The first book to examine closely how the relationship of Cicero's oral and written skills bears on his legal argumentation. Enos argues that, more than any other Roman advocate, Cicero developed a "literate mind" which enabled him to construct arguments that were both compelling in court and popular in society. Through close examination of the audience and substance of Cicero's legal rhetoric, Enos shows that Cicero used his writing skills as an aid to composition of his oral arguments; after the trial, he again used writing to edit and re-compose texts that appear as "speeches" but function as literary statements directed to a public audience far removed from the courtroom. These statements are couched "in a mode that would eventually become a standard of literary eloquence." Enos explores the differences between oral and literary composition to reveal relationships that bear not only on different modes of expression but also on the conceptual and cultural factors that shape meaning itself.

Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern theories on the topic. Beginning with Aristotle's Rhetoric and culminating with Cicero's De Oratore and Quintilian's Institutio Oratoria, Greek and Roman rhetoricians created a clear, experience-based theoretical framework for analyzing legal discourse. This book is the first to systematically examine the connections between classical rhetoric and modern legal discourse. It traces the history of legal rhetoric from the classical period to the present day and shows how modern theorists have unknowingly benefited from the classical works. It also applies classical rhetorical principles to modern appellate briefs and judicial opinions to demonstrate how a greater familiarity with the classical sources can deepen our understanding of legal reasoning.

Cicero and Modern Law contains the best modern writings on Cicero's major law related works, such as the Republic, On Law, On Oratory, along with a comprehensive bibliography of writings on Cicero's legal works. These works are organized to reveal the influence of Cicero's writings upon the history of legal thought, including St. Thomas, the Renaissance, Montesquieu and the U.S. Founding Fathers. Finally, the articles include discussions of Cicero's influence upon central themes in modern lega thought, including legal skepticism, republicanism, mixed government, private property, natural law, conservatism and rhetoric. The editor offers an extensive introduction, placing these articles in the context of an overall view of Cicero's contribution to modern legal thinking.

First Published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

MIRTH MAKING examines the complex and often contradictory ways in which writers of rhetoric and courtesy manuals during the English Renaissance counseled their readers on the powers and hazards of jesting. Shedding light on a subject largely neglected by contemporary scholars, Holcomb's pathbreaking study demonstrates how such humor-related advice points to and participates in broader cultural phenomena - most notably the era's increase in social and geographic mobility and the contest between authority and subversion. Describing the English Renaissance as a brief but crucial phase in the history of jesting discourse, Holcomb differentiates humor-related counsel of the period from that of classical and medieval sources by its focus on communication between people of different stations. Holcomb shows that, in a changing society, handbook writers presented jesting as a socially conservative force and suggests that with a well-placed jest or quip, an orator might enhance his status and persuasive power or shame and ridicule those beneath him. Holcomb also recognizes, however, that rhetoricians confronted significant challenges as they sought to capture, explain, and teach a strategy b

Since its original publication by UNC Press in 1980, this book has provided thousands of students with a concise introduction and guide to the history of the classical tradition in rhetoric, the ancient but ever vital art of persuasion. Now, George Kennedy offers a thoroughly revised and updated edition of Classical Rhetoric and Its Christian and Secular Tradition. From its development in ancient Greece and Rome, through its continuation and adaptation in Europe and America through the Middle Ages and Renaissance, to its enduring significance in the twentieth century, he traces the theory and practice of classical rhetoric through history. At each stage of the way, he demonstrates how new societies modified classical rhetoric to fit their needs. For this edition, Kennedy has updated the text and the bibliography to incorporate new scholarship; added sections relating to women orators and rhetoricians throughout history; and enlarged the discussion of rhetoric in America, Germany, and Spain. He has also included more information about historical and intellectual contexts to assist the reader in understanding the tradition of classical rhetoric.

This collection offers the first comprehensive discussion of the history, theory, and pedagogical applications of kairos, a seminal and recently revised concept of classical rhetoric. Augusto Rostagni, James L. Kinneavy, Richard Leo Enos, John Poulakos, and John E. Smith are among the international list of scholars who explore the Homeric and literary origins of kairos, the technologies of time-keeping in antiquity, the role of "right-timing" in Hippocratic medicine, the improvisations of Gorgias, as well as the uses of kairos in Isocrates, Plato, Aristotle, Cicero, and the New Testament. Broad in its scope, the book also examines the distinctive philosophies of time reflected in Renaissance Humanism, Nineteenth-Century American Transcendentalism, Oriental art and ritual, and the application of kairos to contemporary philosophy, ethics, literary criticism, rhetorical theory, and composition pedagogy.