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Author: Peter Schneck
Publisher: Walter de Gruyter
ISBN: 3110253771
Category : Literary Criticism
Languages : en
Pages : 301
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Book Description
The book traces the changing relation and intense debates between law and literature in U.S. American culture, using examples from the 18th to the 20th century (including novels by Charles Brockden Brown, James Fenimore Cooper, Harper Lee, and William Gaddis). Since the early American republic, the critical representation of legal matters in literary fictions and cultural narratives about the law served an important function for the cultural imagination and legitimation of law and justice in the United States. One of the most essential questions that literary representations of the law are concerned with, the study argues, is the unstable relation between language and truth, or, more specifically, between rhetoric and evidence. In examining the truth claims of legal language and rhetoric and the evidentiary procedures and protocols which are meant to stabilize these claims, literary fictions about the law aim to provide an alternative public discourse that translates the law's abstractions into exemplary stories of individual experience. Yet while literature may thus strive to institute itself as an ethical counter narrative to the law, in order to become, in Shelley’s famous phrase “the legislator of the world”, it has to face the instability of its own relation to truth. The critical investigation of legal rhetoric in literary fiction thus also and inevitably entails a negotiation of the intrinsic value of literary evidence.
Author: Peter Schneck
Publisher: Walter de Gruyter
ISBN: 3110253771
Category : Literary Criticism
Languages : en
Pages : 301
Get Book Here
Book Description
The book traces the changing relation and intense debates between law and literature in U.S. American culture, using examples from the 18th to the 20th century (including novels by Charles Brockden Brown, James Fenimore Cooper, Harper Lee, and William Gaddis). Since the early American republic, the critical representation of legal matters in literary fictions and cultural narratives about the law served an important function for the cultural imagination and legitimation of law and justice in the United States. One of the most essential questions that literary representations of the law are concerned with, the study argues, is the unstable relation between language and truth, or, more specifically, between rhetoric and evidence. In examining the truth claims of legal language and rhetoric and the evidentiary procedures and protocols which are meant to stabilize these claims, literary fictions about the law aim to provide an alternative public discourse that translates the law's abstractions into exemplary stories of individual experience. Yet while literature may thus strive to institute itself as an ethical counter narrative to the law, in order to become, in Shelley’s famous phrase “the legislator of the world”, it has to face the instability of its own relation to truth. The critical investigation of legal rhetoric in literary fiction thus also and inevitably entails a negotiation of the intrinsic value of literary evidence.
Author: Jenny Rice
Publisher:
ISBN: 9780814214350
Category : Language Arts & Disciplines
Languages : en
Pages : 226
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Book Description
An exploration of exaggerated cases of conspiracy theories which helps to reveal why traditional modes of argument fail against unwarranted, unsound, or untrue evidence.
Author: Peter A. O'Connell
Publisher: University of Texas Press
ISBN: 147731170X
Category : History
Languages : en
Pages : 303
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Book Description
In ancient Athenian courts of law, litigants presented their cases before juries of several hundred citizens. Their speeches effectively constituted performances that used the speakers’ appearances, gestures, tones of voice, and emotional appeals as much as their words to persuade the jury. Today, all that remains of Attic forensic speeches from the fifth and fourth centuries BCE are written texts, but, as Peter A. O’Connell convincingly demonstrates in this innovative book, a careful study of the speeches’ rhetoric of seeing can bring their performative aspect to life. Offering new interpretations of a wide range of Athenian forensic speeches, including detailed discussions of Demosthenes’ On the False Embassy, Aeschines’ Against Ktesiphon, and Lysias’ Against Andocides, O’Connell shows how litigants turned the jurors’ scrutiny to their advantage by manipulating their sense of sight. He analyzes how the litigants’ words work together with their movements and physical appearance, how they exploit the Athenian preference for visual evidence through the language of seeing and showing, and how they plant images in their jurors’ minds. These findings, which draw on ancient rhetorical theories about performance, seeing, and knowledge as well as modern legal discourse analysis, deepen our understanding of Athenian notions of visuality. They also uncover parallels among forensic, medical, sophistic, and historiographic discourses that reflect a shared concern with how listeners come to know what they have not seen.
Author: Colleen Derkatch
Publisher: University of Chicago Press
ISBN: 022634584X
Category : Language Arts & Disciplines
Languages : en
Pages : 253
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Book Description
During the 1990s, unprecedented numbers of Americans turned to complementary and alternative medicine (CAM), an umbrella term encompassing health practices such as chiropractic, energy healing, herbal medicine, homeopathy, meditation, naturopathy, and traditional Chinese medicine. By 1997, nearly half the US population was seeking CAM in one form or another, spending at least $27 billion out-of-pocket annually on related products and services. As CAM rose in popularity over the decade, so did mainstream medicine's interest in understanding whether those practices actually worked, and how. Medical researchers devoted considerable effort to testing CAM interventions in clinical trials, and medical educators scrambled to assist physicians in advising patients about CAM. In Bounding Biomedicine, Colleen Derkatch examines how the rhetorical discourse around the published research on this issue allowed the medical profession to maintain its position of privilege and prestige throughout this process, even as its place at the top of the healthcare hierarchy appeared to be weakening. Her research focuses on the ground-breaking and somewhat controversial CAM-themed issues of The Journal of the American Medical Association and its nine specialized Archives journals from 1998, demonstrating how these texts performed rhetorical boundary work for the medical profession. As Derkatch reveals, the question of how to test healthcare practices that don't fit easily (or at all) within mainstream Western medical frameworks sweeps us into the realm of medical knowledge-making--the research teams, clinical trials, and medical journals that determine which treatments are safe and effective--and also out into the world where doctors meet patients, illnesses find treatment, and values, practices, policies, and priorities intersect. Through Bounding Biomedicine, Derkatch shows exactly how narratives of medicine's entanglements with competing models of healthcare shape not only the historical episodes they narrate but also the very fabric of medical knowledge itself and how the medical profession is made and remade through its own discursive activity.
Author: Vasileios Adamidis
Publisher: Taylor & Francis
ISBN: 1317168437
Category : History
Languages : en
Pages : 244
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Book Description
There has been much debate in scholarship over the factors determining the outcome of legal hearings in classical Athens. Specifically, there is divergence regarding the extent to which judicial panels were influenced by non-legal considerations in addition to, or even instead of, questions of law. Ancient rhetorical theory and practice devoted much attention to character and it is this aspect of Athenian law which forms the focus of this book. Close analysis of the dispute-resolution passages in ancient Greek literature reveals striking similarities with the rhetoric of litigants in the Athenian courts and thus helps to shed light on the function of the courts and the fundamental nature of Athenian law. The widespread use of character evidence in every aspect of argumentation can be traced to the Greek ideas of ‘character’ and ‘personality’, the inductive method of reasoning, and the social, political and institutional structures of the ancient Greek polis. According to the author’s proposed method of interpretation, character evidence was not a means of diverting the jury’s attention away from the legal issues; instead, it was a constructive and relevant way of developing a legal argument.
Author: David H. Goldenberg
Publisher: Rowman & Littlefield
ISBN: 076187206X
Category : Philosophy
Languages : en
Pages : 263
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Book Description
Save Lives or Save the Rhetoric? is for those who think for themselves and follow the logic and the evidence wherever it leads. It offers an alternative to believing what others tell us through the media, the pundits, the politicians and all those partisans who benefit from their particular narratives. Whether we know it or not, we are inundated with rhetoric that is based on the numerous forms of flawed reasoning and fallacies which are discussed in this book. The first step is to develop the skills needed to distinguish between rhetorical claims and evidence-based claims. This book provides a method to accomplish that. David H. Goldenberg presents and shows how to debug many currently relevant real world examples. Innovative discussion questions provide the reader an opportunity to practice and be actively involved. This book is not about taking positions but about learning how to analyze and assess them using logic, evidence, data analysis, and economics—not confirmation bias. Hopefully the reader will resist the rhetoric, with its reductionism and polarization, by depoliticizing their approach to this book’s intent and content. The goal of the examples, theory, case studies, economics, statistics, historical documents, and data analysis offered in Save Lives or Save the Rhetoric? is to provide citizens with an informed approach to examining and evaluating the issues, the rhetoric, and the evidence in order to ultimately make their own informed decisions. The second part of the book delves into concepts and methods that any intelligent citizen may apply in order to make informed decisions about policy proposals. The objective throughout is pedagogy, not partisanship: to help the reader better understand current events, better identify the rhetoric in partisan debates, and better evaluate public policy.
Author: Giandomenico Majone
Publisher: Yale University Press
ISBN: 9780300052596
Category : Political Science
Languages : en
Pages : 212
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Book Description
In modern industrial democracies, the making of public policy is dependent on policy analysis--the generation, discussion, and evaluation of policy alternatives. Policy analysis is often characterized, especially by economists, as a technical, nonpartisan, objective enterprise, separate from the constraints of the political environment. however, says the eminent political scientist Giandomenico Majone, this characterization of policy analysis is seriously flawed. According to Majone, policy analysts do not engage in a purely technical analysis of alternatives open to policymakers, but instead produce policy arguments that are based on value judgments and are used in the course of public debate. In this book Majone offers his own definition of policy analysis and examines all aspects of it--from problem formulation and the choice of policy instruments to program development and policy evaluation. He argues that rhetorical skills are crucial for policy analysts when they set the norms that determine when certain conditions are to be regarded as policy problems, when they advise on technical issues, and when they evaluate policy. Policy analysts can improve the quality of public deliberation by refining the standards of appraisal of public programs and facilitating a wide-ranging dialogue among advocates of different criteria. In fact, says Majone, the essential need today is not to develop 'objective' measures of outcomes--the traditional aim of evaluation research--but to improve the methods and conditions of public discourse at all levels and stages of policy-making.
Author: Irene Peirano Garrison
Publisher: Cambridge University Press
ISBN: 1107104246
Category : History
Languages : en
Pages : 299
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Book Description
Offers a radical re-appraisal of rhetoric's relation to literature, with fresh insights into rhetorical sources and their reception in Roman poetry.
Author: Tchr Edition
Publisher:
ISBN: 9781600512179
Category : Fables
Languages : en
Pages : 0
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Book Description
Writing & Rhetoric Book 1: Fable Teacher's Edition includes the comlete studetn text, as well as answer keys, teacher's notes, and explanations. For every writing assignment, this edition also supplies descriptions and examples of waht excellentstudent writing should look like, providing the teacher with meaningful and concrete guidance."
Author: M. Jimmie Killingsworth
Publisher: SIU Press
ISBN: 9780809388264
Category : Language Arts & Disciplines
Languages : en
Pages : 194
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Book Description
Appeals in Modern Rhetoric: An Ordinary-Language Approach introduces students to current issues in rhetorical theory through an extended treatment of the rhetorical appeal, a frequently used but rarely discussed concept at the core of rhetorical analysis and criticism. Shunning the standard Aristotelian approach that treats ethos, pathos, and logos as modes of appeal, M. Jimmie Killingsworth uses common, accessible language to explain the concept of the rhetorical appeal—meaning the use of language to plead and to please. The result is a practical and innovative guide to understanding how persuasion works that is suitable for graduate and undergraduate courses yet still addresses topics of current interest to specialists. Supplementing the volume are practical and theoretical approaches to the construction and analysis of rhetorical messages and brief and readable examples from popular culture, academic discourse, politics, and the verbal arts. Killingsworth draws on close readings of primary texts in the field, referencing theorists to clarify concepts, while he decodes many of the basic theoretical constructs common to an understanding of identification. Beginning with examples of the model of appeals in social criticism, popular film, and advertising, he covers in subsequent chapters appeals to time, place, the body, gender, and race. Additional chapters cover the use of common tropes and rhetorical narrative, and each chapter begins with definitions of key concepts.
