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Author: Francis J. Mootz
Publisher: University of Alabama Press
ISBN: 0817315365
Category : Language Arts & Disciplines
Languages : en
Pages : 280
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Book Description
Publisher Description
Author: Francis J. Mootz
Publisher: University of Alabama Press
ISBN: 0817315365
Category : Language Arts & Disciplines
Languages : en
Pages : 280
Get Book Here
Book Description
Publisher Description
Author: Francis J. Mootz Iii
Publisher: Routledge
ISBN: 1317107500
Category : Law
Languages : en
Pages : 493
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Book Description
Mootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To "return" to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.
Author: Professor Francis J Mootz III
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409481921
Category : Law
Languages : en
Pages : 724
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Book Description
Mootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To "return" to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.
Author: Francis J. Mootz
Publisher: Cambridge University Press
ISBN: 0521883687
Category : Law
Languages : en
Pages : 332
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Book Description
Original essays by 38 leading legal theorists mark the 75th anniversary of Karl Llewellyn's essay 'On Philosophy in American Law.'
Author: Kirsten K. Davis
Publisher: University of Alabama Press
ISBN: 0817361391
Category : Language Arts & Disciplines
Languages : en
Pages : 299
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Book Description
"From the twin birth of western rhetoric and law in the Greek-speaking world in the first millennium BCE, law and rhetoric were deeply connected in the ancient world. In the modern era of legal practice, the clear connections between law and classical rhetoric have largely been lost to both those trained in the law and those who study rhetoric. This interdisciplinary reader reestablishes those lost connections by pairing primary source materials in classical rhetoric and contemporary law. The chapters in this volume show that ancient rhetorical texts can deepen or disrupt contemporary notions about principles that lie at the root of western legal traditions and return to us our past, making it possible for scholars across several disciplines to build on work accomplished centuries before. Broken into four parts, this volume first covers the historical development of rhetoric. In Part Two, volume editor Mootz and scholar David A. Frank look at rhetorical theorists at "bookends" of an era when classical rhetoric was de-valued as a mode of thought. Mootz discusses the hegemonic wave of Enlightenment epistemology that separated law from rhetoric, and Frank shows that where Cartesian rationality fails in the modern era, the humanistic tradition of rhetoric allows law to respond to the needs of justice. Part Three consists of ten chapters that each (1) introduce a classical rhetorical theorist to the reader, (2) provide an excerpt from a text by that theorist, and then (3) demonstrate the relevance of that work to a contemporary court case. Moving from the Sophists, through Aristotle and Plato and their Greek contemporaries, to the Roman rhetoricians Cicero and Quintilian, and finally, to the early medieval rhetorician, St. Augustine, these reprinted classical texts are contextualized by leading scholars in law, classics, and rhetoric, each with probing discussion questions for readers to engage and interact with the materials rhetorically. This vital resource of primary texts demonstrates how rhetoric illuminates the operation of the legal system and reconnects law to its rhetorical roots. Structured for use by scholars in critical inquiry and well suited for use in graduate or law school courses, Classical Rhetoric and Contemporary Law will be of interest to law, rhetoric, English, and communication scholars, and as an interactive catalyst to examine the ways in which ancient rhetorical theory informs our understanding of law practice today"--
Author: Doug Coulson
Publisher: Amherst College Press
ISBN: 1943208476
Category : Law
Languages : en
Pages : 285
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Book Description
All judges legitimize their decisions in writing, but US Supreme Court justices depend on public acceptance to a unique degree. Previous studies of judicial opinions have explored rhetorical strategies that produce legitimacy, but none have examined the laudatory, even operatic, forms of writing Supreme Court justices have used to justify fundamental rights decisions. Doug Coulson demonstrates that such “judicial rhapsodies” are not an aberration but a central feature of judicial discourse. First examining the classical origins of divisions between law and rhetoric, Coulson tracks what he calls an epideictic register—highly affective forms of expression that utilize hyperbole, amplification, and vocabularies of praise—through a surprising number of landmark Supreme Court opinions. Judicial Rhapsodies recovers and revalues these instances as significant to establishing and maintaining shared perspectives that form the basis for common experience and cooperation. “Judicial Rhapsodies is both compelling and important. Coulson brings his well-developed knowledge of rhetoric to bear on one of the most central (and most democratically fraught) means of governance in the United States: the Supreme Court opinion. He demonstrates that the epideictic, far from being a dispensable or detestable element of judicial rhetoric, is an essential feature of how the Court operates and seeks to persuade.” —Keith Bybee, Syracuse University
Author: Jenny Rice
Publisher: Parlor Press LLC
ISBN: 1602355029
Category : Language Arts & Disciplines
Languages : en
Pages : 425
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Book Description
Rhetorics Change/Rhetoric’s Change features selected essays, multimedia texts, and audio pieces from the 2016 Rhetoric Society of America biennial conference, which spotlighted the theme “Rhetoric and Change.” The pieces are broadly focused around eight different lines of thought: Aural Rhetorics; Rhetoric and Science; Embodiment; Digital Rhetorics; Languages and Publics; Apologia, Revolution, Reflection; and Intersectionality, Interdisciplinarity, and the Future of Feminist Rhetoric. Simultaneously familiar yet new, the value of this collection can be found in the range of its modes and voices.
Author: Jan M. Broekman
Publisher: Springer Science & Business Media
ISBN: 9400754582
Category : Law
Languages : en
Pages : 257
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Book Description
This book present a structure for understanding and exploring the semiotic character of law and law systems. Cultivating a deep understanding for the ways in which lawyers make meaning—the way in which they help make the world and are made, in turn by the world they create —can provide a basis for consciously engaging in the work of the law and in the production of meaning. The book first introduces the reader to the idea of semiotics in general and legal semiotics in particular, as well as to the major actors and shapers of the field, and to the heart of the matter: signs. The second part studies the development of the strains of thinking that together now define semiotics, with attention being paid to the pragmatics, psychology and language of legal semiotics. A third part examines the link between legal theory and semiotics, the practice of law, the critical legal studies movement in the USA, the semiotics of politics and structuralism. The last part of the book ties the different strands of legal semiotics together, and closely looks at semiotics in the lawyer’s toolkit—such as: text, name and meaning.
Author: Doug Coulson
Publisher: State University of New York Press
ISBN: 1438466625
Category : Social Science
Languages : en
Pages : 320
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Book Description
From 1870 to 1940, racial eligibility for naturalization in the United States was limited to "free white persons" and "aliens of African nativity and persons of African descent," and many interpreted these restrictions to reflect a policy of Asian exclusion based on the conclusion that Asians were neither white nor African. Because the distinction between white and Asian was considerably unstable, however, those charged with the interpretation and implementation of the naturalization act faced difficult racial classification questions. Through archival research and a close reading of the arguments contained in the documents of the US Bureau of Naturalization, especially those documents that discussed challenges to racial eligibility for naturalization, Doug Coulson demonstrates that the strategy of foregrounding shared external threats to the nation as a means of transcending perceived racial divisions was often more important to racial classification than legal doctrine. He argues that this was due to the rapid shifts in the nation's enmities and alliances during the early twentieth century and the close relationship between race, nation, and sovereignty.
Author: David A. Frank
Publisher: Penn State Press
ISBN: 0271096144
Category : Language Arts & Disciplines
Languages : en
Pages : 295
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Book Description
Known as the “swing justice,” Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy’s legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy’s opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice’s rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots—especially on race, women’s rights, and immigration—but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy’s jurisprudence, this book provides new insight into Kennedy’s legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O’Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.
