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Vol 25 No 1 Jan/Feb 2020

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New Rhetorics for Contemporary Legal Discourse

Edited by: Angela Condello

ISBN13: 9781474450560
To be Published: April 2020
Publisher: Edinburgh University Press
Country of Publication: Scotland
Format: Hardback
Price: £85.00

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

  • 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 valuable also for civil law systems
  • Illustrates how single cases interpellate general norms and thus invites a reflection on legal normativity

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.

The book 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.

Introduction: New Rhetoric’s Tattered Examples
Peter Goodrich
Exemplarity and the Resonance of Reasoning
Mark Antaki
In and ‘Out of Joint’, In and Out of the Norm: On Rhetoric and Law
Angela Condello
From the Norms–Facts Dichotomy to the System–Problem Connection in the Judicial Realisation of Law: Logical Deduction v. Analogical Judgment in Adjudication
Ana Margarida Simões Gaudêncio
Multiculturalism and Criminal Law: Between the Universal and the Particular
Leandro Santos Da Guarda
Cognitive Populism: A Semiotic Reading of the Dialectics Type/ Token
Massimo Leone
Exemplarity as Concreteness, or the Challenge of Institutionalising a Productive Circle between Past and Present, Old and New
José Manuel Aroso Linhares
What is Happening to the Norm? Gender as Paradigm of a Deformalised Neo-legal Positivism
Silvia Niccolai
Hypothetically Speaking: How to Argue about Meaning
Karen Petroski
Showing by Fiction: Audience of Extra-legal References in Judicial Decisions
Terezie Smejkalová
Law as a System of Topoi: Sources of Arguments v. Sources of Law
Anita Soboleva