Rhetorical Knowledge in Legal Practice and Critical Legal Theory
278 pages, 6 x 9
Paperback
Release Date:18 Apr 2023
ISBN:9780817360849
Hardcover
Release Date:12 Nov 2006
ISBN:9780817315368
Rhetorical Knowledge in Legal Practice and Critical Legal Theory
University of Alabama Press
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.
Rejecting the unfulfilled ideals of certainty, singular truths, and perspicuous clarity in legal discourse, Mootz offers a provocative and well-grounded consideration of the way that law and legal practice simultaneously create and are grounded in rhetorical knowledge. The book reveals the dynamic character of law’s rhetorical knowledge and, at the same time, insists on the possibility of reason and rationality.’
—William Lewis, Drake University
Rhetorical Knowledge in Legal Practice and Critical Legal Theory is an important resource for any serious student of rhetoric and law. And it is a significant step in overcoming the modem law's ‘deeply ironic resistance to rhetoric.’’
—Argumentation and Advocacy
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.
