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.

Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.

"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."--Provided by publisher.

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.

The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.

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.

A “singularly accurate, readable, and elegant translation [of] this much-neglected foundational text of political philosophy” (Peter Ahrensdorf, Davidson College). For more than two thousand years, Aristotle’s“Art of Rhetoric” has shaped thought on the theory and practice of persuasive speech. In three sections, Aristotle defines three kinds of rhetoric (deliberative, judicial, and epideictic); discusses three rhetorical modes of persuasion; and describes the diction, style, and necessary parts of a successful speech. Throughout, Aristotle defends rhetoric as an art and a crucial tool for deliberative politics while also recognizing its capacity to be misused by unscrupulous politicians to mislead or illegitimately persuade others. Here Robert C. Bartlett offers an authoritative yet accessible new translation of Aristotle’s “Art of Rhetoric,” one that takes into account important alternatives in the manuscript and is fully annotated to explain historical, literary, and other allusions. Bartlett’s translation is also accompanied by an outline of the argument of each book; copious indexes, including subjects, proper names, and literary citations; a glossary of key terms; and a substantial interpretive essay.

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.

In The Art of Rhetoric, Aristotle demonstrates the purpose of rhetoric—the ability to convince people using your skill as a speaker rather than the validity or logic of your arguments—and outlines its many forms and techniques. Defining important philosophical terms like ethos, pathos, and logos, Aristotle establishes the earliest foundations of modern understanding of rhetoric, while providing insight into its historic role in ancient Greek culture. Aristotle’s work, which dates from the fourth century B.C., was written while the author lived in Athens, remains one of the most influential pillars of philosophy and has been studied for centuries by orators, public figures, and politicians alike. HarperTorch brings great works of non-fiction and the dramatic arts to life in digital format, upholding the highest standards in ebook production and celebrating reading in all its forms. Look for more titles in the HarperTorch collection to build your digital library.