Rhetoric And The Rule Of Law

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Rhetoric and The Rule of Law

Author : Neil MacCormick
Publisher : OUP Oxford
ISBN 13 : 0191018783
Total Pages : 304 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Rhetoric and The Rule of Law by : Neil MacCormick

Download or read book Rhetoric and The Rule of Law written by Neil MacCormick and published by OUP Oxford. This book was released on 2005-07-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.

Justice Scalia

Author : Brian G. Slocum
Publisher : University of Chicago Press
ISBN 13 : 022660182X
Total Pages : 268 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis Justice Scalia by : Brian G. Slocum

Download or read book Justice Scalia written by Brian G. Slocum and published by University of Chicago Press. This book was released on 2019-03-06 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.

Legal Reasoning (Vol. 2)

Author : Aulis Aarnio
Publisher : New York University Press
ISBN 13 :
Total Pages : 534 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Reasoning (Vol. 2) by : Aulis Aarnio

Download or read book Legal Reasoning (Vol. 2) written by Aulis Aarnio and published by New York University Press. This book was released on 1992-02 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

Justice Scalia

Author : Brian G. Slocum
Publisher : University of Chicago Press
ISBN 13 : 022660179X
Total Pages : 268 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis Justice Scalia by : Brian G. Slocum

Heracles' Bow

Author : James Boyd White
Publisher : Univ of Wisconsin Press
ISBN 13 : 9780299104146
Total Pages : 274 pages
Book Rating : 4.1/5 (41 download)

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Book Synopsis Heracles' Bow by : James Boyd White

Download or read book Heracles' Bow written by James Boyd White and published by Univ of Wisconsin Press. This book was released on 1985 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Rhetoric of Law

Author : Austin Sarat
Publisher : University of Michigan Press
ISBN 13 : 0472083864
Total Pages : 301 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The Rhetoric of Law by : Austin Sarat

Download or read book The Rhetoric of Law written by Austin Sarat and published by University of Michigan Press. This book was released on 1996-01-23 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVAn interdisciplinary critique of the relationship between words and the law /div

Legal Reasoning and Legal Theory

Author : Neil MacCormick
Publisher : Clarendon Press
ISBN 13 : 0191018597
Total Pages : 322 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Legal Reasoning and Legal Theory by : Neil MacCormick

Download or read book Legal Reasoning and Legal Theory written by Neil MacCormick and published by Clarendon Press. This book was released on 1994-08-11 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.

Legal Reasoning

Author : Melvin A. Eisenberg
Publisher : Cambridge University Press
ISBN 13 : 1009192760
Total Pages : 194 pages
Book Rating : 4.0/5 (91 download)

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Book Synopsis Legal Reasoning by : Melvin A. Eisenberg

Download or read book Legal Reasoning written by Melvin A. Eisenberg and published by Cambridge University Press. This book was released on 2022-09-29 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.

Doing What Comes Naturally

Author : Stanley Fish
Publisher : Duke University Press
ISBN 13 : 9780822309956
Total Pages : 628 pages
Book Rating : 4.3/5 (99 download)

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Book Synopsis Doing What Comes Naturally by : Stanley Fish

Download or read book Doing What Comes Naturally written by Stanley Fish and published by Duke University Press. This book was released on 1989 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In literary theory, the philosophy of law, and the sociology of knowledge, no issue has been more central to current debate than the status of our interpretations. Do they rest on a ground of rationality or are they subjective impositions of a merely personal point of view? In Doing What Comes Naturally, Stanley Fish refuses the dilemma posed by this question and argues that while we can never separate our judgments from the contexts in which they are made, those judgments are nevertheless authoritative and even, in the only way that matters, objective. He thus rejects both the demand for an ahistorical foundation, and the conclusion that in the absence of such a foundation we reside in an indeterminate world. In a succession of provocative and wide-ranging chapters, Fish explores the implications of his position for our understanding of legal, literary, and psychoanalytic interpretation, the nature of professional and institutional culture, and the place of reason in a world that is rhetorical through and through."--Publisher description.

Critical and Comparative Rhetoric

Author : Elizabeth Berenguer
Publisher : Policy Press
ISBN 13 : 1529226031
Total Pages : 315 pages
Book Rating : 4.5/5 (292 download)

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Book Synopsis Critical and Comparative Rhetoric by : Elizabeth Berenguer

Download or read book Critical and Comparative Rhetoric written by Elizabeth Berenguer and published by Policy Press. This book was released on 2023-06-30 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the lenses of comparative and critical rhetoric, this book theorizes how alternative approaches to communication can transform legal meanings and legal outcomes, infusing them with more inclusive participation, equity and justice. Viewing legal language through a radical lens, the book sets aside longstanding norms that derive from White and Euro-centric approaches in order to re-situate legal methods as products of new rhetorical models that come from diasporic and non-Western cultures. The book urges readers to re-consider how they think about logic and rhetoric and to consider other ways of building knowledge that can heal the law’s current structures that often perpetuate and reinforce systems of privilege and power.

Legal Persuasion

Author : Linda L. Berger
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.

Rhetorical Processes and Legal Judgments

Author : Austin Sarat
Publisher : Cambridge University Press
ISBN 13 : 1107155509
Total Pages : 159 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Rhetorical Processes and Legal Judgments by : Austin Sarat

Download or read book Rhetorical Processes and Legal Judgments written by Austin Sarat and published by Cambridge University Press. This book was released on 2016-09 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed analysis offers new perspectives on rhetoric and law from distinguished scholars.

Rhetoric for Legal Writers

Author : Kristen Konrad Tiscione
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 404 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Rhetoric for Legal Writers by : Kristen Konrad Tiscione

Download or read book Rhetoric for Legal Writers written by Kristen Konrad Tiscione and published by West Academic Publishing. This book was released on 2009 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Justice, Law, and Argument

Author : Ch. Perelman
Publisher : Springer Science & Business Media
ISBN 13 : 9400990103
Total Pages : 199 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis Justice, Law, and Argument by : Ch. Perelman

Download or read book Justice, Law, and Argument written by Ch. Perelman and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.

Rhetoric and Evidence

Author : Peter Schneck
Publisher : Walter de Gruyter
ISBN 13 : 3110253771
Total Pages : 301 pages
Book Rating : 4.1/5 (12 download)

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Book Synopsis Rhetoric and Evidence by : Peter Schneck

Download or read book Rhetoric and Evidence written by Peter Schneck and published by Walter de Gruyter. This book was released on 2011-10-27 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book traces the changing relation and intense debates between law and literature in U.S. American culture, using examples from the 18th to the 20th century (including novels by Charles Brockden Brown, James Fenimore Cooper, Harper Lee, and William Gaddis). Since the early American republic, the critical representation of legal matters in literary fictions and cultural narratives about the law served an important function for the cultural imagination and legitimation of law and justice in the United States. One of the most essential questions that literary representations of the law are concerned with, the study argues, is the unstable relation between language and truth, or, more specifically, between rhetoric and evidence. In examining the truth claims of legal language and rhetoric and the evidentiary procedures and protocols which are meant to stabilize these claims, literary fictions about the law aim to provide an alternative public discourse that translates the law's abstractions into exemplary stories of individual experience. Yet while literature may thus strive to institute itself as an ethical counter narrative to the law, in order to become, in Shelley’s famous phrase “the legislator of the world”, it has to face the instability of its own relation to truth. The critical investigation of legal rhetoric in literary fiction thus also and inevitably entails a negotiation of the intrinsic value of literary evidence.

Rediscovering Rhetoric

Author : Justin T. Gleeson
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.

Rhetorical Knowledge in Legal Practice and Critical Legal Theory

Author : Francis J. Mootz
Publisher : University of Alabama Press
ISBN 13 : 0817315365
Total Pages : 280 pages
Book Rating : 4.8/5 (173 download)

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Book Synopsis Rhetorical Knowledge in Legal Practice and Critical Legal Theory by : Francis J. Mootz

Download or read book Rhetorical Knowledge in Legal Practice and Critical Legal Theory written by Francis J. Mootz and published by University of Alabama Press. This book was released on 2006-11-12 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description