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Presents a new way of thinking about the relationship between law and language Legal rhetoric is not confined to persuasion but to an understanding of law's organisation of its own system and its relationship with other jurisdictions. Bringing together an international range of common law and civil law scholars, this book draws on contemporary legal discourse to examine the shared practice of exemplarity and extraordinary judgments in both national and international fields of law. It takes a comparative approach, examining practice across a range of legal jurisdictions including the US, Russia, Portugal, Italy and the Czech Republic. In doing so, it opens up a new dialogue on the question of the hermeneutic practices of legal reasoning. In response to 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, New Rhetorics for Contemporary Legal Discourse develops new rhetorical approaches to law at a time when new legal forms are urgently required. Key Features - Brings together a range of common law and civil law scholars from countries including the US, Russia, Portugal, Italy, Czech Republic, Canada and Brazil - 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 that is valuable also for civil law systems - Illustrates how single cases interpolate general norms 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.
List of contents
Introduction: New Rhetoric's Tattered Examples, Peter Goodrich; 1. Exemplarity and the Resonance of Reasoning, Mark Antaki; 2. In and 'Out of Joint', In and Out of the Norm: On Rhetoric and Law, Angela Condello; 3. 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; 4. Multiculturalism and Criminal Law: Between the Universal and the Particular , Leandro Santos Da Guarda; 5. Cognitive Populism: A Semiotic Reading of the Dialectics Type/ Token , Massimo Leone; 6. Exemplarity as Concreteness, or the Challenge of Institutionalising a Productive Circle between Past and Present, Old and New , José Manuel Aroso Linhares; 7. What is Happening to the Norm? Gender as Paradigm of a Deformalised Neo-legal Positivism, Silvia Niccolai; 8. Hypothetically Speaking: How to Argue about Meaning , Karen Petroski; 9. Showing by Fiction: Audience of Extra-legal References in Judicial Decisions , Terezie Smejkalová; 10. Law as a System of Topoi: Sources of Arguments v. Sources of Law , Anita Soboleva; Index.
About the author
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).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 (among which Law and Literature, Law Text Culture, Rivista di Estetica) 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).
Summary
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? This collection of 11 essays takes a diachronic approach to address these questions from the perspective of contemporary legal discourse.
