RHETORIC IN LAW, ITS IMPORTANCE AND DEVELOPMENT

Authors

  • Robert Dauti Struga, Republic of North Macedonia

Keywords:

Legal practice, rhetoric, courtroom, law, arguments

Abstract

Rhetoric is the art of speaking effectively, with the aim of convincing others using words and arguments. Not all people are good orators and not all have good persuasive skills because rhetoric has to do with the use of a rich, constructive, logical and informative vocabulary. Rhetoric as an art also includes the legal field. Nowadays, when communication is a very big force and while the world is always more dynamic with its rules and changes, legal rhetoric has taken on a new importance. Legal rhetoric has taken on a new importance. even the sophists who studied and practiced rhetoric were lawyers and its practice in a democratic society is essential.
Legal rhetoric helps lawyers and not only criticize the law, rules, ethics and standards. Therefore, according to legal rhetoric, it is not only a system of rules, but together with rhetoric, they make the law a rhetorical art that regulates and manages society in a more efficient way. Courtroom rhetorical allows jurors to be more persuasive in the courtroom by using rhetorical skills, while people who study the field of law interpret the law to the audience. In this paper, the definition of rhetoric, its origins and the importance it has in today's society, mainly in the legal field, will be determined.
Materials and methods from legal institutions, universities, scientific researches on the art of speech and law were used for this work. Someone said that rhetoric as an art was not learned nor was it born in law schools, but as an art of communication in society, then we must first look at the rhetoric of Ancient Greece and Rome to understand the importance of using it in legal practice.
Legal rhetoric is more important in the last decade because laws and quasi-practices have taken on greater importance. A good lawyer needs to possess a good rhetoric which he will build on the basis of evidence, logical argument and the law.

References

Balkin, J.M.B. (1996). A Night in the Topic: The Reason of Legal Rhetoric and the Rhetoric in the Legal Reason, New Heaven, Yale University Press.

Barnwell, D.B. (2014). Rhetoric and Law, How do Lawyers persuade judges?, Atlanta US, Georgia State University.

Berger, L.L.B, Edwards, L.H.E, & Pollman, T.P. (2010). The Past, Presence and Future of Legal Writing Scholarship, Rhetoric, Voice, and Community, Nevada, School of Law.

Condello, A.C. (2020). New Rhetoric, of Contemporary Legal Discourse, Edinburgh, Edinburgh University Press.

Green, B.G, Melyneux, P.M, & Scull, J.S. (2022). Rhetoric, Agency, Pedagogy: a “new” perspective on language and Literacy Education, Australia, The Australian Journal of Language and Literacy.

Houck, D.W.H. (2019). Public Speaking in the 21st Century, Florida, Flip Learning.

MacCormick, N.M. (2009).Rhetoric and the Rule of Law, London, Oxford University Press.

Sarat, A.S, & Kearns, Th.R.K. (1994). The Rhetoric of Law, Michigan, The University of Michigan Press.

Wei, R.W. (2021). Primed, The Everyday of Rhetoric, Washington, New Degree Press.

White, J.B.W. (2018). Law as Rhetoric, Rhetoric as Law, Chicago, The University of Chicago.

Downloads

Published

2023-03-31

How to Cite

Dauti, R. (2023). RHETORIC IN LAW, ITS IMPORTANCE AND DEVELOPMENT. KNOWLEDGE - International Journal , 57(1), 241–243. Retrieved from https://ikm.mk/ojs/index.php/kij/article/view/5997

Most read articles by the same author(s)

1 2 > >>