Rediscovering 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.

Rediscovering Rhetoric

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 and the Law of Draco

These documents bear witness to the birth of the jury trial and of democratic rhetoric. This book, the first study of its kind, offers a systematic interpretation of Draco's law and the legal reasoning that grew out of it.

Rhetoric and the Law of Draco

Trials for murder and manslaughter in ancient Athens are preserved in a singularly full and revealing record. The earliest surviving speeches were written for such proceedings, and the laws governing such trials - laws that tradition ascribes to Draco himself - also survive in large part. These documents bear witness to the birth of the jury trial and of democratic rhetoric. This book, the first study of its kind, offers a systematic interpretation of Draco's law and the legal reasoning that grew out of it. The author outlines the historical development (7th to 4th centuries BCE), and then analyses the surviving speeches to unravel the underlying issues and practical consequences.

Rhetoric and Law in Early Modern Europe

Bringing together the work of social and legal historians, literary scholars, and historians of rhetoric and political theory, this is an interdisciplinary study of the relation of law and rhetoric in the early modern period in Europe.

Rhetoric and Law in Early Modern Europe

Bringing together the work of social and legal historians, literary scholars, and historians of rhetoric and political theory, this is an interdisciplinary study of the relation of law and rhetoric in the early modern period in Europe.

Jesus Rhetoric and Law

This book uses Greco-Roman theories and practice of gnomic speech to elaborate a rhetorical-critical model of the interaction of memory, performance and composition in the public discourse of Jesus and of both his oral and gospel-writing ...

Jesus  Rhetoric and Law

This book uses Greco-Roman theories and practice of gnomic speech to elaborate a rhetorical-critical model of the interaction of memory, performance and composition in the public discourse of Jesus and of both his oral and gospel-writing interpreters.

Rhetoric and The Rule of Law

Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simple ...

Rhetoric and The Rule of Law

Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments? Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense? Is there any reasonable certainty about legal outcomes in dispute-situations? If not, what becomes of the Rule of Law? Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simple deductive reasoning, though always necessary, is very rarely sufficient to justify a decision. There are always problems of relevancy, classification or interpretation in relation to both facts and law. In justifying conclusions about such problems, reasoning has to be universalistic and yet fully sensitive to the particulars of specific cases. How is this possible? Is legal justification at this level consequentialist in character or principled and right-based? Both normative coherence and narrative coherence have a part to play in justification, and in accounting for the validity of arguments by analogy. Looking at such long-discussed subjects as precedent and analogy and the interpretative character of the reasoning involved, Neil MacCormick expands upon his celebrated Legal Reasoning and Legal Theory (OUP 1978 and 1994) and restates his 'institutional theory of law'.

Law Hermeneutics and Rhetoric

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.

Law  Hermeneutics and Rhetoric

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.

Rhetoric of Law

Rhetoric of Law


The Rhetoric of Law

DIVAn interdisciplinary critique of the relationship between words and the law /div

The Rhetoric of Law

DIVAn interdisciplinary critique of the relationship between words and the law /div

Law s Stories

This notable volume--inspired by a symposium held at Yale Law School--brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are ...

Law s Stories

The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically. This notable volume--inspired by a symposium held at Yale Law School--brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories--confessions, victim impact statements--can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality? Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors. Contributors J. M. Balkin Peter Brooks Harlon L. Dalton Alan M. Dershowitz Daniel A. Farber Robert A. Ferguson Paul Gewirtz John Hollander Anthony Kronman Pierre N. Leval Sanford Levinson Catharine MacKinnon Janet Malcolm Martha Minow David N. Rosen Elaine Scarry Louis Michael Seidman Suzanna Sherry Reva B. Siegel Robert Weisberg

Symposium

Symposium


Law s Stories

This notable volume - inspired by a symposium held at Yale Law School - brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they ...

Law s Stories

Law is an area where vivid human stories are played out with very high stakes. This text examines how and why stories are told in the law and how they are constructed and made effective. It seeks to open new perspectives on the law as narrative exchange, performance, explanation.

Heracles Bow

The law has traditionally been regarded as a set of rules and institutions. In this thoughtful series of essays, James Boyd White urges a fresh view of the law as an essentially literary, rhetorical, and ethical activity.

Heracles  Bow

The law has traditionally been regarded as a set of rules and institutions. In this thoughtful series of essays, James Boyd White urges a fresh view of the law as an essentially literary, rhetorical, and ethical activity. Defining and elaborating his conception, he artfully bridges the fields of jurisprudence, literature, philosophy, history, and political science. The result, a new approach that may change the way we perceive the legal process, will engage not only lawyers and law students but anyone interested in the relationship between ethics, persuasion, and community. White's essays, though bound by a common perspective, are thematically varied. Each of these pieces makes eloquent and insightful reading. Taken as a whole, they establish, by triangulation, a position from which they all proceed: a view of poetry, law, and rhetoric as essentially synonymous. Only when we perceive the links between these processes, White stresses, can we begin to unite the concerns of truth, beauty, and justice in a single field of action and expression.

Law and Order in Australia

This book deals in facts and dispels myths. Don Weatherburn, Director of the NSW Bureau of Crime Statistics and Research, shows how policies are driven by the political need to manage public reactions, not to control and prevent crime.

Law and Order in Australia

How much crime is committed in Australia? What sort of crime, where and by whom? What can we do to stop it? This book deals in facts and dispels myths. Don Weatherburn, Director of the NSW Bureau of Crime Statistics and Research, shows how policies are driven by the political need to manage public reactions, not to control and prevent crime. Law and Order in Australia informs public debate about crime in Australia by contrasting popular assumptions about crime and crime control with what is actually known to be true. The opening chapter sets the scene by asking how serious Australia's crime problems are. Weatherburn then offers a critique of the way Australian governments attempt to deal with Australia's crime problems. This is followed by the foundations for a discussion of what actually works in crime prevention and control by highlighting some basic facts about crime and offenders. The final chapters discuss what the evidence reveals about crime prevention and control and the key issues in crime prevention and control in Australia. Weatherburn clearly provides numerous ideas for better policies, ones that will actually work.

Rhetoric and Law in Early Modern Europe

"The book provides a historical perspective on such issues as the role of contract law in the production of the modern subject, the intersection of rhetoric and law in the construction of gender and sexuality, and the contribution of ...

Rhetoric and Law in Early Modern Europe

"The book provides a historical perspective on such issues as the role of contract law in the production of the modern subject, the intersection of rhetoric and law in the construction of gender and sexuality, and the contribution of theories of equity to early modern notions of intention and political agency. The essays also shed light on the influence of legal decisions on early modern values in public and private life, on notions of literary fiction, and on ideas about the social contract."--Jacket.

Rhetoric Law and the Mystery of Salvation in Romans 7 1 6

Many have come to conclusion that Romans 7: 1-6 indicated a deficiency in Paul's ability to construct a coherent argument.

Rhetoric  Law  and the Mystery of Salvation in Romans 7 1 6

Many have come to conclusion that Romans 7: 1-6 indicated a deficiency in Paul's ability to construct a coherent argument. This study suggests that interpretive problems should be eliminated if the pericope is approached with the right methods. Romans 7: 1-6, examined as a rhetorical treatise, is a paradigmatic argument which is both structurally and logically coherent. A full understanding also demands a re-evaluation of the meaning and reference of law in Romans. Utilizing semantic analyses, the author suggests that law often refers to the Decalogue. In this pericope, Paul demonstrates how a sinful individual who is condemned by law is transformed into a spiritual individual who is commended by law.