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Book Classical Rhetoric and Contemporary Law

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 Introduction to Classical Legal Rhetoric

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.

Book Classical Rhetoric for the Modern Student

Download or read book Classical Rhetoric for the Modern Student written by Edward P. J. Corbett and published by . This book was released on 1974 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Cicero and Modern Law

    Book Details:
  • Author : Richard O. Brooks
  • Publisher : Routledge
  • Release : 2017-07-05
  • ISBN : 1351571907
  • Pages : 663 pages

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.

Book Classical Rhetoric in the Middle Ages

Download or read book Classical Rhetoric in the Middle Ages written by John O. Ward and published by BRILL. This book was released on 2018-12-24 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classical Rhetoric in the Middle Ages: The Medieval Rhetors and Their Art 400-1300, with Manuscript Survey to 1500 CE is a completely updated version of John Ward’s much-used doctoral thesis of 1972, and is the definitive treatment of this fundamental aspect of medieval and rhetorical culture.

Book Law and Rhetoric

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.

Book Law s Stories

    Book Details:
  • Author : Peter Brooks
  • Publisher : Yale University Press
  • Release : 1996-01-01
  • ISBN : 9780300146295
  • Pages : 316 pages

Download or read book Law s Stories written by Peter Brooks and published by Yale University Press. This book was released on 1996-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg.

Book Rhetoric in Antiquity

Download or read book Rhetoric in Antiquity written by Laurent Pernot and published by CUA Press. This book was released on 2005 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published as La Rhétorique dans l'Antiquité (2000), this new English edition provides students with a valuable introduction to understanding the classical art of rhetoric and its place in ancient society and politics

Book Legal Persuasion

    Book Details:
  • Author : Linda L. Berger
  • Publisher : Routledge
  • Release : 2017-08-07
  • ISBN : 1351623699
  • Pages : 316 pages

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 Reimagining Advocacy

Download or read book Reimagining Advocacy written by Elizabeth C. Britt and published by Penn State Press. This book was released on 2018-05-17 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic violence accounts for approximately one-fifth of all violent crime in the United States and is among the most difficult issues confronting professionals in the legal and criminal justice systems. In this volume, Elizabeth Britt argues that learning embodied advocacy—a practice that results from an expanded understanding of expertise based on lived experience—and adopting it in legal settings can directly and tangibly help victims of abuse. Focusing on clinical legal education at the Domestic Violence Institute at the Northeastern University School of Law, Britt takes a case-study approach to illuminate how challenging the context, aims, and forms of advocacy traditionally embraced in the U.S. legal system produces better support for victims of domestic violence. She analyzes a wide range of materials and practices, including the pedagogy of law school training programs, interviews with advocates, and narratives written by students in the emergency department, and looks closely at the forms of rhetorical education through which students assimilate advocacy practices. By examining how students learn to listen actively to clients and to recognize that clients have the right and ability to make decisions for themselves, Britt shows that rhetorical education can succeed in producing legal professionals with the inclination and capacity to engage others whose values and experiences diverge from their own. By investigating the deep relationship between legal education and rhetorical education, Reimagining Advocacy calls for conversations and action that will improve advocacy for others, especially for victims of domestic violence seeking assistance from legal professionals.

Book Law and Ethics in Greek and Roman Declamation

Download or read book Law and Ethics in Greek and Roman Declamation written by Eugenio Amato and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-03-10 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ancient declamation—the practice of delivering speeches on the basis of fictitious scenarios—defies easy categorization. It stands at the crossroads of several modern disciplines. It is only within the past few decades that the full complexity of declamation, and the promise inherent in its study, have come to be recognized. This volume, which contains thirteen essays from an international team of scholars, engages with the multidisciplinary nature of declamation, focusing in particular on the various interactions in declamation between rhetoric, literature, law, and ethics. Contributions pursue a range of topics, but also complement each other. Separate essays by Brescia, Lentano, and Lupi explore social roles—their tensions and expectations—as defined through declamation. With similar emphasis on historical circumstances, Quiroga Puertas and Tomassi consider the adaptation of rhetorical material to frame contemporary realities. Schwartz draws attention to the sometimes hazy borderline between declamation and the courtroom. The relationship between laws and declamation, a topic of abiding importance, is examined in studies by Berti, Breij, and Johansson. Also with an eye to the complex interaction between laws and declamation, Pasetti offers a narratological analysis of cases of poisoning. Citti discovers the concept of natural law represented in declamatory material. While looking at a case of extreme cruelty, Huelsenbeck evaluates the nature of declamatory language, emphasizing its use as an integral instrument of performance events. Zinsmaier looks at discourse on the topic of torture in rhetorical and legal contexts.

Book The History and Theory of Rhetoric

Download or read book The History and Theory of Rhetoric written by James A. Herrick and published by Routledge. This book was released on 2015-08-07 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The History and Theory of Rhetoric offers discussion of the history of rhetorical studies in the Western tradition, from ancient Greece to contemporary American and European theorists that is easily accessible to students. By tracing the historical progression of rhetoric from the Greek Sophists of the 5th Century B.C. all the way to contemporary studies–such as the rhetoric of science and feminist rhetoric–this comprehensive text helps students understand how persuasive public discourse performs essential social functions and shapes our daily worlds. Students gain conceptual framework for evaluating and practicing persuasive writing and speaking in a wide range of settings and in both written and visual media. Known for its clear writing style and contemporary examples throughout, The History and Theory of Rhetoric emphasizes the relevance of rhetoric to today's students.

Book Farnsworth s Classical English Rhetoric

Download or read book Farnsworth s Classical English Rhetoric written by Ward Farnsworth and published by David R. Godine Publisher. This book was released on 2010-11 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rhetoric is among the most ancient academic disciplines, and we all use it every day whether expertly or not. This book is a lively set of lessons on the subject. It is about rhetorical figures: practical ways of applying old and powerful principles--repetition and variety, suspense and relief, concealment and surprise, the creation of expectations and then the satisfaction or frustration of them--to the composition of a simple sentence or a complete paragraph. --from publisher description.

Book Rhetoric for Legal Writers

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:

Book The Oxford Handbook of Rhetorical Studies

Download or read book The Oxford Handbook of Rhetorical Studies written by Michael John MacDonald and published by Oxford University Press. This book was released on 2017 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring roughly sixty specially commissioned essays by an international cast of leading rhetoric experts from North America, Europe, and Great Britain, the Handbook will offer readers a comprehensive topical and historical survey of the theory and practice of rhetoric from ancient Greece and Rome through the Middle Ages and Enlightenment up to the present day.

Book Ancient Rhetorics for Contemporary Students

Download or read book Ancient Rhetorics for Contemporary Students written by Sharon Crowley and published by Longman Publishing Group. This book was released on 1999 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: A textbook of American Rhetoric.

Book Law s Cosmos

    Book Details:
  • Author : Victoria Wohl
  • Publisher : Cambridge University Press
  • Release : 2010-01-07
  • ISBN : 1139483714
  • Pages : 377 pages

Download or read book Law s Cosmos written by Victoria Wohl and published by Cambridge University Press. This book was released on 2010-01-07 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent literary-critical work in legal studies reads law as a genre of literature, noting that Western law originated as a branch of rhetoric in classical Greece and lamenting the fact that the law has lost its connection to poetic language, narrative, and imagination. But modern legal scholarship has paid little attention to the actual juridical discourse of ancient Greece. This book rectifies that neglect through an analysis of the courtroom speeches from classical Athens, texts situated precisely at the intersection between law and literature. Reading these texts for their subtle literary qualities and their sophisticated legal philosophy, it proposes that in Athens' juridical discourse literary form and legal matter are inseparable. Through its distinctive focus on the literary form of Athenian forensic oratory, Law's Cosmos aims to shed new light on its juridical thought, and thus to change the way classicists read forensic oratory and legal historians view Athenian law.