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.

Essays on Aristotle's Rhetoric offers a fresh and comprehensive assessment of a classic work. Aristotle's influence on the practice and theory of rhetoric, as it affects political and legal argumentation, has been continuous and far-reaching. This anthology presents Aristotle's Rhetoric in its original context, providing examples of the kind of oratory whose success Aristotle explains and analyzes. The contributors—eminent philosophers, classicists, and critics—assess the role and the techniques of rhetorical persuasion in philosophic discourse and in the public sphere. They connect Aristotle's Rhetoric to his other work on ethics and politics, as well as to his ideas on logic, psychology, and philosophy of language. The collection as a whole invites us to reassess the place of rhetoric in intellectual and political life.

Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern theories on the topic. Beginning with Aristotle's Rhetoric and culminating with Cicero's De Oratore and Quintilian's Institutio Oratoria, Greek and Roman rhetoricians created a clear, experience-based theoretical framework for analyzing legal discourse. This book is the first to systematically examine the connections between classical rhetoric and modern legal discourse. It traces the history of legal rhetoric from the classical period to the present day and shows how modern theorists have unknowingly benefited from the classical works. It also applies classical rhetorical principles to modern appellate briefs and judicial opinions to demonstrate how a greater familiarity with the classical sources can deepen our understanding of legal reasoning.

In this book, experts from the fields of law and philosophy explore the works of Aristotle to illuminate the much-debated and fascinating relationship between emotions and justice. Emotions matter in connection with democracy and equity – they are relevant to the judicial enforcement of rights, legal argumentation, and decision-making processes in legislative bodies and courts. The decisive role that emotions, feelings and passions play in these processes cannot be ignored – not even by those who believe that emotions have no legitimate place in the public sphere. A growing body of literature on these topics recognizes the seminal insights contributed by Aristotle. This book offers a comprehensive analysis of his thinking in this context, as well as proposals for inspiring dialogues between his works and those written by a selection of modern and contemporary thinkers. As such, the book offers a valuable resource for students of law, philosophy, rhetoric, politics, ethics and history, but also for readers interested in the ongoing debate about legal positivism and the relevance of emotions for legal and political life in today’s world.