MODERN SOURCES OF LEGAL ORATORY
MODERN SOURCES OF LEGAL ORATORY
Author(s): ROŞU Mircea AlexandruSubject(s): Social Sciences
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: legal argumentation; informal argumentation; legal reasoning; practical argumentation
Summary/Abstract: This article is intended to spark the interest of legal practitioners for the development of argumentation skills. The link between rhetoric and law is analysed from the perspectives provided by The New Rhetoric: A Treatise on Argumentation by Chaïm Perelman and LucieOlbrechts-Tyteca and The Uses of Argument by Stephen Toulmin, authors who contributed to the rebirth of informal argumentation in modern times. Perelman tries to explain how arguments work and draws from his vast legal knowledge to provide suitable examples for his theories regarding practical argumentation. Toulmin decides that formal argumentation does not fully explain the way in which people reason. He therefore develops his own system for analysing argumentation and also uses the legal field as a means of illustrating his ideas. The article at first analyses the particularity of each approach and then continues to point out some similarities between the two theories while also offering some perspectives for further study of legal oratory.
- Issue Year: 8/2015
- Issue No: 1
- Page Range: 234 - 247
- Page Count: 14
- Language: English