New Rhetorics for Contemporary Legal Discourse
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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. List of Contributors Introduction: New Rhetoric’s Tattered Examples 1. Exemplarity and the Resonance of Reasoning 2. In and ‘Out of Joint’, In and Out of the Norm: On Rhetoric and Law 3. From the Norms–Facts Dichotomy to the System–Problem Connection in the Judicial Realisation of Law: Logical Deduction v. Analogical Judgment in Adjudication 4. Multiculturalism and Criminal Law: Between the Universal and the Particular 5. Cognitive Populism: A Semiotic Reading of the Dialectics Type/Token 6. Exemplarity as Concreteness, or the Challenge of Institutionalising a Productive Circle between Past and Present, Old and New 7. What is Happening to the Norm? Gender as Paradigm of a Deformalised Neo-legal Positivism 8. Hypothetically Speaking: How to Argue about Meaning 9. Showing by Fiction: Audience of Extra-legal References in Judicial Decisions 10. Law as a System of Topoi: Sources of Arguments v. Sources of Law Index
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