Classical Rhetoric And Contemporary Law

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Classical Rhetoric and Contemporary Law

Author : Kirsten K. Davis,Brian N. Larson,Kristen K Tiscione,Francis J Mootz
Publisher : University of Alabama Press
Page : 299 pages
File Size : 51,5 Mb
Release : 2024
Category : Language Arts & Disciplines
ISBN : 9780817361396

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Classical Rhetoric and Contemporary Law by Kirsten K. Davis,Brian N. Larson,Kristen K Tiscione,Francis J Mootz Pdf

"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

Author : Michael H. Frost
Publisher : Routledge
Page : 200 pages
File Size : 51,9 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351926324

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Introduction to Classical Legal Rhetoric by Michael H. Frost Pdf

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.

Cicero and Modern Law

Author : Richard O. Brooks
Publisher : Routledge
Page : 663 pages
File Size : 40,9 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351571906

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Cicero and Modern Law by Richard O. Brooks Pdf

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.

Cicero and Modern Law

Author : RichardO. Brooks
Publisher : Routledge
Page : 659 pages
File Size : 43,6 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351571890

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Cicero and Modern Law by RichardO. Brooks Pdf

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

Author : Angela Condello
Publisher : Edinburgh University Press
Page : 184 pages
File Size : 40,9 Mb
Release : 2020-03-18
Category : LANGUAGE ARTS & DISCIPLINES
ISBN : 9781474450584

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New Rhetorics for Contemporary Legal Discourse by Angela Condello Pdf

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.

Rhetoric for Legal Writers

Author : Kristen Konrad Tiscione
Publisher : Unknown
Page : 319 pages
File Size : 48,8 Mb
Release : 2016
Category : English language
ISBN : 1634608437

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Rhetoric for Legal Writers by Kristen Konrad Tiscione Pdf

Essays on Classical Rhetoric and Modern Discourse

Author : Robert J. Connors,Lisa S. Ede,Andrea A. Lunsford
Publisher : SIU Press
Page : 314 pages
File Size : 40,6 Mb
Release : 1984
Category : Language Arts & Disciplines
ISBN : 0809311348

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Essays on Classical Rhetoric and Modern Discourse by Robert J. Connors,Lisa S. Ede,Andrea A. Lunsford Pdf

Eighteen essays by leading scholars in English, speech communication, educa­tion, and philosophy explore the vitality of the classical rhetorical tradition and its influence on both contemporary dis­course studies and the teaching of writing. Some of the essays investigate the­oretical and historical issues. Others show the bearing of classical rhetoric on contemporary problems in composition, thus blending theory and practice. Com­mon to the varied approaches and view­points expressed in this volume is one central theme: the 20th-century revival of rhetoric entails a recovery of the clas­sical tradition, with its marriage of a rich and fully articulated theory with an equally efficacious practice. A preface demonstrates the contribution of Ed­ward P. J.Corbett to the 20th-century re­vival, and a last chapter includes a bibli­ography of his works.

The Legal Writing Workshop

Author : Anonim
Publisher : Pryal and Jack
Page : 157 pages
File Size : 55,5 Mb
Release : 2010-01-04
Category : Language Arts & Disciplines
ISBN : 9781450511438

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The Legal Writing Workshop by Anonim Pdf

Better writing, one case at a time. Professors of legal writing, rhetoric, and technical writing, Katie Guest Pryal and Jordynn Jack have created a manual for improving all stages of the legal writing process, from the invention of strong legal arguments to the crafting of eloquence and style.

Law and Rhetoric

Author : Delia B. Conti
Publisher : Unknown
Page : 0 pages
File Size : 41,8 Mb
Release : 2023
Category : English language
ISBN : 153101982X

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Law and Rhetoric by Delia B. Conti Pdf

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 Rhetoric of Cicero in its Medieval and Early Renaissance Commentary Tradition

Author : Virginia Cox,John Ward
Publisher : BRILL
Page : 565 pages
File Size : 43,8 Mb
Release : 2018-11-12
Category : History
ISBN : 9789047404644

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The Rhetoric of Cicero in its Medieval and Early Renaissance Commentary Tradition by Virginia Cox,John Ward Pdf

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

Sourcebook on Rhetoric

Author : James Jasinski
Publisher : SAGE
Page : 684 pages
File Size : 53,8 Mb
Release : 2001-07-19
Category : Language Arts & Disciplines
ISBN : 0761905049

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Sourcebook on Rhetoric by James Jasinski Pdf

Please update SAGE UK and SAGE INDIA addresses on imprint page.

Encyclopedia of Rhetoric

Author : Thomas O. Sloane
Publisher : Unknown
Page : 853 pages
File Size : 49,6 Mb
Release : 2001
Category : Rhetoric
ISBN : 9780195125955

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Encyclopedia of Rhetoric by Thomas O. Sloane Pdf

The Encyclopedia of Rhetoric is a comprehensive survey of the latest research--as well as the foundational teachings--in this broad field. Featuring 150 original, signed articles by leading scholars from many different fields of study it brings together knowledge from classics, philosophy, literature, literary theory, cultural studies, speech and communications. The Encyclopedia surveys basic concepts (speaker, style and audience); elements; genres; terms (fallacies, figures of speech); and the rhetoric of non-Western cultures and cultural movements. It covers rhetoric as the art of proof and persuasion; as the language of public speech and communication; and as a theoretical approach and critical tool used in the study of literature, art, and culture at large, including new forms of communication such as the internet. The Encyclopedia is the most wide ranging reference work of its kind, combining theory, history, and practice, with a special emphasis on public speaking, performance and communication. Cross-references, bibliographies after each article, and synoptic and topical indexes further enhance the work. Written for students, teachers, scholars and writers the Encyclopedia of Rhetoric is the definitive reference work on this powerful discipline.

Quintilian and the Law

Author : Olga Eveline Tellegen-Couperus
Publisher : Leuven University Press
Page : 344 pages
File Size : 49,5 Mb
Release : 2003
Category : Language Arts & Disciplines
ISBN : 9058673014

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Quintilian and the Law by Olga Eveline Tellegen-Couperus Pdf

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.

Law, Violence, and the Possibility of Justice

Author : Austin Sarat
Publisher : Princeton University Press
Page : 188 pages
File Size : 52,6 Mb
Release : 2018-06-05
Category : Law
ISBN : 9780691187549

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Law, Violence, and the Possibility of Justice by Austin Sarat Pdf

Law punishes violence, yet law depends on violence. In this book, a group of leading interdisciplinary legal scholars seeks to map the inexorable but unstable relationship of law to violence. What does it mean to talk about the violence of law? Do high incarceration rates and increased reliance on capital punishment indicate that U.S. law is growing more violent at a time when violence is being restrained in other legal systems? How is the violence of law represented in popular culture and does this affect law's actual legitimacy? Does violence express or distort the essence of law? Does law's violence serve justice? In deeply original essays, the authors build on the seminal work of Robert Cover--one of the few legal scholars ever to consider the question of law and violence. In striving to situate his insights within current political, social, economic, and cultural contexts, they contemplate diverse and interrelated subjects surrounding the theme of law and violence. Among these are the purpose of law as punishment, the increasing number of executions in the United States, prison violence, racial disparity in sentencing, and the meaning of torture. The result is a remarkable volume that stimulates us to reconsider connections that we too often leave unexplored. In addition to the editor, the contributors are Marianne Constable, Peter Fitzpatrick, Thomas R. Kearns, Peter Rush, Jonathan Simon, Shaun McVeigh, and Alison Young.

The Rhetoric of Judging Well

Author : David A. Frank,Francis J. Mootz III
Publisher : Penn State Press
Page : 320 pages
File Size : 46,9 Mb
Release : 2023-03-12
Category : Language Arts & Disciplines
ISBN : 9780271096131

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The Rhetoric of Judging Well by David A. Frank,Francis J. Mootz III Pdf

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.