This paper applies recent work on scripts and stories developed as tools of evidential reasoning in artificial intelligence to model the use of argument from analogy as a rhetorical device of persuasion. The example studied is Gerry Spence’s closing argument in the case of Silkwood v. Kerr-McGee Corporation, said to be the most persuasive closing argument ever used in an American trial. It is shown using this example how argument from analogy is based on a similarity premise where similarity between (...) two cases is modeled using the device of a story scheme from the hybrid theory of legal evidential reasoning (Bex in Arguments, stories and criminal evidence: a formal hybrid theory. Springer, Dordrecht 2011). It is shown how the rhetorical strategy of Spence’s argumentation in the closing argument interweaves argument from analogy with explanation through three levels. (shrink)

This book discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. It shows how and why lawyers arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and universality of legal reasoning, looking at arguments of consequentialism and principle, and concludes by questioning the infallibility of judges as lawmakers.

"Lawyers and the law have long been the object of popular criticism and satire for the obscurity and incomprehensibility of their language. Legal Discourse provides a novel historical and systematic account of the language of the legal institution together with a sustained criticism of legal exegesis and `legalese' more generally. In the first part of the work the doctrinal history of the legal discipline and its concepts of language, text and sign are examined and assessed. In (...) the second part the contemporary disciples of linguistics, discourse analysis and communication studies are brought to bear upon the task of constructing a theory of legal discourse as a linguistics of legal power" -- Backcover. (shrink)

The covenant -- Signs and precedents -- The Sunna of God -- Rules, commands, and reasons why -- Legal arguments -- Comparison -- Contrast -- Categorical arguments -- Conditional and disjunctive arguments -- Technical terms and debating technique -- Conclusions.

Over the last several decades legal scholars have plumbed law's rhetorical life. Scholars have done so under various rubrics, with law and literature being among the most fruitful venues for the exploration of law's rhetoric and the way rhetoric shapes law. Today, new approaches are shaping this exploration. Among the most important of these approaches is the turn toward history and toward what might be called an 'embedded' analysis of rhetoric in law. Historical and embedded approaches (...) locate that analysis in particular contexts, seeking to draw our attention to how the rhetorical dimensions of legal life works in those contexts. Rhetorical Processes and Legal Judgments seeks to advance that mode of analysis and also to contribute to the understanding of the rhetorical structure of judicial arguments and opinions. (shrink)

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. (shrink)

The task of rhetorical role labeling is to assign labels (such as Fact, Argument, Final Judgement, etc.) to sentences of a court case document. Rhetorical role labeling is an important problem in the field of Legal Analytics, since it can aid in various downstream tasks as well as enhances the readability of lengthy case documents. The task is challenging as case documents are highly various in structure and the rhetorical labels are often subjective. Previous works for automatic rhetorical role (...) identification (i) mainly used Conditional Random Fields over manually handcrafted features, and (ii) focused on certain law domains only (e.g., Immigration cases, Rent law), and a particular jurisdiction/country (e.g., US, Canada, India). In this work, we improve upon the prior works on rhetorical role identification by proposing novel Deep Learning models for automatically identifying rhetorical roles, which substantially outperform the prior methods. Additionally, we show the effectiveness of the proposed models over documents from five different law domains, and from two different jurisdictions—the Supreme Court of India and the Supreme Court of the UK. Through extensive experiments over different variations of the Deep Learning models, including Transformer models based on BERT and LegalBERT, we show the robustness of the methods for the task. We also perform an extensive inter-annotator study and analyse the agreement of the predictions of the proposed model with the annotations by domain experts. We find that some rhetorical labels are inherently hard/subjective and both law experts and neural models frequently get confused in predicting them correctly. (shrink)

Legal judgments are complex in nature and hence a brief summary of the judgment, known as a headnote , is generated by experts to enable quick perusal. Headnote generation is a time consuming process and there have been attempts made at automating the process. The difficulty in interpreting such automatically generated summaries is that they are not coherent and do not convey the relative relevance of the various components of the judgment. A legal judgment can be segmented into (...) coherent chunks based on the rhetorical roles played by the sentences. In this paper, a comprehensive system is proposed for labeling sentences with their rhetorical roles and extracting structured head notes automatically from legal judgments. An annotated data set was created with the help of legal experts and used as training data. A machine learning technique, Conditional Random Field, is applied to perform document segmentation by identifying the rhetorical roles. The present work also describes the application of probabilistic models for the extraction of key sentences and composing the relevant chunks in the form of a headnote. The understanding of basic structures and distinct segments is shown to improve the final presentation of the summary. Moreover, by adding simple additional features the system can be extended to other legal sub-domains. The proposed system has been empirically evaluated and found to be highly effective on both the segmentation and summarization tasks. The final summary generated with underlying rhetorical roles improves the readability and efficiency of the system. (shrink)

The thesis is defended that rhetoric is not, as is often said, a discipline which is hierarchically subordinate to dialectic. It is argued that the modalities of the links between rhetoric and dialectic must be seen in a somewhat different light: rhetoric and dialectic should be viewed as two complementary disciplines. On the basis of a historical survey of the views of various authors on the links between rhetoric and dialectic, it is concluded that efforts to (...) establish clear boundaries or unequivocal conceptual or moral hierarchical relationships between the two disciplines have failed and that therefore, they must be conceived as being mutually dependent. (shrink)

This essay discusses the most recent manifestations of the debate of the law and literature movement. The essay traces the evolution of the Law and Literature schools and identifies some of their adherents and conclusions, shows how these schools have influenced the conceptual development and teaching of American law, presents connections between the Critical Legal Studies and Law and Economics movements in the U.S., and raises questions about the Law and Literature movement.

While the formal treatment of arguments in the late medieval modi arguendi owes much to dialectic, this does not remove the substance and function of the argumentative modes discussed from the realm of rhetoric. These works, designed to teach law students skills in legal argumentation, remain importantly focused on persuasive features of argumentation which have traditionally been strongly associated with a rhetorical approach, particularly in efforts to differentiate from it dialectic as a more strictly scientific and logical form (...) of reasoning. This also sheds some light on the relative roles logic and rhetoric play in the legal discourse of our own time. In their approach to persuasive legal discourse, the modi arguendi stand between the argumentative rhetorics of Antiquity and the rhetoricized dialectics of the Renaissance, and by linking the minute technicalities of professionalized law with broad general considerations of justice, utility, nature, and emotion, they mediate between the modem trend towards atomized field-specific rhetorics and the classical idea of a unified civic rhetoric. (shrink)

The author argues that simple constructive dilemma is a valuable argument form for reasoning under relative conditions of uncertainty. When applied to legal argument this value of simple constructive dilemma is shown in its political, strategic, rhetorical, and especially economic, uses by lawyers and judges. After considering some examples of the use of the form by trial lawyers, the author gives examples of the more interesting use of the form by appellate courts. Research into the use of simple constructive (...) dilemma by appellate courts helps us to understand how those courts distribute judicial resources. It also helps us to understand the political role of the appellate courts with respect to the doctrine of the separation of powers. Given some of the specific examples of legal reasoning used by the appellate courts presented in this article, and given the discussion of the doctrine of precedent, the article’s focus is on common law legal systems of the Anglo-American-type. (shrink)

Too often C. S. Peirce’s theory of signs is used simply as a classificatory scheme rather than primarily as a heuristic framework (that is, a framework designed and modified primarily for the purpose of goading and guiding inquiry in any field in which signifying processes or practices are present). Such deployment of his semeiotic betrays the letter no less than the spirit of Peirce’s writings on signs. In this essay, the author accordingly presents Peirce’s sign theory as a heuristic framework, (...) attending to some of the most important ways that it might serve to facilitate a semeiotic investigation of our legal practices. He pays close attention to the ways the topics of history, formalism, reductionism, and generality become, from a Peircean perspective, salient features of legal studies. (shrink)

The New Rhetoric is founded on the idea that since "argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced," says Chaïm Perelman and L. Olbrechts-Tyteca, and they rely, in particular, for their theory of argumentation on the twin concepts of universal and particular audiences: while every argument is directed to a specific individual or group, the orator decides what information and what approaches will (...) achieve the greatest adherence according to an ideal audience. This ideal, Perelman explains, can be embodied, for example, in God, in all reasonable and competent men, in the man deliberating or in an elite." Like particular audiences, then, the universal audience is never fixed or absolute but depends on the orator, the content and goals of the argument, and the particular audience to whom the argument is addressed. These considerations determine what information constitutes facts and reasonableness and thus help to determine the universal audience that, in turn, shapes the orator's approach. The adherence of an audience is also determined by the orator's use of values, a further key concept of the New Rhetoric. Perelman's treatment of value and his view of epideictic rhetoric sets his approach apart from that of the ancients and of Aristotle in particular. Aristotle's division of rhetoric into three genres-forensic, deliberative, and epideictic-is largely motivated by the judgments required for each: forensic or legal arguments require verdicts on past action, deliberative or political rhetoric seeks judgment on future action, and epideictic or ceremonial rhetoric concerns values associated with praise or blame and seeks no specific decisions. For Aristotle, the epideictic genre was of limited importance in the civic realm since it did not concern facts or policies. Perelman, in contrast, believes not only that epideictic rhetoric warrants more attention, but that the values normally limited to that genre are in fact central to all argumentation. Epideictic oratory, Perelman argues, has significant and important argumentation for strengthening the disposition toward action by increasing adherence to the values it lauds." These values are central to the persuasiveness of arguments in all rhetorical genres since the orator always attempts to establish a sense of communion centered around particular values recognized by the audience.". (shrink)

By looking at rhetoric and politics, this book offers a novel account of Juan Luis Vives' intellectual oeuvre. It argues that Vives adjusted rhetorical theory to a monarchical context in which direct speech was not a possibility, demonstrated how Erasmian languages of ethical self-government and political peace were actualized rhetorically and critically in a princely environment and, finally, rethought the cognitive and emotional foundations of humanist rhetoric in his late and famous De anima et vita (1538). Ultimately, towards (...) the end of his life, Vives epitomized a distinctively cognitive view of politics; he maintained that political concord was not a direct outcome of institutional or legal reform or of the spiritual transformation of the Christian world (an optimistic Erasmian interpretation), but that concord could only be upheld once the dynamics of emotions that motivated political action were understood and controlled through responsible rhetoric that respected decorum and civility. (shrink)

The thesis that propositions of law are intrinsically arguable is opposed by the antithesis that the Rule of Law is valued for the sake of legal certainty. The synthesis considers the insights of theories of rhetoric and proceduralist theories of practical reason, then locates the problem of indeterminacy of law in the context of the challengeable character of governmental action under free governments. This is not incompatible with, but required by the Rule of Law, which is misstated as (...) securing legal certainty. Defeasible certainty is the most that is desirable or achievable. (shrink)

The New Rhetoric is founded on the idea that since “argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced,” says Chaïm Perelman and L. Olbrechts-Tyteca, and they rely, in particular, for their theory of argumentation on the twin concepts of universal and particular audiences: while every argument is directed to a specific individual or group, the orator decides what information and what approaches will (...) achieve the greatest adherence according to an ideal audience. This ideal, Perelman explains, can be embodied, for example, "in God, in all reasonable and competent men, in the man deliberating or in an elite.” Like particular audiences, then, the universal audience is never fixed or absolute but depends on the orator, the content and goals of the argument, and the particular audience to whom the argument is addressed. These considerations determine what information constitutes "facts" and "reasonableness" and thus help to determine the universal audience that, in turn, shapes the orator's approach. /// The adherence of an audience is also determined by the orator's use of values, a further key concept of the New Rhetoric. Perelman's treatment of value and his view of epideictic rhetoric sets his approach apart from that of the ancients and of Aristotle in particular. Aristotle's division of rhetoric into three genres–forensic, deliberative, and epideictic–is largely motivated by the judgments required for each: forensic or legal arguments require verdicts on past action, deliberative or political rhetoric seeks judgment on future action, and epideictic or ceremonial rhetoric concerns values associated with praise or blame and seeks no specific decisions. For Aristotle, the epideictic genre was of limited importance in the civic realm since it did not concern facts or policies. Perelman, in contrast, believes not only that epideictic rhetoric warrants more attention, but that the values normally limited to that genre are in fact central to all argumentation. "Epideictic oratory," Perelman argues, "has significant and important argumentation for strengthening the disposition toward action by increasing adherence to the values it lauds.” These values are central to the persuasiveness of arguments in all rhetorical genres since the orator always attempts to "establish a sense of communion centered around particular values recognized by the audience.”. (shrink)

This thought-provoking book initiates a dialogue among scholars in rhetoric and hermeneutics in many areas of the humanities. Twenty leading thinkers explore the ways these two powerful disciplines inform each other and influence a wide variety of intellectual fields. Walter Jost and Michael J. Hyde organize pivotal topics in rhetoric and hermeneutics with originality and coherence, dividing their book into four sections: Locating the Disciplines; Inventions and Applications; Arguments and Narratives; and Civic Discourse and Critical Theory. Contributors to (...) this volume include Hans-Georg Gadamer, Paul Ricoeur, Gerald L. Bruns, Charles Altieri, Richard E. Palmer, Calvin O. Schrag,.Victoria Kahn, Eugene Garver, Michael Leff, Nancy S. Streuver, Wendy Olmsted, David Tracy, Donald G. Marshall, Allen Scult, Rita Copeland, William Rehg, and Steven Mailloux. For readers across the humanities, the book demonstrates the usefulness of rhetorical and hermeneutic approaches in literary, philosophical, legal, religious, and political thinking. With its stimulating new perspectives on the revival and interrelation of both rhetoric and hermeneutics, this collection is sure to serve as a benchmark for years to come. (shrink)

The great challenge of rhetorical argument is to make discourse ethical without making it less logical. This challenge is of central importance throughout the full range of practical argument, and understanding the relation of the ethical to the logical is one of the principal contributions the humanities, in this case the study of rhetoric, can make to legal scholarship. Aristotle’s Rhetoric shows how arguments can be ethical and can create ethical relations between speaker and hearer. I intend (...) to apply Aristotle’s analysis to a phenomenon that did not yet exist for him, that of authority, by asking how the acts of asserting and accepting authority can be ethical acts. I take as a test case a peculiarly unfortunate and inept appeal to authority, that offered by the counsel for the District of Columbia in arguing Bolling v Sharp who cited Taney’s opinion in Dred Scott to clinch his point. By seeing just what goes wrong in such a maladroit appeal, I explore the rational, voluntary and ethical dimensions of a decision to accept a given commitment to authority. I use Joseph Raz’s analysis of authority and the relation of reason to authority, yet think I go beyond Raz by exploring the deliberate and voluntary nature of submission to authority. Choosing to be bound by an authority is an ethical act. As such it is always rational and yet never purely rational. The Supreme Court’s choice of authorities is part of its making itself into an authority, and is a paradigm of the ethical act of choosing to be obligated. Choosing to be committed or obligated is a central paradox of political theory and considerations of authority and obligation, at least since early social contract theorists. However, its importance for judicial reasoning, which at the same time chooses to submit to authority and itself becomes an authority, has not been noted. Consideration of the relations between the ethical and the logical can help us better to articulate the constitution of ethical authority. (shrink)

In this paper, I examine the rhetoric employed by court judgements, with a particular emphasis on the narrative construct of the ‘passive patient’. This construction advances and reinforces paternalistic values, which have scant regard for the patients’ preferences, values, or choices within the legal context. Further, I critique the rhetoric employed and argue that the use of this rhetoric is the basis for a precedent that limits the understanding and respect of patients. Through this paper, I (...) present the contemporary use of the ‘passive patient’ construct in the context of the Indian legal system and describe how such constructions have become a source of normative justification for legal reasoning that jeopardizes the patient’s agency. I argue for the primacy of ‘respect for persons’ within Indian law and the need to treat each patient as a person who has agency, preferences, and values during clinical interactions. I conclude by suggesting that laws that adopt narratives that acknowledging the significance of patient engagement and the relevance of effective communication during clinical encounters would help cultivate a culture of patient-centred care, by moving beyond the rhetoric of ‘passive patient’ and the ‘health/choice’ dichotomy. (shrink)

United States law and culture have yet to find a constructive and fair way to talk about rape, especially in “non-paradigmatic” rape cases like acquaintance or date rape. Particularly on college campuses, acquaintance rape is an ongoing, severe problem. Leading legal minds disagree sharply on how to address it. In part, this polarizing debate stems from our collective inability to free our language of the myths and stock stories that plague the subject of rape. No court case better exemplifies (...) the problem than the notorious decision of the Pennsylvania Supreme Court in Commonwealth v. Berkowitz, one of the most widely taught rape cases in the United States. In his empirical study of attitudes on rape, Professor Dan Kahan used the Berkowitz facts in part because they are such an iconic representation of some of the more difficult and troubling issues surrounding acquaintance rape. In that study, Kahan concluded that whether people perceive a story as describing “rape” depends primarily on cultural cognition, meaning the cultural group to which the reader of the story belongs. The text and substance of the law’s definition of rape mattered little. Kahan concluded that if we wish to change outcomes in rape cases, the cultural understandings of rape, more than the law, must change. This essay takes Kahan’s conclusion that cultural understanding is the primary driver of rape outcomes and asks the question: from where does that cultural understanding come? In no small part, this essay argues, those cultural beliefs come from the law, particularly from legal narratives. The facts of judicial opinions reflect the judges’ cultural understanding of rape and then that cultural understanding becomes what rape is (and isn’t). That image of rape then powerfully influences cultural understanding within and outside of law. It is a recursive process by which legal narratives create and reinforce cultural understanding which then itself creates and reinforces legal narratives and so on in an endless loop. In this way, law is neither irrelevant nor innocent in the outcome of rape cases. It is just exerting its influence, often imperceptibly, through rhetoric. (shrink)

One of the most crucial questions in the philosophy of law deals with the very nature of legal reasoning. Does this reasoning belong to logic or to rhetoric? This debate, increasingly centered on rhetoric, is not merely a question of language use; it covers and indicates a more basic choice between formal legalism — focusing on rational deduction from the law — and pragmatic judiciarism — focusing on reasonable debate in the court.Today, it is necessary to circumscribe (...) the respective fields of logic and rhetoric in the language of law, while showing how they are sometimes complementary in the resolution of legal problems.But, even when we have acknowledged the need for a rhetoric accompanied by logic, we have to define that rhetoric cautiously. I confront a narrow rhetoric, often called argumentation, with a wider one of interrogative nature. There are two conceptions of rationality at stake. Their comparison enables us to raise the question of the foundation of law, as a locus to use arguments, as well as to solve social problems. (shrink)

The paper purports to provide an analytical treatment of the truth and legal interpretation issue. In the first part, it lays down a conceptual apparatus meant to capture the main aspects of the legal interpretation phenomenon, with particular attention paid to the several kinds of linguistic outputs resulting from interpretive activities. In the second part, it recalls three different notions of truth, focussing, so far as systemic truth is concerned, on the difference between deductive and rhetorical normative systems. (...) In the third, and last, part, it shows in which ways the phenomenon of legal interpretation encompasses truth-apt entities, leaving the choice between austere and liberal alethic pluralism to the reader. A few, final remarks address the formalism/scepticism problem. (shrink)

Public policy decisions often require rhetorically-engaged citizens to have some understanding of the science and technology involved. On many current issues sectors of the public hold views differing from those of most scientists, and they often do not support proposals based on the scientists’ views. The overall cultural authority of science has also been challenged in the last decade by several negative trends in the sciences themselves, including widely-reported cases of fraud and failures in replication. With the support of professional (...) science organizations, science communication specialists have stepped in aggressively to address science’s communication problems scientifically. This paper will examine the assumptions behind their advice on scientific information, their recommended strategies of framing, narration, and projecting trustworthiness, and their characterizations of audiences and the nature of science itself. From the perspective of rhetorical argumentation, the science communication literature does not promote addressing audiences as citizens capable of rational argumentation. But the science of science communication is likely to remain the dominant approach to public science with the professional science community. (shrink)

The theory of rhetoric is recognised and widely used in a number of disciplines, particularly in the social sciences. It is therefore slightly surprising that it has not gained an important footing in jurisprudence. It is often argued that rhetoric and argumentative justification are clearly different issues. However, the present paper argues that they are in fact two aspects of argumentation and that the theory of rhetoric may be used also in the context of legal reasoning.

This book examines the conceptual contributions of constituent representatives in Spain during the nineteenth and twentieth centuries. The Spanish Parliament has been the stage for the political modernisation of the country. Constitutional debates have historically led to the gradual acknowledgement and broadening – usually unevenly – of citizens’ rights. At the same time, constitutional debates have created opportunities to design institutions and settle legal mechanisms to enforce rights and distribute state resources. The book identifies and analyses rhetorical and conceptual (...) innovations produced in such debates from a historical perspective. (shrink)

Los estudios de géneros discursivos han prestado poca atención a las tesis o seminarios producidos para la obtención del grado de licenciatura. En este artículo se describe, desde el enfoque del genre analysis (Swales, 1990), la organización retórica del marco referencial de un conjunto de 30 tesis de pregrado elaboradas por estudiantes de la carrera de Trabajo Social de la UCSC. Se identifican cuatro movidas retóricas: teórico, conceptual, empírico y normativo. Se observa que cada una tiene propósitos diferentes sobre cuestiones (...) teóricas, prácticas y legales relacionadas con el problema social que aborda cada tesis. Se advierte la presencia de algunos pasos retóricos recursivo y, al mismo tiempo, un fuerte compromiso de la investigación con la resolución de un problema social real. Studies of discourse genre have paid little attention to graduation theses produced by undergraduate students. This article describes, from a genre analysis approach (Swales, 1990), the rhetorical organization of the reference framework of a set of 30 undergraduate theses prepared by social work students at the UCSC. The study identifies four rhetorical moves: theoretical, conceptual, empirical, and normative. It is observed that each move has different purposes on theoretical, practical, and legal issues related to the social problem addressed by each thesis. The presence of recursive rhetorical steps is apparent, along with a strong commitment to solving real social problems through research. (shrink)

Stasis is a process of classical rhetoric that identifies the core issue in a trial or a similar debate. Hermagoras of Temnos included the first comprehensive analysis of stasis in his second-century BCE treatise on rhetoric, now lost. Modern scholars tend to echo George Kennedy, who maintains that Hermagoras’ inspiration for the hierarchical structure of stasis is indeterminate. This article, however, employs scholarship in legal semiotics, including the work of Miklós Könczöl and Bernard S. Jackson, to argue (...) that Hermagoras based stasiastic structure on Aristotle’s first-figure syllogism. Ideally, knowledge of that structure can enhance modern applications of stasis. (shrink)

This book initiates a discussion among scholars in rhetoric and hermeneutics in many areas of the humanities. Twenty leading thinkers explore the ways these two powerful disciplines inform each other and influence a wide variety of intellectual fields. Walter Jost and Michael J. Hyde organize pivotal topics in rhetoric and hermeneutics with originality and coherence, dividing their book into four sections: Locating the Disciplines; Inventions and Applications; Arguments and Narratives; and Civic Discourse and Critical Theory. For readers across (...) the humanities, the book demonstrates the usefulness of rhetorical and hermeneutic approaches in literary, philosophical, legal, religious, and political thinking. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 33.2 (2000) 182-186 [Access article in PDF] Book Review Rhetoric and Community: Studies in Unity and Fragmentation Rhetoric and Community: Studies in Unity and Fragmentation. Studies in Rhetoric/Communication. Ed. J. Michael Hogan. Series ed. Thomas W. Benson. Columbia, SC: U of South Carolina P, 1998. Pp. xxxviii + 315. $39.95. Based on papers and critical responses presented at the Fourth Biennial Public (...) Address Conference, which was held at Indiana University in 1994, this collection of fourteen essays by leading rhetoric scholars concentrates on the relationships among rhetoric, community, and fragmentation. Organized into three broad sections entitled "Race, Gender, and Community," "War and Community," and "Artistic and Scientific Community," the book contributes to ongoing conversations about the roles of language, symbolism, differences, metaphors, myths, hegemony, economic class, pluralism, and multiple consciousness in unifying the United States. A preface and a conclusion by J. Michael Hogan, who edited the collection, provides an orientation and summary for this new volume in the University of South Carolina Press series devoted to Studies in Rhetoric/Communication.The preface frames the book's contribution as a response to a belief that "a growing number of social and political commentators fear that the United States has lost all sense of 'community'--that repository of shared purpose, values, and traditions which historically has defined the American character" (xii). Hogan amplifies, "The signs of stress and fragmentation appear everywhere, not just in our national political and cultural dialogue but in all of the various communities that define our social lives--our families, our neighborhoods, our towns and cities, our professions, and our social and cultural associations" (xii). The preface situates the book in this concern about a "lost" unity that once upon a time typified the United States. But this "lost" community is a mythic representation of a past that has never existed in the United States, except possibly in the imaginations of people habituated to dominant roles. Stephen H. Browne's comments about restoration projects in general are germane: "The work of restoration has [End Page 182] never come easy for Americans, not least of all because it presumes a state that never existed and the appeal to which is almost always self-interested" (75).Describing the fourteen contributors as sharing "a common bond," Hogan asserts, "recognizing that communities are largely defined, and rendered healthy or dysfunctional, by the language they use to characterize both themselves and others, all share an abiding concern with how communities are constituted and sustained--or, in some cases, threatened and disrupted--by the words their leaders choose to characterize both themselves and others" (xv). Hogan emphasizes a question that he reiterates with slight changes in the conclusion: "Can feminist or ethnic and racial communities successfully sustain and celebrate their own identities without alienating themselves from the larger community?" (295; similarly, xxiii). But if all members of a community are responsible for unity and fragmentation, if we are unwilling to assign responsibility for fragmentation to subordinated community members, it may be necessary, consciously, to reverse the dynamics of power implicit in Hogan's question, by asking: "Can groups that have had a history of dominating others--both beyond and within the borders--sustain their own identities and still relate productively to the community?" In addition, because the English language is a communal inheritance, it may be revealing to ask, in a reversal of the book's focus on "community," how are notions of individualism sustained in the United States?Roderick P. Hart's introduction, "Community by Negation--An Agenda for Rhetorical Inquiry," focuses on a rhetoric of hate as practiced by both the political right and the political left. Hart inquires "whether it is possible to have community without hate" (xxv). This question is necessary in any serious discussion of rhetoric, fragmentation, and community; yet calculated opportunism and economic exploitation may be misnamed and obfuscated in language depicting a rhetoric of "hate." Indeed, Lu-in Wang, a legal scholar, suggests that these other motives may be more common than animus in so-called "hate crimes." Live interviews with convicted killers... (shrink)

The forensic speechs are excellent source for the knowledge of Athenian law. The laws were used in the speeches to make them more persuasive. The Demosthenes’s speech Against Meidias is an example of the persuasive use of the law. The orator uses the laws to guarantee a legal base for the process and to characterize he and his enemy as good and bad citizens, respectively. The text will analyse the different uses of law made by Demosthenes in the referred (...) speech. (shrink)

Human reasoning and legal analysis -- Paradigms and the process of legal analysis -- Logic, rhetoric, and legal analysis -- Advanced analytical tools in legal analysis -- Complex legal analysis and communication.