New Rhetorics for Contemporary Legal Discourse
Published on 31. March 2020
Book
Hardback
184 pages
978-1-4744-5056-0 (ISBN)
Description
Are the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? Bringing together an international range of legal scholars, this collection takes a diachronic approach and addresses these questions from the perspective of contemporary legal discourse. It explores the changes in legal form and transmission that have been generated both by globalisation and by common law's irreversible encounter with the civilian methods of European law. It explores how, in the contemporary legal discourse, exemplarity - and all rhetoric processes based on the general-particular dichotomy more generally - regained relevance. In doing so, it highlights the centrality of the example and proposes the development of new rhetorical approaches better suited to today's legal practices which operate in a globalised field.
More details
Language
English
Place of publication
Edinburgh
United Kingdom
Target group
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 13 mm
Weight
435 gr
ISBN-13
978-1-4744-5056-0 (9781474450560)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
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Additional editions
Angela Condello
New Rhetorics for Contemporary Legal Discourse
E-Book
03/2020
Edinburgh University Press
€0.00
Available for download
Person
Angela Condello is Assistant Professor of Legal Philosophy in the Law Department, University of Messina; she is also Adjunct Professor at the Department of Philosophy, University of Torino, where she holds a Jean Monnet Module on human rights and critical legal thinking within the European legal culture. She has written two monographs and edited journal issues (Law and Literature, Law Text Culture), and various volumes, among which Sensing the Nation's Law: Historical Inquiries into the Aesthetics of Democratic Legitimacy (Springer, 2018), Post-Truth, Philosophy and Law (Routledge, 2019), Law, Labour and the Humanities. Contemporary European Perspectives (Routledge, 2019).
Content
Introduction: New Rhetoric's Tattered ExamplesPeter Goodrich
Exemplarity and the Resonance of ReasoningMark Antaki
In and 'Out of Joint', In and Out of the Norm: On Rhetoric and LawAngela Condello
From the Norms-Facts Dichotomy to the System-Problem Connection in the Judicial Realisation of Law: Logical Deduction v. Analogical Judgment in AdjudicationAna Margarida Simoes Gaudencio
Multiculturalism and Criminal Law: Between the Universal and the Particular Leandro Santos Da Guarda
Cognitive Populism: A Semiotic Reading of the Dialectics Type/ Token Massimo Leone
Exemplarity as Concreteness, or the Challenge of Institutionalising a Productive Circle between Past and Present, Old and New Jose Manuel Aroso Linhares
What is Happening to the Norm? Gender as Paradigm of a Deformalised Neo-legal PositivismSilvia Niccolai
Hypothetically Speaking: How to Argue about Meaning Karen Petroski
Showing by Fiction: Audience of Extra-legal References in Judicial Decisions Terezie Smejkalova
Law as a System of Topoi: Sources of Arguments v. Sources of Law Anita Soboleva
Index
Exemplarity and the Resonance of ReasoningMark Antaki
In and 'Out of Joint', In and Out of the Norm: On Rhetoric and LawAngela Condello
From the Norms-Facts Dichotomy to the System-Problem Connection in the Judicial Realisation of Law: Logical Deduction v. Analogical Judgment in AdjudicationAna Margarida Simoes Gaudencio
Multiculturalism and Criminal Law: Between the Universal and the Particular Leandro Santos Da Guarda
Cognitive Populism: A Semiotic Reading of the Dialectics Type/ Token Massimo Leone
Exemplarity as Concreteness, or the Challenge of Institutionalising a Productive Circle between Past and Present, Old and New Jose Manuel Aroso Linhares
What is Happening to the Norm? Gender as Paradigm of a Deformalised Neo-legal PositivismSilvia Niccolai
Hypothetically Speaking: How to Argue about Meaning Karen Petroski
Showing by Fiction: Audience of Extra-legal References in Judicial Decisions Terezie Smejkalova
Law as a System of Topoi: Sources of Arguments v. Sources of Law Anita Soboleva
Index