New Rhetorics for Contemporary Legal Discourse

New Rhetorics for Contemporary Legal Discourse
Author: Condello Angela Condello
Publisher: Edinburgh University Press
Total Pages: 237
Release: 2020-03-18
Genre: Language Arts & Disciplines
ISBN: 1474450598

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.

New Rhetorics for Contemporary Legal Discourse

New Rhetorics for Contemporary Legal Discourse
Author: Angela Condello
Publisher: Edinburgh University Press
Total Pages: 184
Release: 2020-03-18
Genre: LANGUAGE ARTS & DISCIPLINES
ISBN: 147445058X

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.

Introduction to Classical Legal Rhetoric

Introduction to Classical Legal Rhetoric
Author: Michael H. Frost
Publisher: Routledge
Total Pages: 200
Release: 2017-03-02
Genre: Law
ISBN: 1351926322

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.

Legal Discourse

Legal Discourse
Author: Peter Goodrich
Publisher: Springer
Total Pages: 273
Release: 1990-02-19
Genre: Social Science
ISBN: 1349112836

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.

Language and Legal Judgments

Language and Legal Judgments
Author: Stanisław Goźdź-Roszkowski
Publisher: Taylor & Francis
Total Pages: 186
Release: 2024-02-06
Genre: Law
ISBN: 1003847803

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.

A Theory of Law and Literature

A Theory of Law and Literature
Author: Angela Condello
Publisher: BRILL
Total Pages: 131
Release: 2020-11-16
Genre: Art
ISBN: 9004448152

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.

Semiotic Ideologies

Semiotic Ideologies
Author: Massimo Leone
Publisher: BRILL
Total Pages: 410
Release: 2024-10-03
Genre: Literary Criticism
ISBN: 9004691480

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.

Rhetoric and Discourse in Supreme Court Oral Arguments

Rhetoric and Discourse in Supreme Court Oral Arguments
Author: Ryan Malphurs
Publisher: Routledge
Total Pages: 248
Release: 2013-01-04
Genre: Language Arts & Disciplines
ISBN: 1136182292

While legal scholars, psychologists, and political scientists commonly voice their skepticism over the influence oral arguments have on the Court’s voting pattern, this book offers a contrarian position focused on close scrutiny of the justices’ communication within oral arguments. Malphurs examines the rhetoric, discourse, and subsequent decision-making within the oral arguments for significant Supreme Court cases, visiting their potential power and danger and revealing the rich dynamic nature of the justices’ interactions among themselves and the advocates. In addition to offering advancements in scholars’ understanding of oral arguments, this study introduces Sensemaking as an alternative to rational decision-making in Supreme Court arguments, suggesting a new model of judicial decision-making to account for the communication within oral arguments that underscores a glaring irony surrounding the bulk of related research—the willingness of scholars to criticize oral arguments but their unwillingness to study this communication. With the growing accessibility of the Court’s oral arguments and the inevitable introduction of television cameras in the courtroom, this book offers new theoretical and methodological perspectives at a time when scholars across the fields of communication, law, psychology, and political science will direct even greater attention and scrutiny toward the Supreme Court.

Research Handbook on Legal Semiotics

Research Handbook on Legal Semiotics
Author: Anne Wagner
Publisher: Edward Elgar Publishing
Total Pages: 517
Release: 2023-11-03
Genre: Law
ISBN: 1802207260

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.