New Rhetorics for Contemporary Legal Discourse

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Edited by Angela Condello, Università degli Studi di Messina, Italy

Publisher:: Edinburgh University Press
Online publication date:: January 2025
Print publication year:: 2020
Online ISBN:: 9781474450584

Subjects:: Literature, English Literature: General Interest

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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? This collection of 11 essays takes a diachronic approach to address these questions from the perspective of contemporary legal discourse.

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New Rhetorics for Contemporary Legal Discourse

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Frontmatter
pp i-iv

Contents
pp v-v

List of Contributors
pp vi-vi

Introduction: New Rhetoric’s Tattered Examples
pp 1-8

1 - Exemplarity and the Resonance of Reasoning
pp 9-27

2 - In and ‘Out of Joint’, In and Out of the Norm: On Rhetoric and Law
pp 28-36

3 - From the Norms–Facts Dichotomy to the System–Problem Connection in the Judicial Realisation of Law: Logical Deduction v. Analogical Judgment in Adjudication
pp 37-49

4 - Multiculturalism and Criminal Law: Between the Universal and the Particular
pp 50-65

5 - Cognitive Populism: A Semiotic Reading of the Dialectics Type/ Token
pp 66-82

6 - Exemplarity as Concreteness, or the Challenge of Institutionalising a Productive Circle between Past and Present, Old and New
pp 83-100

7 - What is Happening to the Norm? Gender as Paradigm of a Deformalised Neo-legal Positivism
pp 101-118

8 - Hypothetically Speaking: How to Argue about Meaning
pp 119-138

9 - Showing by Fiction: Audience of Extra-legal References in Judicial Decisions
pp 139-155

10 - Law as a System of Topoi: Sources of Arguments v. Sources of Law
pp 156-170

Index
pp 171-175

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New Rhetorics for Contemporary Legal Discourse

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