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Rhetorical Knowledge In Legal Practice And Critical Legal Theory
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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
Book Synopsis Rhetorical Knowledge in Legal Practice and Critical Legal Theory by : Francis J. Mootz (III.)
Download or read book Rhetorical Knowledge in Legal Practice and Critical Legal Theory written by Francis J. Mootz (III.) and published by . This book was released on 2011 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law, Hermeneutics and Rhetoric by : Francis J. Mootz Iii
Download or read book Law, Hermeneutics and Rhetoric written by Francis J. Mootz Iii and published by Routledge. This book was released on 2016-04-22 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis On Philosophy in American Law by : Francis J. Mootz
Download or read book On Philosophy in American Law written by Francis J. Mootz and published by Cambridge University Press. This book was released on 2009-03-23 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Original essays by 38 leading legal theorists mark the 75th anniversary of Karl Llewellyn's essay 'On Philosophy in American Law.'
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"--
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 314 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.
Book Synopsis On Philosophy in American Law by : Francis J. Mootz III
Download or read book On Philosophy in American Law written by Francis J. Mootz III and published by Cambridge University Press. This book was released on 2009-03-23 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of these disciplines might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers leading scholars to provide focused and straightforward articulations of the role that philosophy might play at this juncture of the history of American legal thought. It marks the seventy-fifth anniversary of Karl Llewellyn's essay 'On Philosophy in American Law' in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. It is written in the spirit of Llewellyn's article: they are succinct and direct arguments about the potential for bringing law and philosophy together.
Book Synopsis Judicial Rhapsodies by : Doug Coulson
Download or read book Judicial Rhapsodies written by Doug Coulson and published by Amherst College Press. This book was released on 2023-02-28 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: All judges legitimize their decisions in writing, but US Supreme Court justices depend on public acceptance to a unique degree. Previous studies of judicial opinions have explored rhetorical strategies that produce legitimacy, but none have examined the laudatory, even operatic, forms of writing Supreme Court justices have used to justify fundamental rights decisions. Doug Coulson demonstrates that such “judicial rhapsodies” are not an aberration but a central feature of judicial discourse. First examining the classical origins of divisions between law and rhetoric, Coulson tracks what he calls an epideictic register—highly affective forms of expression that utilize hyperbole, amplification, and vocabularies of praise—through a surprising number of landmark Supreme Court opinions. Judicial Rhapsodies recovers and revalues these instances as significant to establishing and maintaining shared perspectives that form the basis for common experience and cooperation. “Judicial Rhapsodies is both compelling and important. Coulson brings his well-developed knowledge of rhetoric to bear on one of the most central (and most democratically fraught) means of governance in the United States: the Supreme Court opinion. He demonstrates that the epideictic, far from being a dispensable or detestable element of judicial rhetoric, is an essential feature of how the Court operates and seeks to persuade.” —Keith Bybee, Syracuse University
Book Synopsis Rhetorics Change / Rhetoric’s Change by : Jenny Rice
Download or read book Rhetorics Change / Rhetoric’s Change written by Jenny Rice and published by Parlor Press LLC. This book was released on 2018-05-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rhetorics Change/Rhetoric’s Change features selected essays, multimedia texts, and audio pieces from the 2016 Rhetoric Society of America biennial conference, which spotlighted the theme “Rhetoric and Change.” The pieces are broadly focused around eight different lines of thought: Aural Rhetorics; Rhetoric and Science; Embodiment; Digital Rhetorics; Languages and Publics; Apologia, Revolution, Reflection; and Intersectionality, Interdisciplinarity, and the Future of Feminist Rhetoric. Simultaneously familiar yet new, the value of this collection can be found in the range of its modes and voices.
Book Synopsis The Rhetoric of Judging Well by : David A. Frank
Download or read book The Rhetoric of Judging Well written by David A. Frank and published by Penn State Press. This book was released on 2023-03-12 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Known as the “swing justice,” Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy’s legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy’s opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice’s rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots—especially on race, women’s rights, and immigration—but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy’s jurisprudence, this book provides new insight into Kennedy’s legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O’Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.
Book Synopsis Race, Nation, and Refuge by : Doug Coulson
Download or read book Race, Nation, and Refuge written by Doug Coulson and published by State University of New York Press. This book was released on 2017-10-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1870 to 1940, racial eligibility for naturalization in the United States was limited to "free white persons" and "aliens of African nativity and persons of African descent," and many interpreted these restrictions to reflect a policy of Asian exclusion based on the conclusion that Asians were neither white nor African. Because the distinction between white and Asian was considerably unstable, however, those charged with the interpretation and implementation of the naturalization act faced difficult racial classification questions. Through archival research and a close reading of the arguments contained in the documents of the US Bureau of Naturalization, especially those documents that discussed challenges to racial eligibility for naturalization, Doug Coulson demonstrates that the strategy of foregrounding shared external threats to the nation as a means of transcending perceived racial divisions was often more important to racial classification than legal doctrine. He argues that this was due to the rapid shifts in the nation's enmities and alliances during the early twentieth century and the close relationship between race, nation, and sovereignty.
Book Synopsis Lawyers Making Meaning by : Jan M. Broekman
Download or read book Lawyers Making Meaning written by Jan M. Broekman and published by Springer Science & Business Media. This book was released on 2014-07-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book present a structure for understanding and exploring the semiotic character of law and law systems. Cultivating a deep understanding for the ways in which lawyers make meaning—the way in which they help make the world and are made, in turn by the world they create —can provide a basis for consciously engaging in the work of the law and in the production of meaning. The book first introduces the reader to the idea of semiotics in general and legal semiotics in particular, as well as to the major actors and shapers of the field, and to the heart of the matter: signs. The second part studies the development of the strains of thinking that together now define semiotics, with attention being paid to the pragmatics, psychology and language of legal semiotics. A third part examines the link between legal theory and semiotics, the practice of law, the critical legal studies movement in the USA, the semiotics of politics and structuralism. The last part of the book ties the different strands of legal semiotics together, and closely looks at semiotics in the lawyer’s toolkit—such as: text, name and meaning.
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.
Book Synopsis Artefacts of Legal Inquiry by : Maksymilian Del Mar
Download or read book Artefacts of Legal Inquiry written by Maksymilian Del Mar and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination. Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic involvement. The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future. Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios). Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication.
Book Synopsis Law and the Humanities by : Austin Sarat
Download or read book Law and the Humanities written by Austin Sarat and published by Cambridge University Press. This book was released on 2010 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: A review and analysis of existing scholarship on the different national traditions and on the various modes and subjects of law and humanities.
Book Synopsis Gadamer and Law by : FrancisJ.Mootz Iii
Download or read book Gadamer and Law written by FrancisJ.Mootz Iii and published by Routledge. This book was released on 2017-07-05 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans-Georg Gadamer‘s philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes. In this collection, leading scholars consider the importance of Gadamer‘s philosophy for ongoing disputes in legal theory. The work of prominent philosophers, including Fred Dallmayr, P. Christopher Smith and David Hoy, is joined with the work of leading legal theorists, such as William Eskridge, Lawrence Solum and Dennis Patterson, to provide an overview of the connections between law and Gadamer‘s hermeneutical philosophy. Part I considers the relevance of Gadamer‘s philosophy to longstanding disputes in legal theory such as the debate over originalism, the rule of law and proper modes of statutory and constitutional exegesis. Part II demonstrates Gadamer‘s significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.
