New Rhetorics for Contemporary Legal Discourse

Author: Angela Condello
Publisher: Edinburgh University Press
ISBN: 9781474450577

Published In: March 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781474450560

HKD 268.98

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Presents a new way of thinking about the relationship between law and language.

Invites the reader to rethink the value of legal rhetorics, understood as a broad field including argumentation, epistemology, and legal practice and experience.

Introduces casuistry as a new perspective valuable also for civil law systems.

Illustrates how single cases interpellate general norms and thus invites a reflection on legal normativity.

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.

The book 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.

Introduction: New Rhetoric’s Tattered Examples

Peter Goodrich

Exemplarity and the Resonance of Reasoning

Mark Antaki

In and ‘Out of Joint’, In and Out of the Norm: On Rhetoric and Law

Angela Condello

From the Norms–Facts Dichotomy to the System–Problem Connection in the Judicial Realisation of Law: Logical Deduction v. Analogical Judgment in Adjudication

Ana Margarida Simões Gaudêncio

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

José Manuel Aroso Linhares

What is Happening to the Norm? Gender as Paradigm of a Deformalised Neo-legal Positivism

Silvia Niccolai

Hypothetically Speaking: How to Argue about Meaning

Karen Petroski

Showing by Fiction: Audience of Extra-legal References in Judicial Decisions