Classical Rhetoric and Contemporary Law

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Author :
Publisher : University of Alabama Press
ISBN 13 : 0817361391
Total Pages : 299 pages
Book Rating : 4.8/5 (173 download)

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Book Synopsis Classical Rhetoric and Contemporary Law by : Kirsten K. Davis

Download or read book Classical Rhetoric and Contemporary Law written by Kirsten K. Davis and published by University of Alabama Press. This book was released on 2024 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 :
Publisher : Routledge
ISBN 13 : 1351926322
Total Pages : 200 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Introduction to Classical Legal Rhetoric by : Michael H. Frost

Download or read book Introduction to Classical Legal Rhetoric written by Michael H. Frost and published by Routledge. This book was released on 2017-03-02 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Rhetoric, Persuasion, and Modern Legal Writing

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Author :
Publisher : Lexington Books
ISBN 13 : 1498568920
Total Pages : 211 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Rhetoric, Persuasion, and Modern Legal Writing by : Brian L. Porto

Download or read book Rhetoric, Persuasion, and Modern Legal Writing written by Brian L. Porto and published by Lexington Books. This book was released on 2020-02-28 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classical rhetorical techniques can enhance the persuasiveness of Supreme Court opinions by making their language clear, lively, and memorable. This book focuses on three techniques—“invention” (creation of arguments), “arrangement” (organization), and “style” (word choice)—in the work of Oliver Wendell Holmes, Jr., Robert Jackson, Hugo Black, William Brennan, and Antonin Scalia, respectively. The justices featured here contributed to the Court’s rhetorical legacy in different ways, but all five rejected the magisterial opinion style of the eighteenth and nineteenth centuries in favor of a more personal and conversational format. As a result, their opinions have endured, and even modern readers who cannot recall the justices’ names understand and embrace the ideas expressed in their legal writings and apply those ideas to current debates. Practicing lawyers, professors, and students can use this book to study legal writing techniques and make their own writing more persuasive.

Rediscovering Rhetoric

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Author :
Publisher : Federation Press
ISBN 13 : 9781862877054
Total Pages : 328 pages
Book Rating : 4.8/5 (77 download)

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Book Synopsis Rediscovering Rhetoric by : Justin T. Gleeson

Download or read book Rediscovering Rhetoric written by Justin T. Gleeson and published by Federation Press. This book was released on 2008 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Classical Rhetoric for the Modern Student

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Author :
Publisher :
ISBN 13 :
Total Pages : 653 pages
Book Rating : 4.:/5 (9 download)

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Book Synopsis Classical Rhetoric for the Modern Student by : Edward P. J. Corbett

Download or read book Classical Rhetoric for the Modern Student written by Edward P. J. Corbett and published by . This book was released on 1974 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Cicero and Modern Law

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Publisher : Routledge
ISBN 13 : 1351571907
Total Pages : 663 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Cicero and Modern Law by : Richard O. Brooks

Download or read book Cicero and Modern Law written by Richard O. Brooks and published by Routledge. This book was released on 2017-07-05 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law's Stories

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Publisher : Yale University Press
ISBN 13 : 9780300146295
Total Pages : 316 pages
Book Rating : 4.1/5 (462 download)

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Book Synopsis Law's Stories by : Peter Brooks

Download or read book Law's Stories written by Peter Brooks and published by Yale University Press. This book was released on 1996-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Classical Rhetoric in the Middle Ages

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Publisher : BRILL
ISBN 13 : 9004368078
Total Pages : 724 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Classical Rhetoric in the Middle Ages by : John O. Ward

Download or read book Classical Rhetoric in the Middle Ages written by John O. Ward and published by BRILL. This book was released on 2018-12-24 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classical Rhetoric in the Middle Ages: The Medieval Rhetors and Their Art 400-1300, with Manuscript Survey to 1500 CE is a completely updated version of John Ward’s much-used doctoral thesis of 1972, and is the definitive treatment of this fundamental aspect of medieval and rhetorical culture.

Law and Rhetoric

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Author :
Publisher :
ISBN 13 : 9781531019822
Total Pages : 0 pages
Book Rating : 4.0/5 (198 download)

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Book Synopsis Law and Rhetoric by : Delia B. Conti

Download or read book Law and Rhetoric written by Delia B. Conti and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Rhetoric in Antiquity

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Author :
Publisher : CUA Press
ISBN 13 : 0813214076
Total Pages : 287 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis Rhetoric in Antiquity by : Laurent Pernot

Download or read book Rhetoric in Antiquity written by Laurent Pernot and published by CUA Press. This book was released on 2005 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published as La Rhétorique dans l'Antiquité (2000), this new English edition provides students with a valuable introduction to understanding the classical art of rhetoric and its place in ancient society and politics

The Case for Rhetoric

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Publisher :
ISBN 13 :
Total Pages : 784 pages
Book Rating : 4.:/5 (28 download)

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Book Synopsis The Case for Rhetoric by : Paul M. Perell

Download or read book The Case for Rhetoric written by Paul M. Perell and published by . This book was released on 1998 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal Persuasion

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Publisher : Routledge
ISBN 13 : 1351623699
Total Pages : 316 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Legal Persuasion by : Linda L. Berger

Download or read book Legal Persuasion written by Linda L. Berger and published by Routledge. This book was released on 2017-08-07 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Reimagining Advocacy

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Publisher : Penn State Press
ISBN 13 : 0271081333
Total Pages : 187 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Reimagining Advocacy by : Elizabeth C. Britt

Download or read book Reimagining Advocacy written by Elizabeth C. Britt and published by Penn State Press. This book was released on 2018-05-17 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic violence accounts for approximately one-fifth of all violent crime in the United States and is among the most difficult issues confronting professionals in the legal and criminal justice systems. In this volume, Elizabeth Britt argues that learning embodied advocacy—a practice that results from an expanded understanding of expertise based on lived experience—and adopting it in legal settings can directly and tangibly help victims of abuse. Focusing on clinical legal education at the Domestic Violence Institute at the Northeastern University School of Law, Britt takes a case-study approach to illuminate how challenging the context, aims, and forms of advocacy traditionally embraced in the U.S. legal system produces better support for victims of domestic violence. She analyzes a wide range of materials and practices, including the pedagogy of law school training programs, interviews with advocates, and narratives written by students in the emergency department, and looks closely at the forms of rhetorical education through which students assimilate advocacy practices. By examining how students learn to listen actively to clients and to recognize that clients have the right and ability to make decisions for themselves, Britt shows that rhetorical education can succeed in producing legal professionals with the inclination and capacity to engage others whose values and experiences diverge from their own. By investigating the deep relationship between legal education and rhetorical education, Reimagining Advocacy calls for conversations and action that will improve advocacy for others, especially for victims of domestic violence seeking assistance from legal professionals.

Law and Ethics in Greek and Roman Declamation

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Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110401886
Total Pages : 342 pages
Book Rating : 4.1/5 (14 download)

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Book Synopsis Law and Ethics in Greek and Roman Declamation by : Eugenio Amato

Download or read book Law and Ethics in Greek and Roman Declamation written by Eugenio Amato and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-03-10 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ancient declamation—the practice of delivering speeches on the basis of fictitious scenarios—defies easy categorization. It stands at the crossroads of several modern disciplines. It is only within the past few decades that the full complexity of declamation, and the promise inherent in its study, have come to be recognized. This volume, which contains thirteen essays from an international team of scholars, engages with the multidisciplinary nature of declamation, focusing in particular on the various interactions in declamation between rhetoric, literature, law, and ethics. Contributions pursue a range of topics, but also complement each other. Separate essays by Brescia, Lentano, and Lupi explore social roles—their tensions and expectations—as defined through declamation. With similar emphasis on historical circumstances, Quiroga Puertas and Tomassi consider the adaptation of rhetorical material to frame contemporary realities. Schwartz draws attention to the sometimes hazy borderline between declamation and the courtroom. The relationship between laws and declamation, a topic of abiding importance, is examined in studies by Berti, Breij, and Johansson. Also with an eye to the complex interaction between laws and declamation, Pasetti offers a narratological analysis of cases of poisoning. Citti discovers the concept of natural law represented in declamatory material. While looking at a case of extreme cruelty, Huelsenbeck evaluates the nature of declamatory language, emphasizing its use as an integral instrument of performance events. Zinsmaier looks at discourse on the topic of torture in rhetorical and legal contexts.

Quintilian and the Law

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Author :
Publisher : Leuven University Press
ISBN 13 : 9789058673015
Total Pages : 344 pages
Book Rating : 4.6/5 (73 download)

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Book Synopsis Quintilian and the Law by : Olga Eveline Tellegen-Couperus

Download or read book Quintilian and the Law written by Olga Eveline Tellegen-Couperus and published by Leuven University Press. This book was released on 2003 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The art of persuasion, as practised today in political debate as well as in the courts of law, has been developed in the rhetorical tradition, but its authors have disappeared from view. One of them was Quintilian, who wrote his Institutio oratoria at the end of the first century AD. This book is special because it contains one of the fullest surveys of rhetorical insights ever written and because it has come down to us in its entirety. Quintilian's rhetorical system has been used in teaching rhetoric at universities since the Middle Ages. The purpose of 'Quintilian and the Law' is to reintroduce Quintilian's Institutio oratoria to modern readers, and to show that the topics discussed in it are still very much alive today. To that end, modern experts of law and rhetoric present their views on the Institutio oratoria, each dealing with one of the twelve books of which it consists. The authors were free to choose their own way of working, so that some books are described in their entirety, others are discussed from one particular point of view, and others still are treated only with regard to a particular section. In Roman times, the shortest way to a political career was by working in the law courts. There, one could acquire a reputation for having a thorough knowledge of the law and for being able to speak well in public. In his Institutio oratoria, Quintilian not only formulated important insights in juridical argumentation, in the art of speech-writing, and in the performative aspects of advocacy, he also discussed the ethical problems involved. Because Quintilian larded his instructions with numerous examples from practice, his book takes us back into the Roman law courts and helps us experience their exciting atmosphere. The essays in this book reflect the wide range of subjects discussed by Quintilian. They deal with (one of) six themes: (1) the ideal orator in a historical perspective, (2) his education, (3) rhetoric and communication, (4) argumentation, (5) Roman law in the Institutio oratoria, and (6) emotions in the courtroom. However, in honour of its author, they are arranged in the order of the Institutio oratoria.

The Art of Rhetoric

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Author :
Publisher : Arcturus Publishing
ISBN 13 : 1398805815
Total Pages : 293 pages
Book Rating : 4.3/5 (988 download)

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Book Synopsis The Art of Rhetoric by : Aristotle

Download or read book The Art of Rhetoric written by Aristotle and published by Arcturus Publishing. This book was released on 2020-10-16 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Moral character, so to say, constitutes the most effective means of proof.' In ancient Greece, rhetoric was at the centre of public life. Many writers attempted to provide manuals to help improve debating skills, but it was not until Aristotle produced The Art of Rhetoric in the 4th century bc that the subject had a true masterpiece. As he considered the role of emotion, reason, and morality in speech, Aristotle created essential guidelines for argument and prose style that would influence writers for more than two millennia. Brilliantly explained and carefully reasoned, The Art of Rhetoric remains as relevant today as it was in the assemblies of ancient Athens.

Contemporary Argumentation and Rhetoric

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Publisher :
ISBN 13 : 9781465292872
Total Pages : pages
Book Rating : 4.2/5 (928 download)

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Book Synopsis Contemporary Argumentation and Rhetoric by :

Download or read book Contemporary Argumentation and Rhetoric written by and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: