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 : Rowman & Littlefield
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 Rowman & Littlefield. This book was released on 2020-02-11 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.

Cicero and Modern Law

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Author :
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 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.

The Case for Rhetoric

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Author :
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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Author :
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.

Rhetoric for Legal Writers

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Author :
Publisher :
ISBN 13 : 9781634608435
Total Pages : 319 pages
Book Rating : 4.6/5 (84 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 . This book was released on 2016 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Cicero and Modern Law

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Author :
Publisher : Routledge
ISBN 13 : 1351571893
Total Pages : 659 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Cicero and Modern Law by : RichardO. Brooks

Download or read book Cicero and Modern Law written by RichardO. Brooks and published by Routledge. This book was released on 2017-07-05 with total page 659 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.

New Rhetorics for Contemporary Legal Discourse

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Author :
Publisher : Edinburgh University Press
ISBN 13 : 147445058X
Total Pages : 184 pages
Book Rating : 4.4/5 (744 download)

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Book Synopsis New Rhetorics for Contemporary Legal Discourse by : Angela Condello

Download or read book New Rhetorics for Contemporary Legal Discourse written by Angela Condello and published by Edinburgh University Press. This book was released on 2020-03-18 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Rhetoric of Cicero in its Medieval and Early Renaissance Commentary Tradition

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Author :
Publisher : BRILL
ISBN 13 : 9047404645
Total Pages : 565 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis The Rhetoric of Cicero in its Medieval and Early Renaissance Commentary Tradition by : Virginia Cox

Download or read book The Rhetoric of Cicero in its Medieval and Early Renaissance Commentary Tradition written by Virginia Cox and published by BRILL. This book was released on 2018-11-12 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the transmission and influence of Ciceronian rhetoric from late antiquity to the fifteenth century, examining the relationship between rhetoric and practices as diverse as law, dialectic, memory theory, poetics, and ethics. Includes an appendix of primary texts

Classical Greek Rhetorical Theory and the Disciplining of Discourse

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139485997
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Classical Greek Rhetorical Theory and the Disciplining of Discourse by : David M. Timmerman

Download or read book Classical Greek Rhetorical Theory and the Disciplining of Discourse written by David M. Timmerman and published by Cambridge University Press. This book was released on 2010-03-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to the history of classical rhetoric by focusing on how key terms helped to conceptualize and organize the study and teaching of oratory. David Timmerman and Edward Schiappa demonstrate that the intellectual and political history of Greek rhetorical theory can be enhanced by a better understanding of the emergence of 'terms of art' in texts about persuasive speaking and argumentation. The authors provide a series of studies to support their argument. They describe Plato's disciplining of dialgesthai into the Art of Dialectic, Socrates' alternative vision of philosophia, and Aristotle's account of demegoria and symboule as terms for political deliberation. The authors also revisit competing receptions of the Rhetoric to Alexander. Additionally, they examine the argument over when the different parts of oration were formalized in rhetorical theory, illustrating how an 'old school' focus on vocabulary can provide fresh perspectives on persistent questions.

The Rhetorical Invention of Diversity

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Publisher : MSU Press
ISBN 13 : 1628953314
Total Pages : 294 pages
Book Rating : 4.6/5 (289 download)

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Book Synopsis The Rhetorical Invention of Diversity by : M. Kelly Carr

Download or read book The Rhetorical Invention of Diversity written by M. Kelly Carr and published by MSU Press. This book was released on 2018-05-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the tepid reception of Regents of the University of California v. Bakke in 1978, the Supreme Court has thrice affirmed its holding: universities can use race as an admissions factor to achieve the goal of a diverse student body. This book examines the process of rhetorical invention followed by Justice Lewis F. Powell Jr., his colleagues, and other interlocutors as they sifted through arguments surrounding affirmative action policies to settle on diversity as affirmative action’s best constitutional justification. Here M. Kelly Carr explores the goals, constraints, and argumentative tools of the various parties as they utilized the linguistic resources available to them, including arguments about race, merit, and the role of the public university in civic life. Using public address texts, legal briefs, memoranda, and draft opinions, Carr looks at how public arguments informed the amicus briefs, chambers memos, and legal principles before concluding that Powell’s pragmatic decision making fused the principle of individualism with an appreciation of multiculturalism to accommodate his colleagues’ differing opinions. She argues that Bakke is thus a legal and rhetorical milestone that helped to shift the justificatory grounds of race-conscious policy away from a recognition of historical discrimination and its call for reparative equality, and toward an appreciation of racial diversity.

Character Evidence in the Courts of Classical Athens

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1317168437
Total Pages : 236 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Character Evidence in the Courts of Classical Athens by : Vasileios Adamidis

Download or read book Character Evidence in the Courts of Classical Athens written by Vasileios Adamidis and published by Taylor & Francis. This book was released on 2016-11-25 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been much debate in scholarship over the factors determining the outcome of legal hearings in classical Athens. Specifically, there is divergence regarding the extent to which judicial panels were influenced by non-legal considerations in addition to, or even instead of, questions of law. Ancient rhetorical theory and practice devoted much attention to character and it is this aspect of Athenian law which forms the focus of this book. Close analysis of the dispute-resolution passages in ancient Greek literature reveals striking similarities with the rhetoric of litigants in the Athenian courts and thus helps to shed light on the function of the courts and the fundamental nature of Athenian law. The widespread use of character evidence in every aspect of argumentation can be traced to the Greek ideas of ‘character’ and ‘personality’, the inductive method of reasoning, and the social, political and institutional structures of the ancient Greek polis. According to the author’s proposed method of interpretation, character evidence was not a means of diverting the jury’s attention away from the legal issues; instead, it was a constructive and relevant way of developing a legal argument.

Legal Discourse

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Author :
Publisher : Springer
ISBN 13 : 1349112836
Total Pages : 273 pages
Book Rating : 4.3/5 (491 download)

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Book Synopsis Legal Discourse by : Peter Goodrich

Download or read book Legal Discourse written by Peter Goodrich and published by Springer. This book was released on 1990-02-19 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The History of Rhetoric and the Rhetoric of History

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000948331
Total Pages : 334 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis The History of Rhetoric and the Rhetoric of History by : Nancy S. Struever

Download or read book The History of Rhetoric and the Rhetoric of History written by Nancy S. Struever and published by Taylor & Francis. This book was released on 2023-05-31 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the articles collected here Nancy Struever explores the basic assumption that rhetoric is not simply a bag of persuasive tricks, but functions, necessarily, as a mode of inquiry investigating not simply the mechanics of production and reception of discourse, but the psychological factors of reason and passion engaged by the assertion, modification, and contest of beliefs and dispositions of the civil communities. The first section looks both at contemporary historians employing rhetorical constructs and tactics and at contemporary accounts of the employment of rhetorical pedagogical material and theoretical texts in medieval and Renaissance cultural practices. The second set of articles considers change and continuity in the rhetorical exploitation's of genre forms in cultural programs, focuses on the strong reorientation of Classical forms of moral inquiry, on the ingenious use of the proverb, of etymology, of the exemplum, as well as on the changes in strategies in the theater, the novel, and art criticism. The final section deals with the strong historical interconnections of rhetoric with other disciplines: the motives and investigative tactics of medicine and rhetoric in the Renaissance and Early Modernity, and the shared interests and interwoven careers of rhetoric and law.