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Rediscovering Rhetoric: Law, Language, and the Practice of Persuasion

ISBN13: 9781862877054
Published: November 2008
Publisher: The Federation Press
Country of Publication: Australia
Format: Hardback
Price: £110.00

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Rhetoric is ubiquitous in modern discourse: from arguments delivered in the High Court, to advertisements disseminated in the high street. For the legal and political advocate, persuasion is also a professional technique that must be perfected properly to practise each art.

In contrast with the classical era and the middle ages, in which grammar, rhetoric and dialectic were basic features of all education, modern curricula almost entirely neglect any theoretical study of the methods of rhetoric.

Rediscovering Rhetoric re-introduces to modern practitioners and students a grasp of the speeches, writings and methodologies of the great classical scholars of rhetoric.

  • Part 1: Law and Language in the Greco-Roman Tradition provides a contextualised introduction to significant theorists of rhetoric in the classical period, and consists of four chapters written by practising barristers and a current Justice of the Federal Court of Australia.
  • Part 2: The Practice of Persuasion comprises essays by practitioners distinguished in their pursuit of legal persuasion – one former and two current Justices of the High Court of Australia – illuminating their experiences of argument from the perspective of both bench and bar.
  • Part 3: The Politics of Persuasion performs a similar function to Part 2, in the related domain of politics. It includes a chapter by Graham Freudenberg, former speechwriter for Gough Whitlam and others.

  • Subjects:
    Advocacy, Jurisprudence, Other Jurisdictions , Australia
    Foreword by John O Ward ;Acknowledgements ;List of contributors ;Introduction ;The nedessity of argument: Recovering a lost tradition Justin T Gleeson and Ruth CA Higgins

    Part 1 - Law and Language in the Greco-Roman Tradition "The empty eloquence of fools": Rhetoric in Classical Greece Ruth C A Higgins
    Cicero's De Oratore, Pro Milone and the Philippics: Character, Argument and Emotion Justin T Gleeson; Quintilian and the Public Attainment of Justice Douglas Hassall
    Hermogenes of Tarsus: Rhetorical Bridge from the Ancient World to the Modern The Honourable Justice Arthur R Emmett

    Part 2 - The Practice of Persuasion
    The Rise (and Fall?) of the Barrister Class The Honourable Michael H McHugh AC, QC
    Rhetoric in Law - A Case for Optimism The Honourable Justice Michael D Kirby AC, CMG
    Aspects of Rhetoric in Forensic Advocacy Over the Past 50 years The Honourable Justice J D Heydon AC

    Part 3 - The Politics of Persuasion The Political Rhetoric of American Aspiration Susan Thomas 20th-Century Political Rhetoric: Churchill, Menzies and Whitlam Graham Freudenberg AM Annotated Bibliography for Chapters in Part 1 Table of Cases Index