Rhetoric and the Law of Draco

Rhetoric and the Law of Draco
Author: Edwin Carawan
Publisher: Clarendon Press
Total Pages: 433
Release: 1998-02-26
Genre: History
ISBN: 0191584541

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Trials for murder and manslaughter in ancient Athens are preserved in a singularly full and revealing record. The earliest surviving speeches were written for such proceedings, and the laws governing such trials - laws that tradition ascribes to Draco himself - also survive in large part. These documents bear witness to the birth of the jury trial and of democratic rhetoric. This book, the first study of its kind, offers a systematic interpretation of Draco's law and the legal reasoning that grew out of it. The author outlines the historical development (7th to 4th centuries BCE), and then analyses the surviving speeches to unravel the underlying issues and practical consequences.

Classical Rhetoric and Contemporary Law

Classical Rhetoric and Contemporary Law
Author: Kirsten K. Davis
Publisher: University of Alabama Press
Total Pages: 299
Release: 2024
Genre: Language Arts & Disciplines
ISBN: 0817361391

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"From the twin birth of western rhetoric and law in the Greek-speaking world in the first millennium BCE, law and rhetoric were deeply connected in the ancient world. In the modern era of legal practice, the clear connections between law and classical rhetoric have largely been lost to both those trained in the law and those who study rhetoric. This interdisciplinary reader reestablishes those lost connections by pairing primary source materials in classical rhetoric and contemporary law. The chapters in this volume show that ancient rhetorical texts can deepen or disrupt contemporary notions about principles that lie at the root of western legal traditions and return to us our past, making it possible for scholars across several disciplines to build on work accomplished centuries before. Broken into four parts, this volume first covers the historical development of rhetoric. In Part Two, volume editor Mootz and scholar David A. Frank look at rhetorical theorists at "bookends" of an era when classical rhetoric was de-valued as a mode of thought. Mootz discusses the hegemonic wave of Enlightenment epistemology that separated law from rhetoric, and Frank shows that where Cartesian rationality fails in the modern era, the humanistic tradition of rhetoric allows law to respond to the needs of justice. Part Three consists of ten chapters that each (1) introduce a classical rhetorical theorist to the reader, (2) provide an excerpt from a text by that theorist, and then (3) demonstrate the relevance of that work to a contemporary court case. Moving from the Sophists, through Aristotle and Plato and their Greek contemporaries, to the Roman rhetoricians Cicero and Quintilian, and finally, to the early medieval rhetorician, St. Augustine, these reprinted classical texts are contextualized by leading scholars in law, classics, and rhetoric, each with probing discussion questions for readers to engage and interact with the materials rhetorically. This vital resource of primary texts demonstrates how rhetoric illuminates the operation of the legal system and reconnects law to its rhetorical roots. Structured for use by scholars in critical inquiry and well suited for use in graduate or law school courses, Classical Rhetoric and Contemporary Law will be of interest to law, rhetoric, English, and communication scholars, and as an interactive catalyst to examine the ways in which ancient rhetorical theory informs our understanding of law practice today"--

Women, Crime and Punishment in Ancient Law and Society

Women, Crime and Punishment in Ancient Law and Society
Author: Elisabeth Meier Tetlow
Publisher: A&C Black
Total Pages: 384
Release: 2005-06-24
Genre: History
ISBN: 9780826416292

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The ancient period of Greek history, to which this volume is devoted, began in late Bronze Age in the second millennium and lasted almost to the end of the first century BCE, when the last remnant of the Hellenistic empire created by Alexander the Great was conquered by the Romans. Extant texts of law of actual laws are few and often found embedded in other sources, such as the works of orators and historians. Greek literature, from the epics of Homer to the classical dramas, provides a valuable source of information. However, since literary sources are fictional portrayals and often reflect the times and biases of the authors, other more concrete evidence from archaeology has been used throughout the volume to confirm and contextualize the literary evidence about women, crime, and punishment in ancient Greece. The volume is divided into three parts: (I) Mykenean and Archaic Greece, (II) Classical Greece, and (III the Hellenistic Period. The book includes illustrations, maps, lists of Hellenistic dynasties, and Indices of Persons, Place and Subjects. Crime and punishment, criminal law and its administration, are areas of ancient history that have been explored less than many other aspects of ancient civilizations. Throughout history women have been affected by crime both as victims and as offenders. In the ancient world, customary laws were created by men, formal laws were written by men, and both were interpreted and enforced by men. This two-volume work explores the role of gender in the formation and administration of ancient law and examines the many gender categories and relationships established in ancient law, including legal personhood, access to courts, citizenship, political office, religious office, professions, marriage, inheritance, and property ownership. Thus it focuses on women and crime within the context of women in the society.

Law, Rhetoric and Comedy in Classical Athens

Law, Rhetoric and Comedy in Classical Athens
Author: D.L. Cairns
Publisher: Classical Press of Wales
Total Pages: 321
Release: 2004-12-31
Genre: History
ISBN: 191453512X

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An international cast of distinguished scholars here offers seventeen new contributions on the detail and development of Athenian law; the life, work, and political background of the Attic orators; and the intersection of Attic Comedy with Athenian law, politics, and society. In their detailed and careful use of evidence and deep awareness of social and historical contexts, the essays aspire to standards set by their distinguished honorand, Professor D.M. MacDowell.

The Science of Rhetoric

The Science of Rhetoric
Author: David Jayne Hill
Publisher:
Total Pages: 328
Release: 1877
Genre: English language
ISBN:

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A Companion to Greek Rhetoric

A Companion to Greek Rhetoric
Author: Ian Worthington
Publisher: John Wiley & Sons
Total Pages: 633
Release: 2010-01-11
Genre: Literary Criticism
ISBN: 144433414X

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This complete guide to ancient Greek rhetoric is exceptional both in its chronological range and the breadth of topics it covers. Traces the rise of rhetoric and its uses from Homer to Byzantium Covers wider-ranging topics such as rhetoric's relationship to knowledge, ethics, religion, law, and emotion Incorporates new material giving us fresh insights into how the Greeks saw and used rhetoric Discusses the idea of rhetoric and examines the status of rhetoric studies, present and future All quotations from ancient sources are translated into English

Law's Cosmos

Law's Cosmos
Author: Victoria Wohl
Publisher: Cambridge University Press
Total Pages: 377
Release: 2010-01-07
Genre: History
ISBN: 1139483714

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Recent literary-critical work in legal studies reads law as a genre of literature, noting that Western law originated as a branch of rhetoric in classical Greece and lamenting the fact that the law has lost its connection to poetic language, narrative, and imagination. But modern legal scholarship has paid little attention to the actual juridical discourse of ancient Greece. This book rectifies that neglect through an analysis of the courtroom speeches from classical Athens, texts situated precisely at the intersection between law and literature. Reading these texts for their subtle literary qualities and their sophisticated legal philosophy, it proposes that in Athens' juridical discourse literary form and legal matter are inseparable. Through its distinctive focus on the literary form of Athenian forensic oratory, Law's Cosmos aims to shed new light on its juridical thought, and thus to change the way classicists read forensic oratory and legal historians view Athenian law.

The Rhetoric of Manhood

The Rhetoric of Manhood
Author: Joseph Roisman
Publisher: Univ of California Press
Total Pages: 314
Release: 2005-02-21
Genre: History
ISBN: 9780520931138

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The concept of manhood was immensely important in ancient Athens, shaping its political, social, legal, and ethical systems. This book, a groundbreaking study of manhood in fourth-century Athens, is the first to provide a comprehensive examination of notions about masculinity found in the Attic orators, who represent one of the most important sources for understanding the social history of this period. While previous studies have assumed a uniform ideology about manhood, Joseph Roisman finds that Athenians had quite varied opinions about what constituted manly values and conduct. He situates the evidence for ideas about manhood found in the Attic orators in its historical, ideological, and theoretical contexts to explore various manifestations of Athenian masculinity as well as the rhetoric that both articulated and questioned it. Roisman focuses on topics such as the nexus between manhood and age; on Athenian men in their roles as family members, friends, and lovers; on the concept of masculine shame; on relations between social and economic status and manhood; on manhood in the military and politics; on the manly virtue of self-control; and on what men feared.

Rediscovering Rhetoric

Rediscovering Rhetoric
Author: Justin T. Gleeson
Publisher: Federation Press
Total Pages: 328
Release: 2008
Genre: Law
ISBN: 9781862877054

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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. Together the three parts provide a unique inter-disciplinary perspective on the theory and practice of legal and political persuasion. Published in association with the NSW Bar Association.

Law and Order in Ancient Athens

Law and Order in Ancient Athens
Author: Adriaan Lanni
Publisher: Cambridge University Press
Total Pages: 239
Release: 2016-08-09
Genre: History
ISBN: 0521198801

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This book draws on contemporary legal scholarship to explain why Athens was a remarkably well-ordered society.