New Rhetorics for Contemporary Legal Discourse PDF Download

Author: Condello Angela Condello
Publisher: Edinburgh University Press
ISBN: 1474450598
Category : Language Arts & Disciplines
Languages : en
Pages : 237

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Book Description
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? Bringing together an international range of legal scholars, this collection takes a diachronic approach and addresses these questions from the perspective of contemporary legal discourse. It explores the changes in legal form and transmission that have been generated both by globalisation and by common law's irreversible encounter with the civilian methods of European law. It explores how, in the contemporary legal discourse, exemplarity - and all rhetoric processes based on the general-particular dichotomy more generally - regained relevance. In doing so, it highlights the centrality of the example and proposes the development of new rhetorical approaches better suited to today's legal practices which operate in a globalised field.

Author: Angela Condello
Publisher: Edinburgh University Press
ISBN: 147445058X
Category : LANGUAGE ARTS & DISCIPLINES
Languages : en
Pages : 184

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Book Description
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.

Author: Michael H. Frost
Publisher: Routledge
ISBN: 1351926322
Category : Law
Languages : en
Pages : 200

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Book Description
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.

Author: Peter Goodrich
Publisher: Springer
ISBN: 1349112836
Category : Social Science
Languages : en
Pages : 273

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Book Description
Lawyers and the law have long been the object of popular criticism and satire for the obscurity and incomprehensibility of their language. Legal Discourse provides a novel historical and systematic account of the language of the legal institution together with a sustained criticism of legal exegesis and `legalese' more generally. In the first part of the work the doctrinal history of the legal discipline and its concepts of language, text and sign are examined and assessed. In the second part the contemporary disciples of linguistics, discourse analysis and communication studies are brought to bear upon the task of constructing a theory of legal discourse as a linguistics of legal power.

Author: Stanisław Goźdź-Roszkowski
Publisher: Taylor & Francis
ISBN: 1003847803
Category : Law
Languages : en
Pages : 186

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Book Description
Integrating research methods from Linguistics with contemporary Legal Argumentation Theory, this book highlights the complexities of legal justification by focusing on the role of value-laden language in argument construction and use. The combination of linguistic analysis and the pragma-dialectic approach to legal argumentation yields a new way of perceiving and understanding the phenomenon of evaluation, one that offers theoretical and practical gains. Analyzing a vast corpus of judicial opinions from the United States Supreme Court and Poland’s Constitutional Court, the book paints a clear picture of complex linguistic choices made by judges to assess and support arguments in the justifications of their decisions. The book will be of interest to scholars in Law, Linguistics and Rhetoric, as well as to judges and practicing lawyers engaged in the art of argumentation.

Author: Angela Condello
Publisher: BRILL
ISBN: 9004448152
Category : Art
Languages : en
Pages : 131

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Book Description
In this book the authors work on an innovative comparison between law and literature, starting from the modes in which law and literature function: they read law and literature as arts of compromising.

Author: Massimo Leone
Publisher: BRILL
ISBN: 9004691480
Category : Literary Criticism
Languages : en
Pages : 410

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Book Description
This book offers a comprehensive exploration of language and semiotic ideologies, focusing on how societies construct meaning through verbal and non-verbal communication. It distinguishes itself by adopting a novel approach that bridges linguistics, semiotics, and anthropology. The research dives into uncharted territory, shedding light on the intricate connections between language, culture, and cognition, offering a perspective less common in traditional linguistics or semiotics. Throughout the book, the reader will encounter rare, illustrative examples showcasing the rich tapestry of human communication. Additionally, previously undisclosed historical data adds depth to the analysis, providing fresh insights. This work is designed for scholars seeking a deeper understanding of meaning-making processes and their cultural variations. It also serves as a resource for those interested in the complex interplay of language and semiotics in everyday life.

Author: Anne Wagner
Publisher: Edward Elgar Publishing
ISBN: 1802207260
Category : Law
Languages : en
Pages : 517

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Book Description
This comprehensive Research Handbook explores the wide variety of work conducted in legal semiotics to provide a broad understanding of how the law works through signs and symbols. Demonstrating that law is a strategical system of fluctuating signs, contributors critically analyse the ever-evolving conceptualisations of law and legal discourse.

Author: Goodrich, Peter
Publisher: Edward Elgar Publishing
ISBN: 1839102268
Category : Law
Languages : en
Pages : 640

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Book Description
In this original and thought-provoking Research Handbook, an international and interdisciplinary group of scholars, artists, lawyers, judges, and writers offer a range of perspectives on rethinking law by means of literary concepts. Presenting a comprehensive introduction to jurisliterary themes, it destabilises the traditional hierarchy that places law before literature and exposes the literary nature of the legal.

Author: M. Kelly Carr
Publisher: MSU Press
ISBN: 1628953314
Category : Language Arts & Disciplines
Languages : en
Pages : 394

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Book Description
Despite the tepid reception of Regents of the University of California v. Bakke in 1978, the Supreme Court has thrice affirmed its holding: universities can use race as an admissions factor to achieve the goal of a diverse student body. This book examines the process of rhetorical invention followed by Justice Lewis F. Powell Jr., his colleagues, and other interlocutors as they sifted through arguments surrounding affirmative action policies to settle on diversity as affirmative action’s best constitutional justification. Here M. Kelly Carr explores the goals, constraints, and argumentative tools of the various parties as they utilized the linguistic resources available to them, including arguments about race, merit, and the role of the public university in civic life. Using public address texts, legal briefs, memoranda, and draft opinions, Carr looks at how public arguments informed the amicus briefs, chambers memos, and legal principles before concluding that Powell’s pragmatic decision making fused the principle of individualism with an appreciation of multiculturalism to accommodate his colleagues’ differing opinions. She argues that Bakke is thus a legal and rhetorical milestone that helped to shift the justificatory grounds of race-conscious policy away from a recognition of historical discrimination and its call for reparative equality, and toward an appreciation of racial diversity.