This essay discusses the most recent manifestations of the debate of the law and literature movement. The essay traces the evolution of the Law and Literature schools and identifies some of their adherents and conclusions, shows how these schools have influenced the conceptual development and teaching of American law, presents connections between the Critical Legal Studies and Law and Economics movements in the U.S., and raises questions about the Law and Literature movement.

The reply to five reviews of Bourgeois equality in a symposium in EJPE observes that all the reviewers admit the great force of ideas in causing the Great Enrichment. Materialism is dead. Liberalism reigns.

The author compares two theoretical models which develop constructs of an ideal audience. Chaim Perelman's universal audience serves a methodological function within the New Rhetoric which provides for the examination of philosophical arguments on values. Implicit within the work of Isocrates is a competing image which asserts that the ideal audience is empowered by the conditions of argument to engage the advocate in discursive praxis to construct and embody a consensus on contingency-driven value debates. The author concludes that the concept (...) of an ideal audience will be most valuable where interest in adherence to theses is less central than attendance to relationships born in and borne by discourse. Such a view has purchase within a constitutive view of rhetorical relations which asserts that the most useful role for argument is as an invitation to engagement. The situation of argumentation within a deontological ethics requires the partnership and participation of individuals in a mutually constructed discursive praxis. (shrink)

This article traces commonalities between the practices of visual animation and modern law through a political and jurisprudential reading of the animated film Ratatouille. It contends that Ratatouille’s treatment of the ontological and anthropological problem of the human soul not only addresses the philosophical complexities inherent to animation, but also the ideological and material conditions that currently govern the practice of égaliberté in contemporary liberal democracies.

Four years ago, as colleagues in our university's law and medical schools, we designed and began offering a course for law, medical, and nursing students, studying professionalism and professional ethics by reading and discussing current and earlier images of nurses, doctors, and lawyers in literature. We wanted to make professional ethics, professional culture, and professional education the objects of study rather than simply the unreflective consequences of exposure to professional language, culture, and training. We wanted to do it in an (...) interdisciplinary course where aspiring professionals could share their self-conceptions and their conceptions of each other, and we wanted to do it by using stories, our primary means for organizing experience and claiming meaning for it. This article tells the story of that experience: why we did it; how we did it; what we learned from doing it. (shrink)

In the face of widespread cynicism as regards the possibilities for reasoned and reasonable adjudication of ethical differences in the postmodern age, this essay proposes a dialogic, reconstructive rhetoric as a vehicle for jointly arguing about the ethics of past actions, and looks to the friendship circle as a model arena for the playing out of such a rhetoric. Analyzed by way of illustration is a conversation among four good friends about the ethics of another, surreptitiously taped, conversation between two (...) of those friends. (shrink)

(1988). Approaches, opportunities and priorities in the rhetoric of political inquiry: A critical synthesis. Social Epistemology: Vol. 2, No. 1, pp. 21-42.

In lieu of an abstract, here is a brief excerpt of the content:Modernity as a Rhetorical Problem: Phronēsis, Forms, and Forums in Norms of Rhetorical CultureJames Arnt AuneThe true paradises are the paradises that we’ve lost.—Marcel Proust, The Past RegainedThomas B. Farrell’s Norms of Rhetorical Culture (1993, 6) remains both a masterly synthesis of previous constructive work in rhetorical theory and the essential starting point for anyone committed to reconciling the practical impulses of Aristotelian rhetoric, ethics, and politics with the (...) critical imperatives of modernity. In what follows, I try to make a very simple point about Farrell’s recuperation of Aristotelianism: he neglects matters of social causation and institutional design that were essential to Aristotle’s understanding of rhetoric. In turn, by displacing the social in favor of the cultural—a displacement characteristic of much recent work in the human sciences (Schudson 1997)—Farrell lacks a coherent account of the gap between the normative aspirations of classical rhetoric and the empirical characteristics of public life in modern liberal democracies.The problem appears most clearly in chapter 7 of Norms : “Criticism, Disturbance, and Rhetorical Community.” Farrell defines culture as “the common definition of places for the invention and perpetuation of meaning. A culture offers to those who live in it symbols and families of practices that [End Page 402] permit ongoing performances of meaning and value” (1993, 277). Summarizing his previous arguments, Farrell contends that Aristotle’s Rhetoric informs modern “cultural occasions” in three ways: “the impetus for rhetorical meaning, which we find in Aristotle’s seminal understanding of phronēsis, typified by deliberative prudence; a concept of rhetorical form, which we have found in the prototype for public inference and judgment—the enthymeme; and a modern rhetorical forum, a space of engagement wherein the modern constraints of rhetorical culture might assert themselves” (1993, 277). Although these three concepts are inherently useful, both for analyzing past rhetorical episodes and for projecting emancipatory rhetorical possibilities in the present, they are insufficiently grounded in a historical account of the differences between ancient and modern prudential deliberation, rhetorical forms, and rhetorical forums. An adequate history of these differences would require attention to modern social systems as a whole, which include the economy, the polity, and social institutions such as the family, schools, religious and ethnic organizations, and, most crucially for contemporary social systems, the entire apparatus of the culture industry, including the news and entertainment “media.”The cultural aspect of the modern social system, loosely following Talcott Parsons (1951), includes norms, which make for communal solidarity, and values, which undergird the whole system. Although a thoroughgoing account of the place of rhetoric in the entire contemporary social system of a modern liberal democracy such as the United States or Canada would have required a book three times as long as Norms, there are three ways in which modernity complicates the appropriation of Aristotle’s concepts. First, rhetorical meaning is very different in a social system in which individual autonomy takes precedence over communal solidarity as a fundamental value (Pippin 1999). Second, rhetorical forms function differently in a social system in which those forms can be commodified (Aune 1994, 2001). Third, rhetorical forums are also far more complex, especially in an extended republic like Canada or the United States, requiring greater attention to the way in which constitutions literally create persons who speak (such as the president or prime minister) and spaces for speaking (Congress, the state or provincial houses [White 1984]). The need to raise massive sums of money to obtain media access for common rhetorical deliberation, as is especially the case in the United States, complicates the notion of a rhetorical forum immensely. Even without adopting a broadly Marxian framework, it is clear that the rise and development of capitalism have permanently altered rhetorical deliberation and its forms and forums. [End Page 403] In what follows, I expand on these three criticisms first, by developing a historical account of the social changes that necessitate a rethinking of classical rhetorical theory; second, by comparing and contrasting Farrell’s work with two other contemporary Aristotelianisms, one antimodernist and the other solidly modernist; and third, by developing a framework for normative and empirical investigation of rhetoric that is, I hope... (shrink)

In everyday conversations, people put forward versions of events and provide supporting evidence to build a credible case. In environments where there are potentially competing versions, case-building may take a more systematic format. Specifically, we conducted a rhetorical analysis to consider how in child mental health settings, families work to present a credible ‘doctorable’ reason for attendance. Data consisted of video-recordings of 28 families undergoing mental health assessments. Our findings point to eight rhetorical devices utilised in this environment to build (...) a case. The devices functioned rhetorically to add credibility and authenticate the case being built, which was relevant as the only resource available to families claiming the presence of a mental health difficulty in the child was their spoken words. In other words, the ‘problem’ was something constructed through talk and therefore the kinds of resources used were seminal in decision-making. (shrink)

(1994). Hearing our cassandras: Ethical criticism and rhetorical receptions of Paul Ehrlich. Social Epistemology: Vol. 8, Public Indifference to Population Issues, pp. 281-288.