Greco-Roman Legal Analysis: The Topics of Invention
23 Pages Posted: 9 Oct 2014
Date Written: 1992
Despite countless books and articles on legal logic, legal reasoning and legal argument, modern writers on these subjects demonstrate a curious and regrettable disregard for the close connections between modern approaches to these topics and classical Greco-Roman writing on the same topics more than 2,000 years ago. Although this neglect has changed somewhat in recent years, only a few modern writers implicitly or explicitly acknowledge their reliance on ancient traditions of rhetorical analysis and discourse especially designed for legal advocates and legislators. Had they done so they would soon recognize that modern theorizing on effective legal discourse still relies on practical approaches to legal, factual and issue analysis described and recommended by rhetoric treatises composed by Aristotle, Cicero and Quintilian.
Keywords: classical rhetoric, Greco-Roman legal analysis, Aristotle, Cicero, Quintilian, effective legal discourse, legal reasoning, legal argument
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