New Rhetorics for Contemporary Legal Discourse - Softcover

Softcover

ISBN 10: 1474450571 ISBN 13: 9781474450577

Publisher: Edinburgh University Press, 2022

Synopsis

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.

About this title

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).

From the Back Cover

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

Edition details

• Publisher: Edinburgh University Press
• Publication date: 2022
• Language: English
• ISBN 10: 1474450571
• ISBN 13: 9781474450577
• Binding: Paperback
• Edition number: 1
• Number of pages: 184
• Editor: Condello Angela