Rhetorical Construction of Legal Arguments

International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 35 (5):1857-1877 (2022)
  Copy   BIBTEX

Abstract

This study examines the concept of argumentation empirically, to correct the normative conception of argumentation adopted by most scholars since Aristotle. They are not interested in what argumentation is, but in what it ought to be. The pre-Aristotelian approach is preferable, because it recognizes that argumentation, although it includes persuasion, also embraces other eristic techniques in which the speaker does not necessarily seek to persuade, but simply to prevail. This broader descriptive and pragmatic analysis explains the different ways in which discourse actually occurs and particular arguments succeed, leaving in a secondary place the opinion of each author on how they should be.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 93,612

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Analytics

Added to PP
2022-01-27

Downloads
24 (#647,262)

6 months
15 (#234,774)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

Protagoras. Plato - 1956 - New York: Oxford University Press. Edited by C. C. W. Taylor.
Prior Analytics. Aristotle & Robin Smith - 1989 - New York: Kessinger Publishing. Edited by Gisela Striker.
The Sophists.W. K. C. Guthrie - 1969 - London,: Cambridge University Press.
Verifiability.Friedrich Waismann - 1947 - Journal of Symbolic Logic 12 (3):101-101.

View all 16 references / Add more references