Rhetoric by Avistotel: a Legal View

Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of this or that department of knowledge, highlights one and obscures another, prefers one over another. It happened to the rhetoric which was snatched by philology and neglected by lawyers. Although nowada...

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Autor principal:	K. Kh. Rekosh
Formato:	article
Lenguaje:	EN RU
Publicado:	MGIMO University Press 2015
Materias:	rhetoric enthymeme syllogism eloquence technical art methodology of sciences persuasion International relations JZ2-6530
Acceso en línea:	https://doaj.org/article/01e36f8677dd466097bb677e26ac69ef
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id	oai:doaj.org-article:01e36f8677dd466097bb677e26ac69ef
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spelling	oai:doaj.org-article:01e36f8677dd466097bb677e26ac69ef2021-11-23T14:51:00ZRhetoric by Avistotel: a Legal View2071-81602541-909910.24833/2071-8160-2015-3-42-244-249https://doaj.org/article/01e36f8677dd466097bb677e26ac69ef2015-06-01T00:00:00Zhttps://www.vestnik.mgimo.ru/jour/article/view/376https://doaj.org/toc/2071-8160https://doaj.org/toc/2541-9099Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of this or that department of knowledge, highlights one and obscures another, prefers one over another. It happened to the rhetoric which was snatched by philology and neglected by lawyers. Although nowadays it is natural that the same phenomena are studied by different Sciences, the ancient rhetoric is looked at by most researchers as the art of philology. But the approach by Aristotle, in his Rhetoric, was legal rather than linguistic. Among the Aristotle's 4 requirements concerning good style (correctness, clarity, relevance and eloquence) eloquence is only % and the % are closer to the law. Rhetoric has incorporated all the features of linguistic mechanisms and gave them to the law. The law perceived moral and ethical ideas: the good justice, virtue, ritual, law and techniques of philology and persuasion, among which the main one is syllogism already used in the dialectic, the main logic principle of legal reasoning. Towards the past, rhetoric is parallel to dialectic, but dialectic is focused on one person or on the speaker, and rhetoric aims at the audience, the first one tries to convince himself and the second tries to convince the audience and in this role rhetoric is linked with the law. As far as the evolution of law is concerned, instead of legal technique there was rhetoric (especially in its methodological form, defined by Aristotle), which can be considered as a step towards creating the law as a design in ancient Greece. It is proved by a comparison of the ancient institution of judicial process and judicial speeches with modern legal technicalities, which shows that the legal machinery embraced the principles of "rhetorical" technique. The methodological nature of the rhetoric by Aristotle is usually overlooked by linguists and lawyers.K. Kh. RekoshMGIMO University Pressarticlerhetoricenthymemesyllogismeloquencetechnical artmethodology of sciencespersuasionInternational relationsJZ2-6530ENRUVestnik MGIMO-Universiteta, Vol 0, Iss 3(42), Pp 244-249 (2015)
institution	DOAJ
collection	DOAJ
language	EN RU
topic	rhetoric enthymeme syllogism eloquence technical art methodology of sciences persuasion International relations JZ2-6530
spellingShingle	rhetoric enthymeme syllogism eloquence technical art methodology of sciences persuasion International relations JZ2-6530 K. Kh. Rekosh Rhetoric by Avistotel: a Legal View
description	Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of this or that department of knowledge, highlights one and obscures another, prefers one over another. It happened to the rhetoric which was snatched by philology and neglected by lawyers. Although nowadays it is natural that the same phenomena are studied by different Sciences, the ancient rhetoric is looked at by most researchers as the art of philology. But the approach by Aristotle, in his Rhetoric, was legal rather than linguistic. Among the Aristotle's 4 requirements concerning good style (correctness, clarity, relevance and eloquence) eloquence is only % and the % are closer to the law. Rhetoric has incorporated all the features of linguistic mechanisms and gave them to the law. The law perceived moral and ethical ideas: the good justice, virtue, ritual, law and techniques of philology and persuasion, among which the main one is syllogism already used in the dialectic, the main logic principle of legal reasoning. Towards the past, rhetoric is parallel to dialectic, but dialectic is focused on one person or on the speaker, and rhetoric aims at the audience, the first one tries to convince himself and the second tries to convince the audience and in this role rhetoric is linked with the law. As far as the evolution of law is concerned, instead of legal technique there was rhetoric (especially in its methodological form, defined by Aristotle), which can be considered as a step towards creating the law as a design in ancient Greece. It is proved by a comparison of the ancient institution of judicial process and judicial speeches with modern legal technicalities, which shows that the legal machinery embraced the principles of "rhetorical" technique. The methodological nature of the rhetoric by Aristotle is usually overlooked by linguists and lawyers.
format	article
author	K. Kh. Rekosh
author_facet	K. Kh. Rekosh
author_sort	K. Kh. Rekosh
title	Rhetoric by Avistotel: a Legal View
title_short	Rhetoric by Avistotel: a Legal View
title_full	Rhetoric by Avistotel: a Legal View
title_fullStr	Rhetoric by Avistotel: a Legal View
title_full_unstemmed	Rhetoric by Avistotel: a Legal View
title_sort	rhetoric by avistotel: a legal view
publisher	MGIMO University Press
publishDate	2015
url	https://doaj.org/article/01e36f8677dd466097bb677e26ac69ef
work_keys_str_mv	AT kkhrekosh rhetoricbyavistotelalegalview
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Rhetoric by Avistotel: a Legal View

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