Rhetorical Traditions & Contemporary Law

342 Pages Posted: 12 Jul 2024 Last revised: 6 Dec 2024

See all articles by Elizabeth C. Britt

Elizabeth C. Britt

Northeastern University

Brian Larson

Texas A&M University School of Law

Mark Hannah

Arizona State University (ASU)

Francis Joseph Mootz III

University of the Pacific - McGeorge School of Law

Vasileios Adamidis

Nottingham Trent University

Laura A. Webb

University of Richmond - School of Law

Susan Tanner

University of Louisville - Louis D. Brandeis School of Law

Jennifer Andrus

University of Utah

M. Kelly Carr

University of West Florida

Laura Collins

University of Colorado, Colorado Springs

Rasha Diab

University of Texas

Lindsay Head

Jacksonville University

Erin Frymire

Trinity College (Hartford CT)

Judy M. Cornett

University of Tennessee College of Law

Date Written: July 12, 2024

Abstract

Rhetoric—the arts of practical discourse that we broadly define as the use of symbols to influence belief and action—has something to say about contemporary legal theory and practice. Law and rhetoric in the West were born together nearly 2500 years ago in the Mediterranean. American law has eschewed its rhetorical roots since the late nineteenth century. Denying law’s rhetorical nature helps to construct an impartial façade, shoring up law’s legitimacy. Admitting the rhetorical nature of law would be to admit its partiality, or the point of view inevitably inscribed with every textual choice. At the same time, rhetorical theorists have turned their attention to many subjects other than law. Though many rhetorical scholars today still study legal rhetoric, much of their focus is on high-profile court cases and Supreme Court opinions. This volume’s contributors believe it is time for an expanded conversation between law and rhetoric, placing a broader variety of legal texts in conversation with a broader variety of rhetorical traditions than is typically available. Each essay here makes a connection between one or more significant texts on rhetoric and contemporary legal texts.

Suggested Citation

Britt, Elizabeth and Larson, Brian and Hannah, Mark and Mootz, Francis Joseph and Adamidis, Vasileios and Webb, Laura A. and Tanner, Susan and Andrus, Jennifer and Carr, M. Kelly and Collins, Laura and Diab, Rasha and Head, Lindsay and Frymire, Erin and Cornett, Judy M., Rhetorical Traditions & Contemporary Law (July 12, 2024). Texas A&M University School of Law Legal Studies Research Paper, University of Louisville School of Law Legal Studies Research Paper Series No. 2024-8, University of Tennessee Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=4892978 or http://dx.doi.org/10.2139/ssrn.4892978

Elizabeth Britt

Northeastern University ( email )

220 B RP
Boston, MA 02115
United States

Brian Larson (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX Tarrant County 76102
United States

Mark Hannah

Arizona State University (ASU) ( email )

Farmer Building 440G PO Box 872011
Tempe, AZ 85287
United States

Francis Joseph Mootz

University of the Pacific - McGeorge School of Law ( email )

3200 Fifth Avenue
Sacramento, CA 95817
United States

Vasileios Adamidis

Nottingham Trent University ( email )

Laura A. Webb

University of Richmond - School of Law ( email )

28 Westhampton Way
Richmond, VA 23173
United States

Susan Tanner

University of Louisville - Louis D. Brandeis School of Law ( email )

Jennifer Andrus

University of Utah ( email )

M. Kelly Carr

University of West Florida ( email )

Laura Collins

University of Colorado, Colorado Springs ( email )

Rasha Diab

University of Texas ( email )

Lindsay Head

Jacksonville University ( email )

Erin Frymire

Trinity College (Hartford CT) ( email )

Judy M. Cornett

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996
United States
865,974,6827 (Phone)
865.974.0681 (Fax)

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