Classical Rhetoric and Contemporary Law: A Critical Reader

A critical reader that explores the interplay between ancient rhetorical traditions and modern legal practice, highlighting how classical rhetorical insights can challenge and enrich our understanding of contemporary legal principles. The book pairs passages from classical rhetoric with contemporary legal rulings to demonstrate the enduring relevance of the classical tradition to contemporary jurisprudence.

Format: Paperback / softback
Length: 312 pages
Publication date: 30 April 2024
Publisher: The University of Alabama Press

A comprehensive exploration of the intricate relationship between classical rhetoric and contemporary legal rulings is presented in Classical Rhetoric and Contemporary Law: A Critical Reader. This insightful work delves into the historical connections between these two fields, highlighting their profound and enduring influence on matters of persuasion. Spanning from the Panegyricus of Isocrates in 380 BCE to the landmark US Supreme Court case Trump v. Hawaii in 2018, and from the First Tetralogy of Antiphons in the fifth century BCE to the O. J. Simpson trial in 1995, the volume draws upon a diverse range of sources to shed light on how ancient rhetorical insights can still be applied to understand and enhance our contemporary legal principles.

The collection begins with a comprehensive review of the historical evolution of rhetoric, providing a foundation for the subsequent chapters. The second part explores the works of two rhetorical theorists whose writings mark the decline of classical rhetoric as a mode of thought. A contemporary appellate case is juxtaposed with the insights of Giambattista Vico, an eighteenth-century professor of rhetoric who cautioned against the separation of law from rhetoric. The analysis of the works of twentieth-century scholars ChaÏm Perelman and Lucie Olbrects-Tyteca reveals that where Cartesian rationality fails, the humanistic tradition of rhetoric enables the law to respond to the demands of justice.

In the third part, ten case studies bring together a classical rhetorical theorist with a contemporary court case, demonstrating the enduring relevance of the classical tradition to contemporary jurisprudence. These case studies encompass a wide range of legal issues, from constitutional law to intellectual property rights, and showcase how classical rhetorical techniques can be employed to effectively argue and persuade.

Classical Rhetoric and Contemporary Law appeals to a diverse audience, including legal scholars, rhetorical experts, English scholars, and communication scholars. By bridging the gap between these disciplines, the book fosters interdisciplinary dialogue and encourages a deeper understanding of the complex interplay between law and rhetoric. It serves as a valuable resource for students, educators, and practitioners seeking to enhance their persuasive skills and apply classical rhetorical principles to legal arguments.

In conclusion, Classical Rhetoric and Contemporary Law: A Critical Reader offers a comprehensive and insightful exploration of the profound connections between classical rhetoric and contemporary legal rulings. Through its cross-disciplinary approach, the book sheds light on the enduring influence of ancient rhetorical traditions on our understanding of law and justice. It serves as a valuable tool for scholars, practitioners, and anyone interested in exploring the power of language and persuasion in legal contexts.

Weight: 482g
Dimension: 230 x 154 x 27 (mm)
ISBN-13: 9780817361396