Administrative / Constitutional Law Law

Rhetorical Traditions and Contemporary Law

Edited by Brian N. Larson · Elizabeth C. Britt
Cambridge University Press May 2025

Specifications

ISBN-13
9781009524094
Publisher
Cambridge University Press
Publication
May 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

Rhetorical Traditions and Contemporary Law is a collection of twelve case studies that explore the often-overlooked intersections of law and rhetoric. Drawing from rhetorical traditions of the past and present, the multidisciplinary roster of contributors analyzes contemporary legal theory and practice, from judicial opinions to legal scholarship, using significant texts or concepts in a rhetorical tradition. Their essays demonstrate how legal texts function and to what end, while also considering how they might have worked differently.

The volume sheds light on the usefulness of rhetoric in addressing some of today's most pressing legal and social challenges.

Table of Contents

Part I. Introduction:
1. Rhetoric and law Elizabeth C. ('Beth') Britt and Brian N. Larson

Part II. Key Rhetorical Concepts Animating Contemporary American Law:
2. The ethos of originalism Mark A. Hannah and Francis J. Mootz III; 3. The role of tradition in classical and contemporary argument Vasileios Adamidis and Laura Webb; 4. Practical reason in peril Brian N. Larson

Part III. Facade of Neutrality:
5. Deciphering Dobbs Susan Tanner; 6. Eradicating ethos Jennifer Andrus

Part IV. Permeable Boundaries:
7. Searching for legal topoi in the shadow docket M. Kelly Carr; 8. Sensus communis, voter-inflicted harms, and Schuette v. BAMN Laura J. Collins; 9. (Vernacular) rhetorics for women's rights Rasha Diab; 10. to stop-and-frisk, a pattern for persuasion Lindsay Head

Part V. Law's Power to Exclude Voices:
11. Framing the war on drugs Erin Leigh Frymire; 12. Ensnared by Custom Judy M. Cornett; 13. Dissoi logoi, rhetorical listening, and legal education Elizabeth C. Britt
Part VI. Looking Outward and Forward: 14. An unconventional call for proposals Brian N. Larson and Elizabeth (Beth) C. Britt

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