The study describes a method created for the analysis of persuasive strategies, called rhetorical heuristics, which can be applied in speeches where the argument focuses primarily on questions of fact. First, the author explains how the concept emerged from the study of classical oratory. Then the theoretical background of rhetorical heuristics is outlined through briefly discussing relevant aspects of the psychology of decision-making. Finally, an exposition of how one could find these persuasive strategies introduces rhetorical heuristics in more detail.

Around 87 b.c. during the turmoil of the first Mithridatic war, Philo of Larissa, head of the so-called Fourth Academy, fled from Athens to Rome. There he gave lectures on philosophical topics and taught rhetoric. His classes were attended by a young man called Cicero, who was inspired by him to include in a work on rhetorical theory, somewhat inappropriately, a fervent confession of scepticism to which he stuck for the rest of his life. Later Cicero claimed to be—as an (...) orator—not a product of the workshops of the teachers of rhetoric, but of the spacious walks of the Academy. And he developed the ideal of the philosopher-orator. Scholars disagree whether the idea to bring philosophy and rhetoric together is Cicero's own invention or an adaptation from someone else, for instance Philo. (shrink)

Stasis is a process of classical rhetoric that identifies the core issue in a trial or a similar debate. Hermagoras of Temnos included the first comprehensive analysis of stasis in his second-century BCE treatise on rhetoric, now lost. Modern scholars tend to echo George Kennedy, who maintains that Hermagoras’ inspiration for the hierarchical structure of stasis is indeterminate. This article, however, employs scholarship in legal semiotics, including the work of Miklós Könczöl and Bernard S. Jackson, to argue that Hermagoras based (...) stasiastic structure on Aristotle’s first-figure syllogism. Ideally, knowledge of that structure can enhance modern applications of stasis. (shrink)

In this paper we use a series of examples to show how oppositions and dichotomies are fundamental in legal argumentation, and vitally important to be aware of, because of their twofold nature. On the one hand, they are argument structures underlying various kinds of rational argumentation commonly used in law as a means of getting to the truth in a conflict of opinion under critical discussion by two opposing sides before a tryer of fact. On the other hand, they are (...) argument structures underling moves made in strategic advocacy by both sides that function as platforms for different kinds of questionable argumentation tactics and moves that are in some instances tricky and deceptive. (shrink)

The present paper examines three parts of ancient school rhetoric: the issues, the topics, and the questions of style from the perspective of legal semiotics. It aims (1) to demonstrate the roles these have played and can play in the interpretation of legal discourses; and (2) to summarise what insights have been and can be gained from this classical tradition by contemporary legal research. It is argued that the promise of legal semiotics for rhetorical investigations is that it may help (...) to make sense of the functioning of the system of ancient rhetoric, and contribute to our understanding of how rhetorical tradition works, while the research of ancient rhetoric can explore a range of semiotic devices essential for lawyerly thinking, resulting in the knowledge of a richer framework of interpretation. (shrink)

Stasis theory has been the backbone of rhetorical theory ever since its full development by Hermagoras of Temnos in the second century BCE.1 Although Hermagoras’s original work was lost, the main parts of his theory were reconstructed in the twentieth century,2 thanks mainly to the major role stasis theory played in nearly all the important works of rhetorical theory until as late as the nineteenth century.3 Stasis theory aims at providing a toolset for the identification of vital issues in cases (...) of accusation and defense.4 To achieve this aim, Hermagoras, the Auctor ad Herennium, and classical authors such as Cicero, Quintilian, and Hermogenes of Tarsus created highly sophisticated models, which break up the main .. (shrink)

Stasis-theory seeks to classify rhetorical problems acccording to the underlying structure of the dispute that each involves. Such a classification is of interest to the practising rhetor, since it may help him identify an appropriate argumentative strategy; for example, patterns of argument appropriate to a question of fact may be irrelevant in an evaluative dispute.

Legal definitions will be examined from three perspectives: their pragmatic function, their propositional structure, and their argumentative role. In law, definitions can be used for different pragmatic purposes: they can be uttered to describe a concept, or to establish a new meaning for a term. The propositional content of definitional speech acts can be different. In law, like in ordinary conversation, there might be different types of definition: we can define by providing examples, or showing the fundamental characteristics of the (...) concept defined, or listing the constituent parts of the denotatum. All these definitions play different argumentative roles in legal discourse. At a third level, definitions can be thought of as premises in complex patterns of reasoning (for the subject of reasoning from definition in law, see Aarnio 1977; Moore 1980; Lindahl, 2004). They constitute the fundamental element of argument from classification, namely a pattern of inference in which a new property (or a name) is attributed to an entity on the basis of other properties. (shrink)