall view of Cicero's contribution to modern legal thinking.
Rhetoric For Legal Writers
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Author : Kristen Konrad Tiscione
language : en
Publisher:
Release Date : 2016
Rhetoric For Legal Writers written by Kristen Konrad Tiscione and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with English language categories.
Law And Rhetoric
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Author : Delia B. Conti
language : en
Publisher:
Release Date : 2023
Law And Rhetoric written by Delia B. Conti and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with English language categories.
Benefitting a wide audience, this text introduces rhetorical theory as applied to the law. Aristotle's definition of rhetoric--discovering all the available means of persuasion--encapsulates the benefits of rhetoric to lawyers. We know stories are persuasive, and narrative theory explains why. Law is built on metaphor and analogy. Argument structures are themselves persuasive. Rhetorical sensitivity and the features of the rhetorical situation offer frameworks useful in mediation and in working with clients. Questions of character, form, and structure address the larger questions of justice beyond individual cases and specific statutes. Students and practicing attorneys will gain insight from this text's rhetorically grounded advice on persuasive techniques drawn from classical rhetoric and contemporary rhetorical theories relating to argumentation, metaphor, analogy, and storytelling. Just as this brief volume brings together teachers and scholars from law and rhetoric, each chapter connects the relevant rhetorical theories and applies them to current legal problems.
New Rhetorics For Contemporary Legal Discourse
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Author : Angela Condello
language : en
Publisher: Edinburgh University Press
Release Date : 2020-03-18
New Rhetorics For Contemporary Legal Discourse written by Angela Condello and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-18 with LANGUAGE ARTS & DISCIPLINES categories.
Are the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? This collection of 11 essays takes a diachronic approach to address these questions from the perspective of contemporary legal discourse.
Cicero And Modern Law
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Author : RichardO. Brooks
language : en
Publisher: Routledge
Release Date : 2017-07-05
Cicero And Modern Law written by RichardO. Brooks and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.
Cicero and Modern Law contains the best modern writings on Cicero's major law related works, such as the Republic, On Law, On Oratory, along with a comprehensive bibliography of writings on Cicero's legal works. These works are organized to reveal the influence of Cicero's writings upon the history of legal thought, including St. Thomas, the Renaissance, Montesquieu and the U.S. Founding Fathers. Finally, the articles include discussions of Cicero's influence upon central themes in modern lega thought, including legal skepticism, republicanism, mixed government, private property, natural law, conservatism and rhetoric. The editor offers an extensive introduction, placing these articles in the context of an overall view of Cicero's contribution to modern legal thinking.
Legal Persuasion
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Author : Linda L. Berger
language : en
Publisher: Routledge
Release Date : 2017-08-07
Legal Persuasion written by Linda L. Berger and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-07 with Law categories.
This book develops a central theme: legal persuasion results from making and breaking mental connections. This concept of making connections inspired the authors to take a rhetorical approach to the science of legal persuasion. That singular approach resulted in the integration of research from cognitive science with classical and contemporary rhetorical theory, and the application of these two disciplines to the real-life practice of persuasion. The combination of rhetorical analysis and cognitive science yields a new way of seeing and understanding legal persuasion, one that promises theoretical and practical gains. The work has three main functions. First, it brings together the leading models of persuasion from cognitive science and rhetorical theory, blurring boundaries and leveraging connections between the often-separate spheres of science and rhetoric. Second, it illustrates this persuasive synthesis by working through concrete examples of persuasion, demonstrating how to apply this new approach to the taking apart and the putting together of effective legal arguments. In this way, the book demonstrates the advantages of a deeper and more nuanced understanding of persuasion. Third, the volume assesses and explains why, how, and when certain persuasive methods and techniques are more effective than others. The book is designed to appeal to scholars in law, rhetoric, persuasion science, and psychology; to students learning the practice of law; and to judges and practicing lawyers who engage in persuasion.
Legal Discourse
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Author : Peter Goodrich
language : en
Publisher: Springer
Release Date : 1990-02-19
Legal Discourse written by Peter Goodrich and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990-02-19 with Social Science categories.
Lawyers and the law have long been the object of popular criticism and satire for the obscurity and incomprehensibility of their language. Legal Discourse provides a novel historical and systematic account of the language of the legal institution together with a sustained criticism of legal exegesis and `legalese' more generally. In the first part of the work the doctrinal history of the legal discipline and its concepts of language, text and sign are examined and assessed. In the second part the contemporary disciples of linguistics, discourse analysis and communication studies are brought to bear upon the task of constructing a theory of legal discourse as a linguistics of legal power.
Essays On Classical Rhetoric And Modern Discourse
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Author : Robert J. Connors
language : en
Publisher: SIU Press
Release Date : 1984
Essays On Classical Rhetoric And Modern Discourse written by Robert J. Connors and has been published by SIU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Language Arts & Disciplines categories.
Eighteen essays by leading scholars in English, speech communication, education, and philosophy explore the vitality of the classical rhetorical tradition and its influence on both contemporary discourse studies and the teaching of writing. Some of the essays investigate theoretical and historical issues. Others show the bearing of classical rhetoric on contemporary problems in composition, thus blending theory and practice. Common to the varied approaches and viewpoints expressed in this volume is one central theme: the 20th-century revival of rhetoric entails a recovery of the classical tradition, with its marriage of a rich and fully articulated theory with an equally efficacious practice. A preface demonstrates the contribution of Edward P. J.Corbett to the 20th-century revival, and a last chapter includes a bibliography of his works.