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Author: David De Concilio
Publisher: BRILL
ISBN: 9004713239
Category : History
Languages : en
Pages : 478
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Book Description
The Perpendiculum (or Summula de presumptionibus), produced in Northern France c.1170, is one of the earliest collections of brocards: a literary genre intended to provide legal arguments for disputation in the medieval schools of law. Its innovative use of dialectical techniques and its theorization of canon law presumptions have attracted the attention of legal historians, raising questions on its origin and milieu. This book offers the first comprehensive study of this work, with a Latin edition and an English translation of its text, shedding new light on the significance of this collection for twelfth-century legal teaching and learning.
Author: David De Concilio
Publisher: BRILL
ISBN: 9004713239
Category : History
Languages : en
Pages : 478
Get Book Here
Book Description
The Perpendiculum (or Summula de presumptionibus), produced in Northern France c.1170, is one of the earliest collections of brocards: a literary genre intended to provide legal arguments for disputation in the medieval schools of law. Its innovative use of dialectical techniques and its theorization of canon law presumptions have attracted the attention of legal historians, raising questions on its origin and milieu. This book offers the first comprehensive study of this work, with a Latin edition and an English translation of its text, shedding new light on the significance of this collection for twelfth-century legal teaching and learning.
Author: Hans Vilhelm Hansen
Publisher: University Alabama Press
ISBN: 0817320172
Category : Language Arts & Disciplines
Languages : en
Pages : 316
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Book Description
An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in inquiries beyond the law—including politics, science, religion, philosophy, and interpersonal communication—have been the object of study since the nineteenth century. However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today. The collection’s first half contains historical sources and begins with excerpts from Aristotle’s Topics and goes on to include the locus classicus chapter from Bishop Whately’s crucial Elements of Rhetoric as well as later reactions to Whately’s views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists.
Author: Carol Poster
Publisher: Northwestern University Press
ISBN: 9780810118126
Category : Grammar, Comparative and general
Languages : en
Pages : 170
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Book Description
Northwestern University Press is pleased to announce the release of a new volume in its journal addressing late medieval culture (ca. 1300-1550). Discourses of Power: Grammar and Rhetoric in the Middle Ages provides an exhaustive treatment of its subject by scholars representing various nations, approaches, and disciplines. Supported by a multinational editorial board, the editors have selected scholarly articles, inclusive review essays, and an extensive bibliography.
Author: Lorenzo Maniscalco
Publisher: BRILL
ISBN: 9004404813
Category : Law
Languages : en
Pages : 253
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Book Description
Equity in Early Modern Legal Scholarship offers a comprehensive account of the development of equity by legal writers in the early modern period, unearthing a time of lively debate about its nature and function.
Author: John O. Ward
Publisher: BRILL
ISBN: 9004368078
Category : Literary Criticism
Languages : en
Pages : 724
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Book Description
Classical Rhetoric in the Middle Ages: The Medieval Rhetors and Their Art 400-1300, with Manuscript Survey to 1500 CE is a completely updated version of John Ward’s much-used doctoral thesis of 1972, and is the definitive treatment of this fundamental aspect of medieval and rhetorical culture. It is commonly believed that medieval writers were interested only in Christian truth, not in Graeco-Roman methods of ‘persuasion’ to whatever viewpoint the speaker / writer wanted. Dr Ward, however, investigates the content of well over one thousand medieval manuscripts and shows that medieval writers were fully conscious of and much dependent upon Graeco-Roman rhetorical methods of persuasion. The volume then demonstrates why and to what purpose this use of classical rhetoric took place.
Author: Richard H. Gaskins
Publisher: Yale University Press
ISBN: 9780300063066
Category : Law
Languages : en
Pages : 390
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Book Description
Public and professional debates have come to rely heavily on a special type of reasoning: the argument-from-ignorance, in which conclusions depend on the lack of compelling information. "I win my argument," says the skillful advocate, "unless you can prove that I am wrong." This extraordinary gambit has been largely ignored in modern rhetorical and philosophical studies. Yet its broad force can be demonstrated by analogy with the modern legal system, where courts have long manipulated burdens of proof with skill and subtlety. This legal, philosophical, and rhetorical study by Richard H. Gaskins provides the first systematic treatment of arguments-from-ignorance across a wide range of modern discourse--from constitutional law, scientific inquiry, and moral philosophy to organizational behavior, computer operation, and personal interaction. Gaskins reviews the historic shifts in constitutional proof burdens that have shaped public debate on fundamental rights and, by analogy, on the fundamental status of intellectual and cultural authority. He shows how similar shifts have dominated polemical battles between scientific and ethical modes of authority, affecting both academic and popular discussion. Finally, he discovers the philosophical roots of default reasoning strategies in the arguments of Kant and nineteenth-century Kantian schools. Concluding that shifting proof burdens are inescapable in a world of scientific and moral uncertainty, Gaskins emphasizes the common strategic ground shared by dogmatic and skeptical reasoning. Using Hegelian strategies, he describes a more pluralistic temper that can move critical thinking beyond polemics and strengthen our capacities for common discourse.
Author: William Eves
Publisher: Cambridge University Press
ISBN: 1108960448
Category : History
Languages : en
Pages : 349
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Book Description
Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
Author: Dietrich Bartel
Publisher: U of Nebraska Press
ISBN: 9780803235939
Category : Music
Languages : en
Pages : 496
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Book Description
Musica Poetica provides an unprecedented examination of the development of Baroque musical thought. The initial chapters, which serve as an introduction to the concept and teachings of musical-rhetorical figures, explore Martin Luther’s theology of music, the development of the Baroque concept of musica poetica, the idea of the affections in German Baroque music, and that music’s use of the principles and devices of rhetoric. Dietrich Bartel then turns to more detailed considerations of the musical-rhetorical figures that were developed in Baroque treatises and publications. After brief biographical sketches of the major theorists, Bartel examines those theorists’ interpretation and classification of the figures. The book concludes with a detailed presentation of the musical-rhetorical figures, in which each theorist’s definitions are presented in the original language and in parallel English translations. Bartel’s clear, detailed analysis of German Baroque musical-rhetorical figures, combined with his careful translations of interpretations of those figures from a wide range of sources, make this book an indispensable introduction and resource for all students of Baroque music.
Author: Randall Lesaffer
Publisher: Cambridge University Press
ISBN: 0521877989
Category : History
Languages : en
Pages : 561
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Book Description
This historical introduction to the civil law tradition considers the political and cultural context of Europe's legal history from its Roman roots. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted.
Author: John W. Cairns
Publisher: Edinburgh University Press
ISBN: 0748642927
Category : Law
Languages : en
Pages : 320
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Book Description
This book discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills an important gap in the literature.With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law.
