St. John's Law Review Volume 66 Number 1 Volume 66, Winter 1992, Number 1 Article 3 Greco-Roman Legal Analysis: The Topics of Invention Michael Frost Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact
[email protected]. GRECO-ROMAN LEGAL ANALYSIS: THE TOPICS OF INVENTION MICHAEL FROST* I. INTRODUCTION Despite a wealth of commentary on legal reas6ning and legal logic, modern writers on the subject demonstrate a curious and re- grettable disregard for the close connections between classical Greco-Roman theories of forensic discourse and modern theories of legal reasoning and analysis. Two recent treatises on logic and legal reasoning, Judge Ruggero Aldisert's Logic for Lawyers' and Pro- fessor Steven Burton's An Introduction to Law and Legal Reason- ing,2 are exceptions to this rule. Their treatises fall within a 2,000- year-old tradition of rhetorical analysis and discourse especially designed for lawyers. Beginning with treatises on rhetoric by Aris- totle, Cicero, and Quintilian, philosophers and lawyers have re- peatedly attempted, some more ambitiously than others, to de- scribe and analyze legal reasoning and methodology. Judge Aldisert implicitly acknowledges his participation in this ancient tradition with an epigraph drawn from Cicero's Republic, with his choice of subject matter, and with his use of centuries-old rhetori- cal terminology.3 Professor Burton's approach to legal analysis and argument can also be traced back to ancient rhetorical treatises especially written for the instruction of beginning advocates.