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.
"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"--
Recent literary-critical work in legal studies reads law as a genre of literature, noting that Western law originated as a branch of rhetoric in classical Greece and lamenting the fact that the law has lost its connection to poetic language, narrative, and imagination. But modern legal scholarship has paid little attention to the actual juridical discourse of ancient Greece. This book rectifies that neglect through an analysis of the courtroom speeches from classical Athens, texts situated precisely at the intersection between law and literature. Reading these texts for their subtle literary qualities and their sophisticated legal philosophy, it proposes that in Athens' juridical discourse literary form and legal matter are inseparable. Through its distinctive focus on the literary form of Athenian forensic oratory, Law's Cosmos aims to shed new light on its juridical thought, and thus to change the way classicists read forensic oratory and legal historians view Athenian law.
Domestic violence accounts for approximately one-fifth of all violent crime in the United States and is among the most difficult issues confronting professionals in the legal and criminal justice systems. In this volume, Elizabeth Britt argues that learning embodied advocacy—a practice that results from an expanded understanding of expertise based on lived experience—and adopting it in legal settings can directly and tangibly help victims of abuse. Focusing on clinical legal education at the Domestic Violence Institute at the Northeastern University School of Law, Britt takes a case-study approach to illuminate how challenging the context, aims, and forms of advocacy traditionally embraced in the U.S. legal system produces better support for victims of domestic violence. She analyzes a wide range of materials and practices, including the pedagogy of law school training programs, interviews with advocates, and narratives written by students in the emergency department, and looks closely at the forms of rhetorical education through which students assimilate advocacy practices. By examining how students learn to listen actively to clients and to recognize that clients have the right and ability to make decisions for themselves, Britt shows that rhetorical education can succeed in producing legal professionals with the inclination and capacity to engage others whose values and experiences diverge from their own. By investigating the deep relationship between legal education and rhetorical education, Reimagining Advocacy calls for conversations and action that will improve advocacy for others, especially for victims of domestic violence seeking assistance from legal professionals.
The Encomium of Helen is thought to have been the demonstration piece of the Ancient Greek sophist, Presocratic philosopher and rhetorician, Gorgias. In this edition Malcolm MacDowell provides a useful introduction, the Greek text, his own English translation, and commentary.
Originally published as La Rhétorique dans l'Antiquité (2000), this new English edition provides students with a valuable introduction to understanding the classical art of rhetoric and its place in ancient society and politics
Ancient declamation—the practice of delivering speeches on the basis of fictitious scenarios—defies easy categorization. It stands at the crossroads of several modern disciplines. It is only within the past few decades that the full complexity of declamation, and the promise inherent in its study, have come to be recognized. This volume, which contains thirteen essays from an international team of scholars, engages with the multidisciplinary nature of declamation, focusing in particular on the various interactions in declamation between rhetoric, literature, law, and ethics. Contributions pursue a range of topics, but also complement each other. Separate essays by Brescia, Lentano, and Lupi explore social roles—their tensions and expectations—as defined through declamation. With similar emphasis on historical circumstances, Quiroga Puertas and Tomassi consider the adaptation of rhetorical material to frame contemporary realities. Schwartz draws attention to the sometimes hazy borderline between declamation and the courtroom. The relationship between laws and declamation, a topic of abiding importance, is examined in studies by Berti, Breij, and Johansson. Also with an eye to the complex interaction between laws and declamation, Pasetti offers a narratological analysis of cases of poisoning. Citti discovers the concept of natural law represented in declamatory material. While looking at a case of extreme cruelty, Huelsenbeck evaluates the nature of declamatory language, emphasizing its use as an integral instrument of performance events. Zinsmaier looks at discourse on the topic of torture in rhetorical and legal contexts.
Classical Rhetoric in the Middle Ages: The Medieval Rhetors and Their Art 400-1300, with Manuscript Survey to 1500 CE is a completely updated version of John Ward’s much-used doctoral thesis of 1972, and is the definitive treatment of this fundamental aspect of medieval and rhetorical culture. It is commonly believed that medieval writers were interested only in Christian truth, not in Graeco-Roman methods of ‘persuasion’ to whatever viewpoint the speaker / writer wanted. Dr Ward, however, investigates the content of well over one thousand medieval manuscripts and shows that medieval writers were fully conscious of and much dependent upon Graeco-Roman rhetorical methods of persuasion. The volume then demonstrates why and to what purpose this use of classical rhetoric took place.
Rhetorical theory, the core of Roman education, taught rules of public speaking that are still influential today. But Roman rhetoric has long been regarded as having little important to say about political ideas. The State of Speech presents a forceful challenge to this view. The first book to read Roman rhetorical writing as a mode of political thought, it focuses on Rome's greatest practitioner and theorist of public speech, Cicero. Through new readings of his dialogues and treatises, Joy Connolly shows how Cicero's treatment of the Greek rhetorical tradition's central questions is shaped by his ideal of the republic and the citizen. Rhetoric, Connolly argues, sheds new light on Cicero's deepest political preoccupations: the formation of individual and communal identity, the communicative role of the body, and the "unmanly" aspects of politics, especially civility and compromise. Transcending traditional lines between rhetorical and political theory, The State of Speech is a major contribution to the current debate over the role of public speech in Roman politics. Instead of a conventional, top-down model of power, it sketches a dynamic model of authority and consent enacted through oratorical performance and examines how oratory modeled an ethics of citizenship for the masses as well as the elite. It explains how imperial Roman rhetoricians reshaped Cicero's ideal republican citizen to meet the new political conditions of autocracy, and defends Ciceronian thought as a resource for contemporary democracy.
