scholarly journals An Application of Rhetorical Theory for Improving Effects of Persuasion Dialog between the Judge, the Jury and the trial Lawyer

2007 ◽  
Vol 19 (2) ◽  
pp. 235-260
Author(s):  
Sung-Ryong Kim
1993 ◽  
Vol 11 (3) ◽  
pp. 321-342 ◽  
Author(s):  
Shirley Sharon-Zisser

Abstract: The concem with progress and utility is shared by nineteenth-century scientists, philosophers, and rhetoricians, leading to significant correspondences among their discourses. This concern is manifest, for example, in the way in which several rhetorical treatises of the nineteenth century regard the distinction between a figure and a trope, which had been a common part of rhetorical theory since the time of Quintilian, as useless and anachronistic. By examining three nineteenth-century articulations of the justifications for erasing the trope/figure distinction from the cultural repertoire, this essay reveals structural and semantic parallels between these rhetorical treatises and the discourses of evolution and utilitarianism. Thus, the essay locates the source of the synonymity which the terms “trope” and “figure” have acquired in contemporary critical metalanguage in Victorian ideologies of progress and of the unprofitability and consequent discardability of the ancient.


Author(s):  
Martin Camper

Arguing over Texts presents a rhetorical method for analyzing how people disagree over the meaning of texts and how they attempt to reconcile those disagreements through argument. The book recovers and adapts a classification of recurring types of disagreement over textual meaning, invented by ancient Greek and Roman teachers of rhetoric: the interpretive stases. Drawing on the rhetorical works of Aristotle, Cicero, Quintilian, and Hermogenes, the book devotes a chapter to each of the six interpretive stases, which classify issues concerning ambiguous words and phrases, definitions of terms, clashes between the text’s letter and its spirit, internal contradictions, applications of the text to novel cases, and the authority of the interpreter or the text itself. From the dispute over Phillis Wheatley’s allegedly self-racist poetry to the controversy over whether some of Abraham Lincoln’s letters provide evidence he was gay, the book offers examples from religion, politics, history, literary criticism, and law to illustrate that the interpretive stases can be employed to analyze debates over texts in virtually any sphere. In addition to its classical rhetorical foundation, the book draws on research from modern rhetorical theory and language science to elucidate the rhetorical, linguistic, and cognitive grounds for the argumentative construction of textual meaning. The method presented in this book thus advances scholars’ ability to examine the rhetorical dynamics of textual interpretation, to trace the evolution of textual meaning, and to explore how communities ground their beliefs and behaviors in texts.


Author(s):  
Andrew Hadfield

Chapter 4 examines a variety of treatises and debates about rhetoric and its value, and whether the art of persuasion could be a dangerous tool in the hands of the unscrupulous or even whether it was a skill that risked corrupting the user, dangers that were identified by Quintilian, whose Institutio Oratoria (The Orator’s Education) shaped so much rhetorical theory and practice in the Renaissance. The chapter explores the practice of commonplacing, noting down particular maxims which could then serve as the basis of explorations of issues, a practice that, like rhetoric, generated anxiety about truth, falsehood, and lying. Particular attention is paid to Erasmus’s Colloquies and Lingua; William Baldwin’s A Treatise of Moral Philosophy, the most popular work of philosophy in sixteenth-century England; the use of commonplaces in Montaigne’s Essays; George Puttenham’s use of proverbs and figures in his Arte of English Poesie (1589); and Sir Philip Sidney’s understanding of poetry as lying in The Defence of Poetry.


2021 ◽  
pp. 1-22
Author(s):  
KAARLO HAVU

Abstract The article analyses the emergence of decorum (appropriateness) as a central concept of rhetorical theory in the early sixteenth-century writings of Erasmus and Juan Luis Vives. In rhetorical theory, decorum shifted the emphasis from formulaic rules to their creative application in concrete cases. In doing so, it emphasized a close analysis of the rhetorical situation (above all the preferences of the audience) and underscored the persuasive possibilities of civil conversation as opposed to passionate, adversarial rhetoric. The article argues that the stress put on decorum in early sixteenth-century theory is not just an internal development in the history of rhetoric but linked to far wider questions concerning the role of rhetoric in religious and secular lives. Decorum appears as a solution both to the divisiveness of language in the context of the Reformation and dynastic warfare of the early sixteenth century and as an adaptation of the republican tradition of political rhetoric to a changed, monarchical context. Erasmus and Vives maintained that decorum not only suppressed destructive passions and discord, but that it was only through polite and civil rhetoric (or conversation) that a truly effective persuasion was possible in a vast array of contexts.


1994 ◽  
Vol 10 (4-5) ◽  
pp. 323-326
Author(s):  
Jacob Berkson

I am Jacob B. Berkson, a 68-year-old resident of Hagerstown, Maryland. I was a trial lawyer for some 40 years. I am now retired and writing a book on Environmental Pollution and Environmental Illness, titled A Canary's Tale. I was invited to speak to you as a patient one who was poisoned by an organophosphate pesticide and who subsequently developed Multiple Chemical Sensitivity (MCS, or sometimes referred to as Environmental Illness, EI).


1982 ◽  
Vol 12 (1) ◽  
pp. 57-67
Author(s):  
Stephen J. Curley

We may discover the basis for a humanistic rhetoric of technical writing by examining managerial theories of human behavior. Complaints about the deficiencies of writers and their work correspond remarkably to complaints about the deficiencies of employees and their work. And both sets of complaints may actually be related to the traditional Theory X of human behavior, held by managers and teachers of writing. An alternative managerial theory proposed by Douglas McGregor, Theory Y, suggests ways to encourage an individual's initiative and to satisfy the organization's goals simultaneously. Since technical writing weds the worlds of writing and working, this managerial theory can provide a sound basis for a rhetorical theory that encourages a writer's initiative and satisfies the goals of writing simultaneously. The letter of application for employment illustrates how Theory Y works.


2021 ◽  
Vol 39 (4) ◽  
pp. 432-463
Author(s):  
Artemis Brod

Philostratus' Lives of the Sophists (VS) is not usually understood as a text with much relevance for rhetorical theory. But this omission cedes theory to the handbooks and reinforces the dichotomy between theory and practice. I argue that Philostratus' theory of efficacious performance—implicit as it may be—has much to offer scholars of rhetoric and classical studies. I demonstrate that Philostratus prizes improvisation not only because it reveals the paideia of the orator, who becomes a cultural ideal, but also because it affords processes of mutual constitution between orator and audience. This occurs when the sophist becomes a physical manifestation of what the moment calls for, which compels recognition from the audience. In the second part of the paper, I focus on Polemo, the most improvisatory of sophists. In the scenes in which he features, Polemo repeatedly emerges as a man and, in recognizing him, spectators come to embody their own masculinity, in turn.


2009 ◽  
Vol 27 (4) ◽  
pp. 420-445
Author(s):  
Michael C. Souders

John Nicholson's The Preceptor is the first book dedicated to an explicitly Mormon rhetorical theory, which he attempts to employ in the troubled landscape of LDS missionary training. This essay examines Nicholson's advice to missionaries, and argues that The Preceptor links logos and the Holy Spirit together in homiletic division of labor, connecting traditional Christian preaching with indigenous Mormon style and theology. By studying The Preceptor we can gain an appreciation for how rhetorical theories develop specific features that reflect a particular culture's location in history and society, and examine a rhetoric that served as an alternative to mainstream American religious and secular rhetorical development.


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