Rhetoric and Judges

Term Paper # 99333

Communication > Language and Speech
Law
Philosophy > Ancient Greek

Rhetoric and Judges

This paper explores the role of rhetoric in the judicial process.

807 words () | 5 sources | MLA | 2007 United States

Paper Summary:

The paper examines Aristotle's philosophical work "Rhetoric", which outlines the principles of effective persuasion. The paper discusses how rhetoric also serves as a powerful tool for the type of legal reasoning employed in the making of judgments in the judicial process. The paper concludes with the hope that members of the judiciary always prefer discovery of the better argument, reason and rigorous analysis over persuasion, emotion and dazzling effect.

From the Paper:

"The art of rhetoric arose in 5th century Greece, a time when traditional religion, morality, and politics received criticisms that significantly affected traditional attitudes about these subjects. According to historian Frank Thilly, it was also a time when public life offered a group of professional teachers called Sophists, men skilled in verbal persuasion, a wide-opened arena for practicing their arts of "oratory" and "rhetoric". (43)"
"However, rhetoric did not receive a systematic treatment until the 4th century, by the hands of the philosopher Aristotle. In his philosophical work called Rhetoric, Aristotle outlined in detail the principles of effective persuasion. Although rhetoric is an extremely useful instrument for writers and orators, it also serves as a powerful tool for the type of legal reasoning employed in the making of judgments in the judicial process."

Sample of Sources Used:

Aristotle. Rhetoric. Great Books of the Western World. Chicago: Encyclopedia Britannica, 1952
Balkin, J.M. A Night in the Topics: The Reason of Legal Rhetoric and the Rhetoric of Legal Reason. <http://www.yale.edu/lawweb/jbalkin/articles/topics1.htm>
De Fatima Simoes Francisco, Maria. Aristotle's Concept of Judgment in the Rhetoric (1). <http://www.hottopos.com.br/rih2pII/aristotle.htm>
Ransdell, Joseph. The Pursuit of Wisdom: A History of Philosophy Santa Barabara: Intelman Books, 1976.
Thilly, Frank. A History of Philosophy. New York: Henry Holt and Company, 1927.