The Rhetoric Of Law
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The Rhetoric Of Law
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Author : Austin Sarat
language : en
Publisher: University of Michigan Press
Release Date : 1996-01-23
The Rhetoric Of Law written by Austin Sarat and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-23 with Language Arts & Disciplines categories.
DIVAn interdisciplinary critique of the relationship between words and the law /div
Rhetoric And The Rule Of Law
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Author : Neil MacCormick
language : en
Publisher: OUP Oxford
Release Date : 2005-07-28
Rhetoric And The Rule Of Law written by Neil MacCormick and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-07-28 with Law categories.
Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments? Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense? Is there any reasonable certainty about legal outcomes in dispute-situations? If not, what becomes of the Rule of Law? Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simple deductive reasoning, though always necessary, is very rarely sufficient to justify a decision. There are always problems of relevancy, classification or interpretation in relation to both facts and law. In justifying conclusions about such problems, reasoning has to be universalistic and yet fully sensitive to the particulars of specific cases. How is this possible? Is legal justification at this level consequentialist in character or principled and right-based? Both normative coherence and narrative coherence have a part to play in justification, and in accounting for the validity of arguments by analogy. Looking at such long-discussed subjects as precedent and analogy and the interpretative character of the reasoning involved, Neil MacCormick expands upon his celebrated Legal Reasoning and Legal Theory (OUP 1978 and 1994) and restates his 'institutional theory of law'.
Rhetoric For Legal Writers
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Author : Kristen Konrad Tiscione
language : en
Publisher: West Academic Publishing
Release Date : 2009
Rhetoric For Legal Writers written by Kristen Konrad Tiscione and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Language Arts & Disciplines categories.
This new book is intended for use by writing professors who want to inject more substance into their first-year legal research and writing course, as well as advanced legal writing students and upper-class students taking a seminar on rhetoric. The book is divided into two main sections: The first section examines rhetorical theory and its impact on legal argument from the time of ancient Greece to date. The second section, organized by the canons of classical rhetoric, discusses practical applications of rhetorical theory to the specific task of learning to think and write like a lawyer in the twenty-first century. By fusing theory and practice, a legal writer acquires depth-the ability to analyze an issue effectively using all available resources-as well as breadth-the ability to transfer her talent from one context to another. Each chapter includes questions for consideration by the students as well as samples exercises and suggested answers.
Rediscovering Rhetoric
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Author : Justin T. Gleeson
language : en
Publisher: Federation Press
Release Date : 2008
Rediscovering Rhetoric written by Justin T. Gleeson and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Rhetoric is ubiquitous in modern discourse: from arguments delivered in the High Court, to advertisements disseminated in the high street. For the legal and political advocate, persuasion is also a professional technique that must be perfected properly to practise each art. In contrast with the classical era and the middle ages, in which grammar, rhetoric and dialectic were basic features of all education, modern curricula almost entirely neglect any theoretical study of the methods of rhetoric. Rediscovering Rhetoric re-introduces to modern practitioners and students a grasp of the speeches, writings and methodologies of the great classical scholars of rhetoric. Part 1 - Law and Language in the Greco-Roman Tradition provides a contextualised introduction to significant theorists of rhetoric in the classical period, and consists of four chapters written by practising barristers and a current Justice of the Federal Court of Australia. Part 2 - The Practice of Persuasion comprises essays by practitioners distinguished in their pursuit of legal persuasion - one former and two current Justices of the High Court of Australia - illuminating their experiences of argument from the perspective of both bench and bar. Part 3 - The Politics of Persuasion performs a similar function to Part 2, in the related domain of politics. It includes a chapter by Graham Freudenberg, former speechwriter for Gough Whitlam and others. Together the three parts provide a unique inter-disciplinary perspective on the theory and practice of legal and political persuasion. Published in association with the NSW Bar Association.
Law Hermeneutics And Rhetoric
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Author : Francis J. Mootz Iii
language : en
Publisher: Routledge
Release Date : 2016-04-22
Law Hermeneutics And Rhetoric written by Francis J. Mootz Iii and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
Mootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To "return" to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.
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.
Towards A Rhetoric Of Medical Law
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Author : John Harrington
language : en
Publisher: Routledge
Release Date : 2016-09-13
Towards A Rhetoric Of Medical Law written by John Harrington and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-13 with Law categories.
Challenging the dominant account of medical law as normatively and conceptually subordinate to medical or bioethics, this book provides an innovative account of medical law as a rhetorical practice. The aspiration to provide a firm grounding for medical law in ethical principle has not yet been realized. Rather, legal doctrine is marked, if anything, by increasingly evident contradiction and indeterminacy that are symptomatic of the inherently contingent nature of legal argumentation. Against the idea of a timeless, placeless ethics as the master discipline for medical law, this book demonstrates how judicial and academic reasoning seek to manage this contingency, through the deployment of rhetorical strategies, persuasive to concrete audiences within specific historical, cultural and political contexts. Informed by social and legal theory, cultural history and literary criticism, John Harrington’s careful reading of key judicial decisions, legislative proposals and academic interventions offers an original, and significant, understanding of medical law.
Heracles Bow
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Author : James Boyd White
language : en
Publisher: Univ of Wisconsin Press
Release Date : 1985
Heracles Bow written by James Boyd White and has been published by Univ of Wisconsin Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Language Arts & Disciplines categories.
The law has traditionally been regarded as a set of rules and institutions. In this thoughtful series of essays, James Boyd White urges a fresh view of the law as an essentially literary, rhetorical, and ethical activity. Defining and elaborating his conception, he artfully bridges the fields of jurisprudence, literature, philosophy, history, and political science. The result, a new approach that may change the way we perceive the legal process, will engage not only lawyers and law students but anyone interested in the relationship between ethics, persuasion, and community. White's essays, though bound by a common perspective, are thematically varied. Each of these pieces makes eloquent and insightful reading. Taken as a whole, they establish, by triangulation, a position from which they all proceed: a view of poetry, law, and rhetoric as essentially synonymous. Only when we perceive the links between these processes, White stresses, can we begin to unite the concerns of truth, beauty, and justice in a single field of action and expression.
Law S Stories
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Author : Peter Brooks
language : en
Publisher: Yale University Press
Release Date : 1996-01-01
Law S Stories written by Peter Brooks and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-01 with Law categories.
The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically.This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality?Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg.
Constitutional Law As Fiction
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Author : L. H. LaRue
language : en
Publisher: Penn State Press
Release Date : 2010-11-01
Constitutional Law As Fiction written by L. H. LaRue and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-01 with Law categories.