Rhetorical Knowledge in Legal Practice and Critical Legal Theory
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A01=Francis Mootz
Advocacy
Anti-formalism
Argumentation
Author_Francis Mootz
Category=CBP
Classical rhetoric Aristotle
Client counseling
Contextual meaning
Continental philosophy
Critique of legal positivism
Critique of rule-based pedagogy
Discursive practice
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Ethical deliberation
Formation of legal judgment
Hermeneutics
Indeterminacy of legal rules
Interpretive practice
Judicial decision-making
Law as a rhetorical activity
Law as conversation
Lawyerly judgment
Legal interpretation
Legal problem-solving
Legal reasoning
Legal rhetoric
Limits of formalism
Meaning through practice
Mechanical jurisprudence
Narrative reasoning
Overreliance on doctrinal analysis
Persuasion in law
Postmodern legal theory
Practical judgment
Practical wisdom in lawyering
Pragmatism
Professional identity
Reflective practice
Rhetorical education
Rhetorical knowledge
Rule skepticism
Situated understanding
Skills-based legal education
Teaching legal reasoning
Product details
- ISBN 9780817315368
- Weight: 556g
- Dimensions: 161 x 231mm
- Publication Date: 12 Nov 2006
- Publisher: The University of Alabama Press
- Publication City/Country: US
- Product Form: Hardback
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A clear summary of contemporary rhetorical philosophy and its intersections with hermeneutics and critical theory. This book describes the significance of rhetorical knowledge for law through detailed discussions of some of the most difficult legal issues facing courts today, including affirmative action, gay rights, and assisted suicide. Francis J. Mootz responds to both extremes, those who argue that law is merely a rhetorical mask for the exercise of power and those who demonstrate an ideological faith in law's autonomy, and he breaks new ground by returning to modern classics in the fields of rhetoric and hermeneutics. Drawing from Chaim Perelman's 'new rhetoric' and Hans-Georg Gadamer's 'philosophical hermeneutics,' Mootz argues that justice is a product of rhetorical knowledge. Drawing from Nietzsche, Mootz's conception of rhetorical knowledge opens up the dynamic possibilities of critical legal theory.
Francis J. Mootz III is Professor of Law at the Dickinson School of Law at Penn State University, editor of Gadamer and Law, andcoeditor with Peter Goodrich Nietzsche and Law (both forthcoming).
