RECONSIDERING the EPIDEICTIC by JOSEPH
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Rhetoric and Law: How Do Lawyers Persuade Judges? How Do Lawyers Deal with Bias in Judges and Judging?
Georgia State University ScholarWorks @ Georgia State University English Honors Theses Department of English 5-9-2015 Rhetoric And Law: How Do Lawyers Persuade Judges? How Do Lawyers Deal With Bias In Judges And Judging? Danielle Barnwell Follow this and additional works at: https://scholarworks.gsu.edu/english_hontheses Recommended Citation Barnwell, Danielle, "Rhetoric And Law: How Do Lawyers Persuade Judges? How Do Lawyers Deal With Bias In Judges And Judging?." Thesis, Georgia State University, 2015. https://scholarworks.gsu.edu/english_hontheses/10 This Thesis is brought to you for free and open access by the Department of English at ScholarWorks @ Georgia State University. It has been accepted for inclusion in English Honors Theses by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. RHETORIC AND LAW: HOW DO LAWYERS PERSUADE JUDGES? HOW DO LAWYERS DEAL WITH BIAS IN JUDGES AND JUDGING? By: Danielle Barnwell Under the Direction of Dr. Beth Burmester An Honors Thesis Submitted in Partial Fulfillment of the Requirements for Graduation with Undergraduate Research Honors in the Department of English Georgia State University 2014 ______________________________________ Honors Thesis Advisor ______________________________________ Honors Program Associate Dean ______________________________________ Date RHETORIC AND LAW: HOW DO LAWYERS PERSUADE JUDGES? HOW DO LAWYERS DEAL WITH BIAS IN JUDGES AND JUDGING? BY: DANIELLE BARNWELL Under the Direction of Dr. Beth Burmester ABSTRACT Judges strive to achieve both balance and fairness in their rulings and courtrooms. When either of these is compromised, or when judicial discretion appears to be handed down or enforced in random or capricious ways, then bias is present. -
Judicial Rhetoric and Radical Politics: Sexuality, Race, and the Fourteenth Amendment
JUDICIAL RHETORIC AND RADICAL POLITICS: SEXUALITY, RACE, AND THE FOURTEENTH AMENDMENT BY PETER O. CAMPBELL DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Speech Communication with a minor in Gender and Women’s Studies in the Graduate College of the University of Illinois at Urbana-Champaign, 2013 Urbana, Illinois Doctoral Committee: Professor Kent A. Ono, Chair Associate Professor Cara A. Finnegan Associate Professor Pat Gill Associate Professor Thomas O’Gorman Associate Professor Siobhan B. Somerville ABSTRACT: “Judicial Rhetoric and Radical Politics: Sexuality, Race, and the Fourteenth Amendment” takes up U.S. judicial opinions as performances of sovereignty over the boundaries of legitimate subjectivity. The argumentative choices jurists make in producing judicial opinion delimit the grounds upon which persons and groups can claim existence as legal subjects in the United States. I combine doctrinal, rhetorical, and queer methods of legal analysis to examine how judicial arguments about due process and equal protection produce different possibilities for the articulation of queer of color identity in, through, and in response to judicial speech. The dissertation includes three case studies of opinions in state, federal and Supreme Court cases (including Lawrence v. Texas, Parents Involved in Community Schools vs. Seattle School District No. 1, & Perry v. Brown) that implicate U.S. Supreme Court Justice Anthony Kennedy’s development and application of a particular form of Fourteenth Amendment rhetoric that I argue has liberatory potential from the perspective of radical (anti-establishmentarian and statist) queer politics. I read this queer potential in Kennedy’s substantive due process and equal protection arguments about gay and lesbian civil rights as a component part of his broader rhetorical constitution of a newly legitimated and politically regressive post-racial queer subject position within the U.S. -
Athenian Homicide Rhetoric in Context
ATHENIAN HOMICIDE RHETORIC IN CONTEXT BY CHRISTINE C. PLASTOW Thesis submitted to University College London for the degree of Doctor of Philosophy DEPARTMENT OF GREEK AND LATIN UNIVERSITY COLLEGE LONDON 1 DECLARATION I, Christine C. Plastow, confirm that the work presented in this thesis is my own. Where information has been derived from other sources, I confirm that this has been indicated in the thesis. Signed: --------------------------------------------------------------------------- 2 ABSTRACT Homicide is a potent crime in any society, and classical Athens was no exception. The Athenians implemented legal methods for dealing with homicide that were set apart from the rest of their legal system, including separate courts, long-established laws, and rigorous procedures. We have, however, limited extant sources on these issues, including only five speeches from trials for homicide. This has fomented debate regarding aspects of law and procedure, and rhetoric as it relates specifically to homicide has not been examined in detail. Here, I intend to examine how the nature of homicide and its prosecution at Athens may have affected rhetoric when discussing homicide in forensic oratory. First, I will establish what I will call the ideology of homicide at Athens: the set of beliefs and perceptions that are most commonly attached to homicide and its prosecution. Then, I will examine homicide rhetoric from three angles: religious pollution, which was believed to adhere to those who committed homicide; relevance, as speakers in the homicide courts were subject to particular restrictions in this regard; and motive and intent, related issues that appear frequently in rhetoric and, in some cases, define the nature of a homicide charge. -
Advertising As Epideictic Rhetoric and Its Implications for Ethical Communication Cem Zeytinoglu
Duquesne University Duquesne Scholarship Collection Electronic Theses and Dissertations Fall 2007 Advertising as Epideictic Rhetoric and Its Implications for Ethical Communication Cem Zeytinoglu Follow this and additional works at: https://dsc.duq.edu/etd Recommended Citation Zeytinoglu, C. (2007). Advertising as Epideictic Rhetoric and Its Implications for Ethical Communication (Doctoral dissertation, Duquesne University). Retrieved from https://dsc.duq.edu/etd/1406 This Immediate Access is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Duquesne Scholarship Collection. For more information, please contact [email protected]. Advertising as Epideictic Rhetoric and Its Implications for Ethical Communication A Dissertation Presented to the Faculty of the Communication and Rhetorical Studies McAnulty College and Graduate School of Liberal Arts Duquesne University In partial fulfillment of the requirements for the degree of Doctor of Philosophy By Cem Zeytinoglu September 2007 Copyright by Cem Zeytinoglu 2007 iii Advertising as Epideictic Rhetoric and Its Implications for Ethical Communication By Cem Zeytinoglu September 2007 _____________________________________________________ APPROVED Richard Thames, Ph.D. Dissertation Director Associate Professor of Communication and Rhetorical Studies _____________________________________________________ APPROVED Calvin L. Troup, Ph.D. Reader Department of Communication -
Language and Law a Resource Book for Students
Language and Law A resource book for students Allan Durant and Janny H.C. Leung First published 2016 ISBN: 978-1-138-02558-5 (hbk) ISBN: 978-1-138-02557-8 (pbk) ISBN: 978-1-315-43625-8 (ebk) Chapter A5 Persuasion in Court (CC BY-NC-ND 4.0) DOI: 10.4324/9781315436258-6 PERSUASION IN COURT 21 A5 PERSUASION IN COURT A5 In this unit, we introduce the topic of how advocates talk. We show how courtroom persuasion by lawyers is ‘rhetorical’ in the historical meaning of ‘rhetoric’, which combines eloquence with strategic patterns of reasoning and expected standards of proof. We conclude with an outline of moves and structures that together make up the advocacy involved in legal proceedings. This description serves as an introduction to closer analysis of linguistic techniques in the language of advocates in Unit B5. Legal advocacy Silver-tongued, probing eloquence by lawyers addressing the court is the familiar representation of a distinctive style of lawyer talk. This image of advocacy, however, is highly selective. It is also in some respects anachronistic. In English law, to take one example, jury trial has declined in frequency since the mid-nineteenth century fairly dramatically, despite its continuing popular endorsement as a democratising feature of the legal system (Zander 2015). Currently, less than 1 per cent of all criminal cases are tried before a jury; and access to jury trial in civil proceedings is restricted to a very small (and diminishing) number of causes of action. The reality of courtroom advocacy, where it occurs, is more one of strategic preparation, case management and variation in style adapted to hearings at different levels in the court hierarchy, rather than grand courtroom oratory. -
The DNA of an Argument: a Case Study in Legal Logos Colin Starger
Journal of Criminal Law and Criminology Volume 99 Article 4 Issue 4 Summer Summer 2009 The DNA of an Argument: A Case Study in Legal Logos Colin Starger Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Colin Starger, The DNA of na Argument: A Case Study in Legal Logos, 99 J. Crim. L. & Criminology 1045 (2008-2009) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/09/9904-1045 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 99, No. 4 Copyright 0 2009 by Northwestern University, School of Law Printed in U.S.A. THE DNA OF AN ARGUMENT: A CASE STUDY IN LEGAL LOGOS COLIN STARGER* This Article develops a framework for analyzing legal argument through an in-depth case study of the debate over federal actions for postconviction DNA access. Building on the Aristotelian concept of logos, this Article maintains that the persuasive power of legal logic depends in part on the rhetorical characteristics of premises, inferences, and conclusions in legal proofs. After sketching a taxonomy that distinguishes between prototypical argument logoi (formal, empirical, narrative, and categorical), the Article applies its framework to parse the rhetorical dynamics at play in litigation over postconviction access to DNA evidence under 42 U.S.C. -
Epideictic Without the Praise: a Heuristic Analysis for Rhetoric of Blame
EPIDEICTIC WITHOUT THE PRAISE: A HEURISTIC ANALYSIS FOR RHETORIC OF BLAME Elizabeth L. Church A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY August 2010 Committee: Kristine L. Blair, Advisor Lisa M. Dimling Graduate Faculty Representative Richard C. Gebhardt Lance Massey ii ABSTRACT Kristine L. Blair, Advisor This dissertation is a historical and theoretical exploration of epideictic rhetoric of blame as it functions to build community and teach civic virtues. I have assembled a set of heuristics – concentrating on three strategies of creating ethos, establishing place, and utilizing ekphrasis – to examine the didactic nature of epideictic, especially in environments where social change is being demanded by the rhetor. The heuristic model encompasses 13 guiding questions, which then are applied to two case studies of rhetoric of blame: the writings of journalist Ida B. Wells to stop the lynchings of African-Americans during the 19th century, and a current website created by the Save Darfur Coalition to intervene in the genocide in Darfur, Africa. While a significant amount of research has examined epideictic rhetoric of praise, existing scholarship on rhetoric of blame is minimal. Thus, this project helps to fill the gap both by furnishing evidence of historical and current instances of epideictic rhetoric of blame as it functions to build community and teach civic virtues, and by demonstrating a methodology to assess such discourse. At a time in our nation and neighborhoods when words of condemnation are often flung about too quickly and carelessly, a reliable methodology is needed for creating and analyzing rhetoric of blame – and how it accomplishes a rhetorical purpose beyond that of a one-sided volley of insults. -
Not Mere Rhetoric: on Wasting Or Claiming Your Legacy, Justice Scalia Marie Failinger Mitchell Hamline School of Law, [email protected]
Mitchell Hamline School of Law Mitchell Hamline Open Access Faculty Scholarship 2003 Not Mere Rhetoric: On Wasting or Claiming your Legacy, Justice Scalia Marie Failinger Mitchell Hamline School of Law, [email protected] Publication Information 34 University of Toledo Law Review 425 (2003) Repository Citation Failinger, Marie, "Not Mere Rhetoric: On Wasting or Claiming your Legacy, Justice Scalia" (2003). Faculty Scholarship. Paper 358. http://open.mitchellhamline.edu/facsch/358 This Article is brought to you for free and open access by Mitchell Hamline Open Access. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. Not Mere Rhetoric: On Wasting or Claiming your Legacy, Justice Scalia Abstract The thesis of the article is that the Court’s enterprise is centered on preserving community through an ethics of warranted trust, and that Scalia’s rhetoric often rejects such an ethic. A modern democratic citizen, along with his whole community, instead finds himself in the situation of necessary trust in democratic institutions like the Supreme Court. The willingness of a political community ultimately to place its trust in authority is partially dependent on that authority’s commitment to, and skill at, creating a convincing argument. The practice of rhetoric recognizes the dynamics of a relation of trust: the rhetor must put his or her own character up for judgment, he or she must create a situation of warranted trust by doing the homework on the matter at hand which Aristotle labeled invention, and he or she must demonstrate respect for the personhood—sacredness, if you will—of those who constitute his audiences by paying attention to who they are and what matters to them. -
The Tyranny of Custom: Discovering Innovations in Forensic Rhetoric from Classical Athens to Anglo-Saxon England
Georgia State University ScholarWorks @ Georgia State University English Dissertations Department of English Fall 12-14-2017 The Tyranny of Custom: Discovering Innovations in Forensic Rhetoric from Classical Athens to Anglo-Saxon England Steven Sams Follow this and additional works at: https://scholarworks.gsu.edu/english_diss Recommended Citation Sams, Steven, "The Tyranny of Custom: Discovering Innovations in Forensic Rhetoric from Classical Athens to Anglo-Saxon England." Dissertation, Georgia State University, 2017. https://scholarworks.gsu.edu/english_diss/187 This Dissertation is brought to you for free and open access by the Department of English at ScholarWorks @ Georgia State University. It has been accepted for inclusion in English Dissertations by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. THE TYRANNY OF CUSTOM: DISCOVERING INNOVATIONS IN FORENSIC RHETORIC FROM CLASSICAL ATHENS TO ANGLO-SAXON ENGLAND by STEVEN M. SAMS Under the Direction of Elizabeth Burmester, PhD ABSTRACT Scholarship tells the story of the history of rhetoric whereby the study of rhetoric declines first in the “Silver Age of Rome,” then loses any bearings or progress during first the Patristic period of the formation of the early Christian Church in the third through fifth century CE, and undergoes a second decline during the Germanic invasions starting in the fifth century. My task is defining and recovering new sources for rhetoric to spark more creative and in-depth analysis of this period in the history of rhetoric. Rather than simply move through a bibliographical list chronologically, I narrow in on the evolution of rhetorical appeals at specific points in history when a shift in control and usage of such appeals can be perceived, as the focus moves from static or well-established sources to fluid peripheral centers. -
Forensic Rhetoric and Philosophical Discourse in Cicero's
Thought on Trial: Forensic rhetoric and philosophical discourse in Cicero’s De Finibus Katherine Brookshire Owensby Trinity College of Arts and Sciences Duke University April 13th, 2020 An honors thesis submitted to the Duke Classical Studies Department in partial fulfillment of the requirements for graduation with distinction for a Bachelor of Arts in Classical Languages. Table of Contents Acknowledgements……………………………………………………………………..…………1 Abstract………………………………………………………………………………………...….2 Introduction……………………………………………………………………………………..3-6 The forensic, the philosophical, the truth…………………………..……………………..…...7-18 Epicureanism on trial: Juxtaposition and the ethos of the speaker in Book II ….…...………19-35 Stoicism on trial: Arguing against one’s own beliefs……………………………………...…36-53 Conclusion.……………………………………………………………………….…………..54-56 Bibliography………………………………………………………….……………………....57-58 Acknowledgements Simply put, I would not be where I am today in Classics if it were not for Dr. Gregson Davis. Over the past four years he has become a wonderful professor, mentor, and advisor to this project. Ever since my freshman year, he has taught me to read Latin not necessarily quickly but rather, deeply. I plan to carry his close reading approach forward into my graduate studies and beyond. Professor Davis, I am so deeply grateful for all of your lessons, in and outside the classroom. It has been a pleasure to be your student, and I hope you have a wonderful retirement. Thank you also to Dr. Sander Evers, my former archaeological dig director. Though I quickly learned that I prefer reading in a library to digging under the hot Italian sun, I could not be more thankful for our conversations about Roman history and being a Classicist. Indeed, almost two years ago now you helped me first formulate the idea that would eventually become this project. -
Redalyc.Lost Rhetoric Found. Non-Extant Rhetorical Handbooks
Ágora. Estudos Clássicos em debate ISSN: 0874-5498 [email protected] Universidade de Aveiro Portugal HAASE, FEE-ALEXANDRA Lost Rhetoric Found. Non-Extant Rhetorical Handbooks of Rhetoricians and Sophists from the Pre- Platonic Time until Late Hellenism as Literary Sources in Suda Ágora. Estudos Clássicos em debate, núm. 13, 2011, pp. 9-44 Universidade de Aveiro Aveiro, Portugal Available in: http://www.redalyc.org/articulo.oa?id=321027691001 How to cite Complete issue Scientific Information System More information about this article Network of Scientific Journals from Latin America, the Caribbean, Spain and Portugal Journal's homepage in redalyc.org Non-profit academic project, developed under the open access initiative = Lost=Rhetoric=Found.=Non8Extant=Rhetorical= Handbooks=of=Rhetoricians=and=Sophists=from=the= Pre8Platonic=Time=until=Late=Hellenism=as=Literary= Sources=in=Suda= FEE8ALEXANDRA=HAASE1= University=of=Nizwa= Abstract:=This=article=touches=an=area=of=the=history=and=technical=disposition= of=rhetoric,=which=has=not=been=considered=a=subject=or=research=on=rhetoric=so= far.=Under=the=marginalized=and=rather=frustrating=condition=of=lost=works=of= rhetoric=we=can=see=that=the=research=concerning=the=history=of=rhetoric=stops= at= the= point= where= the= ground= of= evidential= rhetorical= handbooks= is= not= available.=We=will=present=rhetorical=textbooks=mostly=unknown,=since=a=docu8 mentation=exists=for=them=only=in=titles=of=the=writings,=while=the=books=got= lost.=This=work=is=a=contribution=to=the=historical=development=of=rhetoric.=We= -
Article Classical Rhetoric, Practical Reasoning, And
ARTICLE CLASSICAL RHETORIC, PRACTICAL REASONING, AND THE LAW OF EVIDENCE EILEEN A. SCALLEN TABLE OF CONTENTS Introduction .................................... 1718 I. Back to the Beginning- Historical and Philosophical Origins of Interpretation Debates ................ 1720 A. Classical Rhetorical Theory and the Interpretation of Legal Texts ............................ 1720 B. Pragmatism in the Creation of the Federal Rules of Evidence .............................. 1732 II. The Contemporary "Schools" of Statutory Interpretation ............................... 1738 A. Intentionalism ........................... 1741 B. Purposivism ............................. 1743 C. Textualism and the Plain Meaning Rule ......... 1745 D. Practical Reasoning ........................ 1747 III. Applying Practical Reasoning .................... 1759 A. Beech Aircraft Corp. v. Raineyr A Flawed Paradigm .. 1760 B. United States v. Salern. Plainly and Poorly Argued . 1767 * Associate Professor of Law, University of California, Hastings College of the Law. I would like to thank David Faigman, Ed Imwinkelried, Mary Kay Kane, David Leonard, Roger Park, Tom Morawetz, Deborah Tam Steiner, and Eleanor S-ift, who were kind enough to read and comment on earlier versions of thisArticle, and Valerie Barreiro, my research assistant. My research also has been supported by an award from the Roger Traynor Scholarly Publication Fund. Special thanks go to the editors and staff of The Amniran Uni, rsity Lbw Rei. This Article is dedicated to the memory of my grandfather, Raymond A. Scallen, a trial laryer who proved that ethical legal argumentation is not an oxymoron. 1717 1718 THE AMERICAN UNmERSrIY LAW REviEw [Vol. 44:1717 C. Daubert v. Merrell Dow Pharmaceuticals- A Mixed Bag .............................. 1778 D. Williamson v. United States: A Step Backward ...... 1795 E. Tome v. United States- One Step Forward, One Step Back ............................... 1808 Conclusion .....................................