Classical Rhetoric and Contemporary Law

Classical Rhetoric and Contemporary Law

Author: Kirsten K. Davis

Publisher: University of Alabama Press

Published: 2024

Total Pages: 299

ISBN-13: 0817361391

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"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 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

Introduction to Classical Legal Rhetoric

Author: Michael H. Frost

Publisher: Routledge

Published: 2017-03-02

Total Pages: 200

ISBN-13: 1351926322

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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.


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.


Rediscovering Rhetoric

Rediscovering Rhetoric

Author: Justin T. Gleeson

Publisher: Federation Press

Published: 2008

Total Pages: 328

ISBN-13: 9781862877054

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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.


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.


Rhetoric, Persuasion, and Modern Legal Writing

Rhetoric, Persuasion, and Modern Legal Writing

Author: Brian L. Porto

Publisher: Rowman & Littlefield

Published: 2020-02-11

Total Pages: 211

ISBN-13: 1498568920

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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.


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.


Essays on Classical Rhetoric and Modern Discourse

Essays on Classical Rhetoric and Modern Discourse

Author: Robert J. Connors

Publisher: SIU Press

Published: 1984

Total Pages: 314

ISBN-13: 9780809311347

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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.


Book Synopsis Essays on Classical Rhetoric and Modern Discourse by : Robert J. Connors

Download or read book Essays on Classical Rhetoric and Modern Discourse written by Robert J. Connors and published by SIU Press. This book was released on 1984 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Legal Persuasion

Legal Persuasion

Author: Linda L. Berger

Publisher: Routledge

Published: 2017-08-07

Total Pages: 316

ISBN-13: 1351623699

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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 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.


Cicero and Modern Law

Cicero and Modern Law

Author: Richard O. Brooks

Publisher: Routledge

Published: 2017-07-05

Total Pages: 663

ISBN-13: 1351571907

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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.


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.


The Case for Rhetoric

The Case for Rhetoric

Author: Paul M. Perell

Publisher:

Published: 1998

Total Pages: 784

ISBN-13:

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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:


The Contemporary Reception of Classical Rhetoric

The Contemporary Reception of Classical Rhetoric

Author: Kathleen E. Welch

Publisher: Routledge

Published: 2013-11-05

Total Pages: 186

ISBN-13: 1136690697

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Responding to the reassertion of orality in the twentieth century in the form of electronic media such as the telegraph, film, video, computers, and television, this unique volume traces the roots of classical rhetoric in the modern world. Welch begins by changing the current view of classical rhetoric by reinterpreting the existing texts into fluid language contexts -- a change that requires relinquishing the formulaic tradition, acquiring an awareness of translation issues, and constructing a classical rhetoric beginning with the Fifth Century B.C. She continues with a discussion of the adaptability of this material to new language situations, including political, cultural, and linguistic change, providing it with much of its power as well as its longevity. The book concludes that classical rhetoric can readily address any situation since it focuses not only on critical stances toward discourse that already exists, but also presents elaborate theories for the production of new discourse.


Book Synopsis The Contemporary Reception of Classical Rhetoric by : Kathleen E. Welch

Download or read book The Contemporary Reception of Classical Rhetoric written by Kathleen E. Welch and published by Routledge. This book was released on 2013-11-05 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Responding to the reassertion of orality in the twentieth century in the form of electronic media such as the telegraph, film, video, computers, and television, this unique volume traces the roots of classical rhetoric in the modern world. Welch begins by changing the current view of classical rhetoric by reinterpreting the existing texts into fluid language contexts -- a change that requires relinquishing the formulaic tradition, acquiring an awareness of translation issues, and constructing a classical rhetoric beginning with the Fifth Century B.C. She continues with a discussion of the adaptability of this material to new language situations, including political, cultural, and linguistic change, providing it with much of its power as well as its longevity. The book concludes that classical rhetoric can readily address any situation since it focuses not only on critical stances toward discourse that already exists, but also presents elaborate theories for the production of new discourse.


Law and Rhetoric

Law and Rhetoric

Author: Delia B. Conti

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9781531019822

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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.


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.