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Exploring Argumentative Contexts
In Exploring Argumentative Contexts Frans H. van Eemeren and Bart Garssen bring together a broad variety of essays examining argumentation as it occurs in seven communicative domains: the political context, the historical context, the legal context, the academic context, the medical context, the media context, and the financial context. These essays are written by an international group of argumentation scholars, consisting of Corina Andone, Sarah Bigi, Robert T. Craig, Justin Eckstein, Frans H. van Eemeren, Norman Fairclough, Eveline Feteris, Gerd Fritz, Bart Garssen, Kara Gilbert, Thomas Gloning, G. Thomas Goodnight, Dale A. Herbeck, Darrin Hicks, Thomas Hollihan, Jos Hornikx, Isabela Ietcu-Fairclough, Gábor Kutrovátz, Maurizio Manzin, Davide Mazzi, Dima Mohammed, Rudi Palmieri, Angela G. Ray, Patricia Riley, Robert C. Rowland, Peter Schulz, Karen Tracy, and Gergana Zlatkova.
The Law and Comedy
Despite their inherent seriousness, the law and those who practice it, be it lawyers, judges, politicians, or bureaucrats, are amongst the most popular objects of comedy and humour. Sometimes even the mention of the law, or the mere use of legal vocabulary, can trigger laughter. This is deeply counterintuitive, but true across cultures and historical eras: while the law is there to prevent and remedy injustice, it often ends up becoming the butt of comedy. But laughter and comedy, too, are also infused with seriousness: as universal social phenomena, they are extremely complex objects of study. This book maps out the many intersections of the law and laughter, from classical Greece to the present day. Taking on well-known classical and modern works of literature and visual culture, from Aristophanes to Laurel and Hardy and from Nietzsche to Totò and Fernandel, laughter and comedy bring law back to the complexity of human soul and the unpredictability of life.
What Do We Know About the World?
What do we know about the world? Rhetorical and Argumentative Perspectives is a book trying to answer the title question by contributing to rhetorical and argumentative studies. It consists of papers presented at the “First International Conference on Rhetoric in Croatia: the Days of Ivo Škarić” in May, 2012, and subsequently revised for publication. Through a variety of different routs, the papers explore the role of rhetoric and argumentation in various types of public discourse and present interdisciplinary work connecting linguists, phoneticians, philosophers, law experts and communication scientists in the common ground of rhetoric and argumentation.. The Conference was organized with the intent of paying respect to the Croatian rhetorician and professor emeritus Ivo Škarić who was the first to introduce rhetoric at the Department of Phonetics at the Faculty of Humanities and Social Sciences, University of Zagreb.
The Logic of Legal Argumentation
Multi-modal argumentation with its logical, emotional, visceral and kisceral arguments is an important addition to logical argumentation, especially when real-life situations are considered. It does not discard logic but adds other modes of argumentation to complement it, to emphasize the realistic environments of communication. In this sense, the multi-modal theory is important for the area of legal argumentation, where even in the reasoning of judicial decisions traces of a flesh-and-blood personality, who decided the case and wrote the reasons, can be found. This book presents a comprehensive analysis of this informal logic in legal argumentation and its practicality within the law. It ar...
Beyond Deconstruction
The controversy over Jacques Derrida's legacy is one of the most effective engines driving the contemporary debate, far beyond the bounds of philosophy. By now, the variety of contesting positions is so wide that it calls for a critical assessment to achieve a unified theoretical scheme. The dyad of deconstruction and reconstruction, to which the title of the volume refers, aims at composing a kind of map of this debate. The three sections of the book include essays that investigate specific aspects of Derrida's reception, from the view of 1. philosophy, 2. literary studies and 3. politics and law. These contributions study the implications of deconstruction beyond its original scope and intervene by taking stock of its most relevant aporias.
Modern Legal Interpretation
Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation. ...
Metaphysics of Human Rights 1948-2018
The 1948 Declaration of Human Rights demanded a collaboration among exponents from around the world. Embodying many different cultural perspectives, it was driven by a like-minded belief in the importance of finding common principles that would be essential for the very survival of civilization. Although an arduous and extensive process, the result was a much sought-after and collective endeavor that would be referenced for decades to come. Motivated by the seventieth anniversary of the 1948 Universal Declaration of Human Rights and enriched by the contributions of eminent scholars, this volume aims to be a reflection on human rights and their universality. The underlying question is whether...
The Rhetoric of Cicero in its Medieval and Early Renaissance Commentary Tradition
This multi-authored volume, by an authoritative team of international scholars, examines the transmission of Ciceronian rhetoric in medieval and early Renaissance Europe, concentrating on the fortunes, in particular, of the two dominant classical rhetorical textbooks of the time, Cicero’s early De inventione, and the contemporary ‘pseudo-Ciceronian’ Rhetorica ad Herennium. The volume is unprecedented in range and depth as a presentation of the place of classical rhetoric in medieval culture, and will serve to revise views of a period seen until recently as largely indifferent to the values of ‘eloquence’. The main body of the volume is composed of a series of ground-breaking studie...
Diaspora, Law and Literature
The well-known challenges of international migration have triggered new departures in academic approaches, with 'diaspora studies' evolving as an interdisciplinary and even transdisciplinary field of study. Its emerging methodology shares concerns with another interdisciplinary field, the study of the relations between law and literature, which focuses on the ways in which the two cultural practices of law and literature mutually negotiate each other and on the question after the ontological commensurability of the domains. This volume offers, for the first time, an attempt to provide an interface between these overlapping interdisciplinary endeavours of literary studies, legal studies, and diaspora studies. In doing so, it explores new approaches and invites new perspectives on diasporas, migration and the disciplines that study them, hopefull also adding to the cultural resources of coping with a swiftly changing social landscape in a globalizing world.
