Search results for: rhetoric-and-the-rule-of-law

Justice Scalia

Author : Brian G. Slocum
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Justice Antonin Scalia (1936-2016) was the single most important figure in the emergence of the "new originalist" interpretation of the US Constitution, which sought to anchor the court's interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia's legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.

Rhetoric and The Rule of Law

Author : Neil MacCormick
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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'.

Democracy Rule of Law and Human Rights in Ethiopia

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Asian Discourses of Rule of Law

Author : Randall P. Peerenboom
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Rule of law, one of the pillars of the modern world, has emerged in Western liberal democracies. This book considers how rule of law is viewed and implemented in the different cultural, economic and political context of Asia.

Vom nationalen zum transnationalen Recht

Author : Ivo Appel
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An Introduction to Aristotle s Rhetoric

Author : Edward Meredith Cope
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The Elements of Rhetoric a Manual of the Laws of Taste Including the Theory and Practice of Composition

Author : Samuel Neil
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Rhetorical Processes and Legal Judgments

Author : Austin Sarat
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This detailed analysis offers new perspectives on rhetoric and law from distinguished scholars.

Rhetorical Vectors of Memory in National and International Holocaust Trials

Author : Marouf Arif Hasian
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During the past several decades, the twentieth century Holocaust has become a defining event in many histories. Hasian reviews how national and international courts have used Holocaust trials as forums for debates about individuated justice, historical record keeping, and pedagogical memory work.

Rhetoric Persuasion and Modern Legal Writing

Author : Brian L. Porto
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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.

Language rhetoric

Author : Albert Raymond Kitzhaber
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A Practical System of Rhetoric Or The Principles and Rules of Style

Author : Samuel Phillips Newman
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Logic Rhetoric and Legal Reasoning in the Qur n

Author : Rosalind Ward Gwynne
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Muslims have always used verses from the Qur'an to support opinions on law, theology, or life in general, but almost no attention has been paid to how the Qur'an presents its own precepts as conclusions proceeding from reasoned arguments. Whether it is a question of God's powers of creation, the rationale for his acts, or how people are to think clearly about their lives and fates, Muslims have so internalized Qur'anic patterns of reasoning that many will assert that the Qur'an appeals first of all to the human powers of intellect. This book provides a new key to both the Qur'an and Islamic intellectual history. Examining Qur'anic argument by form and not content helps readers to discover the significance of passages often ignored by the scholar who compares texts and the believer who focuses upon commandments, as it allows scholars of Qur'anic exegesis, Islamic theology, philosophy, and law to tie their findings in yet another way to the text that Muslims consider the speech of God.

Rhetoric and Cosmos

Author : Andrea Jane Wilson
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Law in Context

Author : Stephen Bottomley
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Reform s Rhetoric realization Relationship

Author : Peter Murrell
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Rhetoric for Legal Writers

Author : Kristen Konrad Tiscione
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This new book is intended for use by writing professors who want to inject more substance into their first-year legal research and writing course, as well as advanced legal writing students and upper-class students taking a seminar on rhetoric. The book is divided into two main sections: The first section examines rhetorical theory and its impact on legal argument from the time of ancient Greece to date. The second section, organized by the canons of classical rhetoric, discusses practical applications of rhetorical theory to the specific task of learning to think and write like a lawyer in the twenty-first century. By fusing theory and practice, a legal writer acquires depth-the ability to analyze an issue effectively using all available resources-as well as breadth-the ability to transfer her talent from one context to another. Each chapter includes questions for consideration by the students as well as samples exercises and suggested answers.

A Companion to Rhetoric and Rhetorical Criticism

Author : Walter Jost
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A Companion to Rhetoric offers the first major survey in two decades of the field of rhetorical studies and of the practice of rhetorical theory and criticism across a range of disciplines. Assesses rhetoric’s place in the larger intellectual universe. Focuses on the practical side of rhetoric, looking at specific works, problems and figures. Provides examples of rhetoric from ancient times to the present day. Written by leading scholars from a variety of different fields.

Character Evidence in the Courts of Classical Athens

Author : Vasileios Adamidis
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There has been much debate in scholarship over the factors determining the outcome of legal hearings in classical Athens. Specifically, there is divergence regarding the extent to which judicial panels were influenced by non-legal considerations in addition to, or even instead of, questions of law. Ancient rhetorical theory and practice devoted much attention to character and it is this aspect of Athenian law which forms the focus of this book. Close analysis of the dispute-resolution passages in ancient Greek literature reveals striking similarities with the rhetoric of litigants in the Athenian courts and thus helps to shed light on the function of the courts and the fundamental nature of Athenian law. The widespread use of character evidence in every aspect of argumentation can be traced to the Greek ideas of ‘character’ and ‘personality’, the inductive method of reasoning, and the social, political and institutional structures of the ancient Greek polis. According to the author’s proposed method of interpretation, character evidence was not a means of diverting the jury’s attention away from the legal issues; instead, it was a constructive and relevant way of developing a legal argument.

The rhetoric of no

Author : Ray Fabrizio
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