THE REALITIES OF LAW ARE THE WINNING NARRATIVES — BASIC THESES FOR A REALISTIC AND RHETORICAL PHILOSOPHY OF LAW

Abstract

This article begins explaining the Aristotelian reduction of rhetoric to persuasion, which came to determine Western tradition until modern times. To understand Aristotle’s methodology the author then wants to discuss the concept of enthymeme, the “rhetorical syllogism,” in Aristotle’s own words. In order to try a realistic critique on the Aristotelian rhetoric, more adequate to a rhetoric of modern law, the author will suggest three epistemological points of departure, three theses, and the three levels of rhetoric that support them.

Keywords

realistic rhetoric / rhetoric as a philosophical approach / against ontological approaches / against Aristotelian rhetoricians

RIGHTS & PERMISSIONS

2016 Higher Education Press