Influence Of Rhetoric On The Law Of Evidence And Pleading

"The chapters in this book were originally prepared ... during the 2004-2005 academic year."--Acknowledgments.

The studies of rhetoric and literature have been closely connected on the theoretical level ever since antiquity, and many great works of literature were written by men and women who were well versed in rhetoric. It is therefore well worth investigating exactly what these writers knew about rhetoric and how the practice of literary criticism has been enriched through rhetorical knowledge. The essays reprinted here have been arranged chronologically, with two essays selected for each of six major periods: Antiquity, the Middle Ages, the Renaissance (including Shakespeare), the 17th century, the 18th century, and the 19th and 20th centuries. Some are more theoretically oriented, whereas others become exercises in practical criticism. Some cover well-trod ground, whereas others turn to parts of the rhetorical tradition that are often overlooked. Scholars in the field should benefit from having this material collected together and reprinted in one volume, but the essays included here will also be useful to graduate students and advanced undergraduates for course work and general reading. Students of rhetoric seeking to understand how the principles of their field extend into other forms of communication will find this volume of interest, as will students of literature seeking to refine their understanding of the various modes of literary criticism.

This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).

The Invention of Suspicion argues that the English justice system underwent changes in the sixteenth century that, because of the system's participatory nature, had a widespread effect and a decisive impact on the development of English Renaissance drama. These changes gradually made evidence evaluation a popular skill: justices of peace and juries were increasingly required to weigh up the probabilities of competing narratives of facts. At precisely the same time, English dramatists were absorbing, from Latin legal rhetoric and from Latin comedy, poetic strategies that enabled them to make their plays more persuasively realistic, more 'probable'. The result of this enormously rich conjunction of popular legal culture and ancient forensic rhetoric was a drama in which dramatis personae habitually gather evidence and 'invent' arguments of suspicion and conjecture about one another, thus prompting us, as readers and audience, to reconstruct this 'evidence' as stories of characters' private histories and inner lives. In this drama, people act in uncertainty, inferring one another's motives and testing evidence for their conclusions. As well as offering an overarching account of how changes in juridical epistemology relate to post-Reformation drama, this book examines comic dramatic writing associated with the Inns of Court in the overlooked decades of the 1560s and 70s. It argues that these experiments constituted an influential sub-genre, assimilating the structures of Roman comedy to current civic and political concerns with the administration of justice. This sub-genre's impact may be seen in Shakespeare's early experiments in revenge tragedy, history play and romance comedy, in Titus Andronicus, Henry VI and The Comedy of Errors, as well as Jonson's Every Man in his Humour, Bartholomew Fair and The Alchemist. The book ranges from mid-fifteenth century drama, through sixteenth century interludes to the drama of the 1590s and 1600s. It draws on recent research by legal historians, and on a range of legal-historical sources in print and manuscript.

Modern logic has Wldergone some remarkable developments in the last hun dred years. These have contributed to the extraordinary use of formal logic which has become essentially the concern of mathematicians. This has led to attempts to identify logic with formal logic. The claim has even been made that all non-formal reasoning, to the extent that it cannot be formalized, no longer belongs to logic. This conception leads to a genuine impoverishment of logic as well as to a narrow conception of reason. It means that as soon as demonstrative proofs are no longer available reason will no longer dominate. Even the idea of the 'reasonable' becomes foreign to logic and such expres sions as 'reasonable decisions', 'reasonable choice' or 'reasonable hypotheses' would be put aside as meaningless. The domain of action, including method ology and everything that is given over to deliberation or controversy - i.e., foreign to formal logic - would become a battleground where necessarily the reason of the strongest would always prevail.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1991.

One of the most remarkable trends in the humanities and social sciences in recent decades has been the resurgence of interest in the history, theory, and practice of rhetoric: in an age of global media networks and viral communication, rhetoric is once again "contagious" and "communicable" (Friedrich Nietzsche). Featuring sixty commissioned chapters by eminent scholars of rhetoric from twelve countries, The Oxford Handbook of Rhetorical Studies offers students and teachers an engaging and sophisticated introduction to the multidisciplinary field of rhetorical studies. The Handbook traces the history of Western rhetoric from ancient Greece and Rome to the present and surveys the role of rhetoric in more than thirty academic disciplines and fields of social practice. This combination of historical and topical approaches allows readers to chart the metamorphoses of rhetoric over the centuries while mapping the connections between rhetoric and law, politics, science, education, literature, feminism, poetry, composition, philosophy, drama, criticism, digital media, art, semiotics, architecture, and other fields. Chapters provide the information expected of a handbook-discussion of key concepts, texts, authors, problems, and critical debates-while also posing challenging questions and advancing new arguments. In addition to offering an accessible and comprehensive introduction to rhetoric in the European and North American context, the Handbook includes a timeline of major works of rhetorical theory, translations of all Greek and Latin passages, extensive cross-referencing between chapters, and a glossary of more than three hundred rhetorical terms. These features will make this volume a valuable scholarly resource for students and teachers in rhetoric, English, classics, comparative literature, media studies, communication, and adjacent fields. As a whole, the Handbook demonstrates that rhetoric is not merely a form of stylish communication but a pragmatic, inventive, and critical art that operates in myriad social contexts and academic disciplines.

The Science of Conjecture provides a history of rational methods of dealing with uncertainty and explores the coming to consciousness of the human understanding of risk.