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Full-Text Articles in Legal History

Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii Jan 2008

Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

This paper was presented on October 14, 2008 as part of a panel addressing "The Influence of Perelman in Legal Philosophy" at a conference hosted by the Perelman Center for the Philosophy of Law, Free University of Brussels.

I argue that Perelman's philosophy is connected with legal practice, but that he never made the connections between his philosophy and legal education explicit. I refer to the work of Isocrates and Vico, and conclude that Perelman's philosophy can teach us much about contemporary legal education as we strive to address the questions raised by the Carnegie Report.


Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii Jan 2008

Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii

Scholarly Works

This paper was presented on October 14, 2008 as part of a panel addressing "The Influence of Perelman in Legal Philosophy" at a conference hosted by the Perelman Center for the Philosophy of Law, Free University of Brussels.

I argue that Perelman's philosophy is connected with legal practice, but that he never made the connections between his philosophy and legal education explicit. I refer to the work of Isocrates and Vico, and conclude that Perelman's philosophy can teach us much about contemporary legal education as we strive to address the questions raised by the Carnegie Report.


The Irrelevance Of Contemporary Academic Philosophy For Law: Recovering The Rhetorical Tradition, Francis J. Mootz Iii Jan 2008

The Irrelevance Of Contemporary Academic Philosophy For Law: Recovering The Rhetorical Tradition, Francis J. Mootz Iii

Scholarly Works

This short paper appears in a volume of original essays, On Philosophy in American Law (Francis J. Mootz III ed., Cambridge Univ. Press 2009). I argue that the undeniable rift between philosophy and law is more than a simple dichotomy of theory and practice. Instead, the sharp distinction between philosophy and law occurred when both disciplines built insular guilds that employed distinctive vocabularies to distinguish themselves from rhetoric, and it is by returning to their roots in rhetoric that philosophy and law might find their common ground in the elucidation of rhetorical knowledge.