Full Description
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.
Contents
Introduction: New Rhetoric's Tattered ExamplesPeter Goodrich
Exemplarity and the Resonance of ReasoningMark Antaki
In and 'Out of Joint', In and Out of the Norm: On Rhetoric and LawAngela Condello
From the Norms-Facts Dichotomy to the System-Problem Connection in the Judicial Realisation of Law: Logical Deduction v. Analogical Judgment in AdjudicationAna 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 PositivismSilvia 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
Index
