scholarly journals Comparative Legal Rhetoric

2021 ◽  
Author(s):  
Lucille A. Jewel
Keyword(s):  
Legal Rhetoric

The role of pathos: from argumentative responses to feeling and emotions

2017 ◽  
Author(s):  
Michel Meyer
Keyword(s):  
Short Distance ◽  
Social World ◽  
Legal Rhetoric ◽  
Law And Politics ◽  
The Social ◽  
And Behavior ◽  
First Time

Chapter 10 is devoted to the role of emotions or pathos. Pathos was the term ordinarily used to denote the notion of audience. For the first time since Aristotle, emotions receive a full role in a treatise on rhetoric. The responses of the audience are modulated by its emotions. What is their nature and how precisely do they operate? The areas of political and legal rhetoric are examined here in the light of an original view of the theory of distance: values at greater distance become passions at short distance, and this is one of the features which demarcates politics from law. Law and politics are not merely argumentative, nor are they entirely emotional. The norms they codify are often implicit in their shaping of our mutual expectations and behavior in the social world.

Russland und das Selbstbestimmungsrecht der Völker im postsowjetischen Raum

2021 ◽  
Vol 67 (1) ◽  
pp. 8-26
Author(s):  
Johannes Socher
Keyword(s):  
International Law ◽  
Self Determination ◽  
Legal Rhetoric ◽  
Power Politics ◽  
Regional Comparison ◽  
State Practice ◽  
Soviet Space ◽  
The Right ◽  
Fragmentation Of International Law ◽  
Post Soviet Space

As a concept of international law, the right to self-determination is widely renowned for its unclarity. Broadly speaking, one can differentiate between a liberal and a nationalist tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or ‘domesticate’ the nationalist conception by limiting it to ‘abnormal’ situations, i.e. to colonialism in the sense of ‘alien subjugation, domination and exploitation’. Essentially, this distinction between ‘normal’ and ‘abnormal’ situations has since been the heart of the matter in the legal discourse on the right to self-determination, with the important qualification regarding the need to preserve existing borders. This study situates Russia’s approach to the right to self- determination in that discourse by way of a regional comparison vis-à-vis a ‘western’ or European perspective, and a temporal comparison with the former Soviet doctrine of international law. Against the background of the Soviet Union’s role in the evolution of the right to self-determination, the bulk of the study analyses Russia’s relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation. Complemented by a review of the Russian scholarship on the topic, it is suggested that Russia’s approach to the right to self-determination may be best understood not only in terms of power politics disguised as legal rhetoric, but can be seen as evidence of traits of a regional (re-)fragmentation of international law.

Recht als Gegenstand rhetorischer Grundlagenforschung

Rhetorik ◽  
2021 ◽  
Vol 40 (1) ◽  
pp. 1-18
Author(s):  
Jens Fischer
Keyword(s):  
The Self ◽  
The Other ◽  
Legal Rhetoric ◽  
Logical Status ◽  
Realistic Picture ◽  
Self Image ◽  
Other Hand ◽  
Rhetorical Practice ◽  
Rhetorical Figure ◽  
Judicial Procedure

Abstract According to the self-image of lawyers, jurisprudence is a science: the premises in legal conclusions are truth-apt, as are the conclusions or judgements that follow from them, the cognition of true law is consequently regarded as their task. Against this background, a program that understands and analyzes law as the product of a rhetorical practice is confronted with fierce resistance. According to the research of analytical legal rhetoric, on the other hand, the evidence for a rhetorical imprint on law is overwhelming: starting with the logical status of legal inferences, to the peculiarities of judicial procedure, to the motivational situation of those involved in it, everywhere it becomes apparent that the image of strict truth-orientation inadequately describes the genesis of law. Following Aristotle, who assigned law to the field of phrónēsis and not to epistēmē, contemporary legal rhetoric research aims to draw a realistic picture of the genesis of law. Subdivided into the triad of logos, ethos, and pathos, it attempts to fully grasp the interrelationships involved. It becomes apparent that the rational or argumentative dimension is far from dominating in legal justifications. It is precisely at the neuralgic point, i.e., where arguments are opposed to each other, that the rhetor typically uses a rhetorical figure that links all levels of the triad: the restrictio.

Legal Rhetoric and Cultural Critique: Notes toward Guerrilla Writing

diacritics ◽  
1990 ◽  
Vol 20 (4) ◽  
pp. 57 ◽  
Author(s):  
Carl Gutierrez-Jones ◽  
E. D. Hirsch ◽  
Mark Kelman ◽  
Sanford Levinson ◽  
Steven Mailloux ◽  
...  
Keyword(s):  
Cultural Critique ◽  
Legal Rhetoric

scholarly journals Rhetorical training in higher education as the basis of professional speech practice of a lawyer

2021 ◽  
pp. 133-140
Author(s):  
I. A. Nikulina
Keyword(s):  
Teaching Methods ◽  
Academic Discipline ◽  
Self Esteem ◽  
Law School ◽  
Self Control ◽  
Legal Rhetoric ◽  
Student Centered ◽  
Language Competence ◽  
Approach To Learning ◽  
Communication Problems

The article examines the speech competencies formed in practical classes in the disciplines “Rhetoric for lawyers” and “Legal rhetoric in the activities of a lawyer”: communicative, textual, lexical and orthological. The article is based on the methodological understanding of rhetoric as an academic discipline that improves the speech-thinking activity of students in the direction of training “jurisprudence”. This is expressed in the ability to create professionally meaningful texts, replenishment of vocabulary in accordance with professional and intellectual needs, solving communication problems at various levels. The author of the article believes that the successful professional speech practice of a lawyer, which requires well-formed communication skills, is due, inter alia, to linguistic training at a university. The purpose of the disciplines of the humanitarian cycle is to form the rhetorical skills of students, necessary to create eff ective argumentation, the ability to speak in public and influence the persuasion of listeners; updating the writing skills of a future lawyer. The author identifi es a number of issues that are most signifi cant in teaching rhetoric, such as the formation of language competence, including communicative, textual, orthological aspects and teaching methods. The latter are based on general didactic teaching methods. Taking into account the specifi cs of training in a law school, the most eff ective is a student-centered approach to learning, namely: methods of explanation, practice, self-esteem, control and self-control. The author describes an example of a lesson methodology aimed at developing the above competencies.

scholarly journals The Shakespearean unscene: Sexual phantasies in A Midsummer Night’s Dream

2017 ◽  
Author(s):  
Lorna Hutson
Keyword(s):  
Sexual Desire ◽  
Free Play ◽  
16Th Century ◽  
Legal Rhetoric ◽  
Sexual Crimes ◽  
Midsummer Night's Dream ◽  
Female Sexual Desire ◽  
A Midsummer Night's Dream ◽  
Forensic Rhetoric

Post-Freudian and post-Foucauldian readings of A Midsummer Night’s Dream assume that the play celebrates the freeing-up of female sexual desire from neurotic inhibitions or disciplinary norms. But this is incompatible with what we know historically about 16th-century society’s investment in female chastity. This paper addresses the problem of this incompatibility by turning to Shakespeare’s use of forensic or legal rhetoric. In the Roman forensic rhetoric underlying 16th-century poetics, probable arguments of guilt or innocence are ‘invented’ from topics of circumstance, such as the Time, Place or Manner of the deed. The mysterious Night, Wood and Moonlight of Shakespeare’s play can be seen as making sexual crimes (violence, stealth, infidelity) take on the form of probability and fairy agency. The play thus brilliantly represents the stories of Theseus’s notorious rapes, abandonments and perjuries as fearful ‘phantasies’ or imaginings experienced by Hermia and Helena. This explains how the Victorians could interpret the play as a chaste, childlike ballet, while moderns and postmoderns take it to be a play about psychological repressions working against the free play of sexual desire.

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