New Rhetorics for Contemporary Legal Discourse

Legal rhetorics separates the general and particular, with singular events, facts, and names playing a significant role in legal argumentation and legal normativity. This collection explores the changes in legal form and transmission brought about by globalisation and the encounter with civilian methods, highlighting the centrality of the example and proposing new rhetorical approaches better suited to today's globalised legal practices.

Format: Hardback
Length: 192 pages
Publication date: 30 April 2020
Publisher: Edinburgh University Press

Legal rhetorics is a field of study that examines the relationship between general and particular events, facts, and names in legal argumentation and their relationship to legal normativity. It takes a diachronic approach and addresses these questions from the perspective of contemporary legal discourse. The collection explores the changes in legal form and transmission that have been generated by globalisation and the encounter of common law with European law's civilian methods. 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.

One of the key themes of legal rhetorics is the distinction between general and particular events, facts, and names. General events, facts, and names are those that are applicable to a wide range of situations, while particular events, facts, and names are those that are specific to a particular case or situation. The distinction between general and particular is important because it allows legal arguments to be made more persuasive and effective.

General events, facts, and names can be used to establish a legal principle or rule. For example, a general event, fact, or name may be used to establish that a particular action is illegal or that a particular person is guilty of a crime. Particular events, facts, and names can be used to support a general event, fact, or name. For example, a particular event, fact, or name may be used to show that a particular action was taken in a particular way or that a particular person was involved in a particular event.

The function of singular events, facts, and names in legal argumentation is to provide evidence to support a legal claim. Evidence can be in the form of testimony, documents, or other physical evidence. The more evidence that is available, the more persuasive a legal argument will be. However, the use of singular events, facts, and names can also be problematic. For example, if a singular event, fact, or name is used to support a general event, fact, or name, it may be difficult to establish that the singular event, fact, or name is relevant to the case.

One of the challenges of legal rhetorics is to develop new rhetorical approaches that are better suited to today's legal practices. This requires a deep understanding of the legal system and the legal principles that govern it. Legal rhetorics can be used to develop persuasive arguments that are based on the evidence available. However, it can also be used to develop arguments that are based on emotion or personal bias.

To address these challenges, legal rhetorics has developed a range of techniques. One of these techniques is the use of analogy. Analogy is a technique that involves comparing two or more things to show that they are similar. Analogy can be used to establish a legal principle or rule. For example, a legal principle may be established by comparing a particular event to a similar event that has been decided in a previous case.

Another technique is the use of metaphor. Metaphor is a technique that involves comparing two or more things to show that they are different. Metaphor can be used to establish a legal principle or rule. For example, a legal principle may be established by comparing a particular event to a metaphorical event that has been decided in a previous case.

In addition to these techniques, legal rhetorics has also developed a range of ethical principles. Ethical principles are principles that govern the behavior of legal professionals. Ethical principles include the principle of confidentiality, the principle of fairness, and the principle of integrity. Legal rhetorics can be used to develop arguments that are based on ethical principles.

One of the challenges of ethical principles is to ensure that they are applied consistently. This requires a deep understanding of the legal system and the legal principles that govern it. Legal rhetorics can be used to develop arguments that are based on ethical principles. However, it can also be used to develop arguments that are based on emotion or personal bias.

In conclusion, legal rhetorics is a field of study that examines the relationship between general and particular events, facts, and names in legal argumentation and their relationship to legal normativity. It takes a diachronic approach and addresses these questions from the perspective of contemporary legal discourse. The collection explores the changes in legal form and transmission that have been generated by globalisation and the encounter of common law with European law's civilian methods. 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. By developing new rhetorical approaches, legal rhetorics can help to ensure that legal arguments are more persuasive and effective.

Weight: 426g
Dimension: 231 x 268 x 13 (mm)
ISBN-13: 9781474450560