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Classical Rhetoric and Contemporary Law

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Release : 2024
Genre : Language Arts & Disciplines
Kind : eBook
Book Rating : 391/5 ( reviews)

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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. This book was released on 2024. 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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Release : 2017-03-02
Genre : Law
Kind : eBook
Book Rating : 322/5 ( reviews)

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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. This book was released on 2017-03-02. 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

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Author :
Release : 2008
Genre : Law
Kind : eBook
Book Rating : 054/5 ( reviews)

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Book Synopsis Rediscovering Rhetoric by : Justin T. Gleeson

Download or read book Rediscovering Rhetoric written by Justin T. Gleeson. This book was released on 2008. 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

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Release : 2020-02-11
Genre : Law
Kind : eBook
Book Rating : 920/5 ( reviews)

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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. This book was released on 2020-02-11. 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

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Release : 1984
Genre : Language Arts & Disciplines
Kind : eBook
Book Rating : 347/5 ( reviews)

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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. This book was released on 1984. 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.

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