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Vol 21 No 11 Nov/Dec 2016

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Ethics and Legal Rhetoric: An Analysis of Language Beliefs and the Law

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ISBN13: 9780754625414
ISBN: 0754625419
Published: July 2005
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



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Taking the novel position of dealing with law, classical rhetoric and feminism concurrently, this book considers the effects of beliefs about language on those who attempt to theorize about and use law to accomplish practical and political purposes.

The author employs Aristotle's terminology to analyze economic and literary schools of thought in the US legal academy, noting the implicit language theory underlying claims by major thinkers in each school about the nature of law and its relationship to justice. The underlying assumption is that, as law can only work through language, beliefs about its relationship to justice are determined by assumptions about the nature of language. In addition, the author provides an alternative, feminist rhetoric that, being focused on the production of texts rather than their interpretation, offers a practical ethic of intervention.

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Subjects:
Jurisprudence
Contents:
Rhetoric, law, ethics, feminism
The things we value: theory, practice, and production
The things we say: the speculations of legal science
The things we do: the activities of the legal imagination
The things we make: the productions of legal rhetoric
Erring for justice
Appendix
Bibliography
Index.