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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front. Law China    2016, Vol. 11 Issue (3) : 453-470    https://doi.org/10.3868/s050-005-016-0027-4
Orginal Article
THE REALITIES OF LAW ARE THE WINNING NARRATIVES — BASIC THESES FOR A REALISTIC AND RHETORICAL PHILOSOPHY OF LAW
João Maurício Adeodato()
Full Professor, Vitória’s Law Faculty and Damas Law Faculty; Senior Researcher, CNPq, Brazil; Full Professor for Philosophy and Theory of Law, Law Faculty of Recife, Federal University of Pernambuco, Recife-PE, Brazil
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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     
Issue Date: 24 October 2016
 Cite this article:   
Jo?o Maurício Adeodato. THE REALITIES OF LAW ARE THE WINNING NARRATIVES — BASIC THESES FOR A REALISTIC AND RHETORICAL PHILOSOPHY OF LAW[J]. Front. Law China, 2016, 11(3): 453-470.
 URL:  
https://academic.hep.com.cn/flc/EN/10.3868/s050-005-016-0027-4
https://academic.hep.com.cn/flc/EN/Y2016/V11/I3/453
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