Digital Commons Network^™

Law In The Digital Age: How Visual Communication Technologies Are Transforming The Practice, Theory, And Teaching Of Law, Richard K. Sherwin, Neal Feigenson, Christina Spiesel

ExpressO

Law today has entered the digital age. The way law is practiced – how truth and justice are represented and assessed – is increasingly dependent on what appears on electronic screens in courtrooms, law offices, government agencies, and elsewhere. Practicing lawyers know this and are rapidly adapting to the new era of digital visual rhetoric. Legal theory and education, however, have yet to catch up. This article is the first systematic effort to theorize law's transformation by new visual and multimedia technologies and to set out the changes in legal pedagogy that are needed to prepare law students for practice …

Distilling Rhetorical Information From Scholarly Biomedical Literature, Trevor Alistair Maynard

Digitized Theses

Knowledge in the field of biomedicine is booming. In order to effectively stay on the frontiers of their fields, researchers need automated tools to manage the ever increasing quantity of scholarly literature. As an aid to developing these tools, we suggest that the rhetoric found in the biomedical genre needs to be studied. This study is enabled by the availability of full text repositories such as BioMed Central and PubMed Central. To this end, this thesis proposes a model of rhetoric that captures the descriptive purpose of each sentence within a biomedical research article. This model proposes five Rhetorical Zones: …

Democracy's Handmaid, Robert L. Tsai

Scholarly Articles in Law Reviews & Journals

Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, Tsai draws from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, he presents a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this …

The Rhetoric Of Collaborative Ministry: A Perspective On Ministry Based On Augustine's Rhetorical Theory With Particular Reference To Abakaliki Diocese, Chux Cornelius Okochi

Electronic Theses and Dissertations

The concern of the Catholic Church in this century and the immediate past centuries has been how the faithful will effectively internalize and role-play the Gospel in their life. The implication of this concern for the Catholic Church is rooted in the inter-cultural and counter-cultural encounter between Christianity and any of the cultures in question, and at this point the African Culture in Abakaliki diocese. To negotiate a complexity of this magnitude, one cannot ignore its rhetorical ripples around the individual, culture, Church family and the society at large.

The Christian culture must be translated to the language the people …

The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt Ii

Michigan Journal of Race and Law

This Article discusses the Supreme Court's use of the rhetoric of White innocence in deciding racially-inflected claims of constitutional shelter. It argues that the Court's use of this rhetoric reveals its adoption of a distinctly White-centered perspective, representing a one-sided view of racial reality that distorts the Court's ability to accurately appreciate the true nature of racial reality in contemporary America. This Article examines the Court's habit of using a White-centered perspective in constitutional race cases. Specifically, it looks at the Court's use of the rhetoric of White innocence in the context of the Court's concern with protecting "innocent" Whites …

Nietzsche's Dialogic Ethic After Illusion: Rhetoric And Difference, John Prellwitz

Electronic Theses and Dissertations

What is the nature of the relationship between communication ethics and rhetoric? How may study of the interplay between dialogue as a communication ethic and ground of rhetoric contribute to greater understanding and constructive meeting of the narrative and virtue contention that characterizes the contemporary postmodern historical moment? A prominent alleged source of postmodern value contention and a neglected source for advancing the study of the interpenetration of ethics and rhetoric, Friedrich Nietzsche, as a novel hermeneutic entry to engage these questions and demarcates the fields of inquiry this study addresses.

The present work begins with meeting the contemporary historical …

'Olah: The Rhetoric Of Burnt Offerings, James W. Watts

Religion - All Scholarship

The ‘olah offering receives pride of place in most lists of sacrifices in the Hebrew Bible, including the ritual rules of Leviticus. Its prominence in these texts suggests that the writers expected its mention to have an effect on their audience. This rhetorical effect must be evaluated and understood before the references to the `olah can be used to reconstruct ancient religious practices reliably. A comparative analysis of the rhetoric about the `olah suggests that its priority burnished the image of priests as devoted selflessly to divine worship and drew attention away from their economic interests in the sacrificial system …

Democracy's Handmaid, Robert L. Tsai

Faculty Scholarship

Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, I draw from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, I present a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this …

Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree

ExpressO

The article explores the rhetorical strategies deployed in both legal and cultural narratives of Mormon polygamy in nineteenth-century America. It demonstrates how an understanding of that unique communal experience, and the narratives by which it was represented, informs the classic paradox of community and autonomy – the tension between the collective and the individual. The article concludes by using the Mormon polygamy analysis to illuminate a contemporary social situation that underscores the paradox of community and autonomy – homosexuality and the so-called culture wars over family values and the meaning of marriage.

Educating For Democracy: Reviving Rhetoric In The General Education Curriculum, David M. Stock

Theses and Dissertations

This study is, in part, a response to arguments that claim higher education fails to prepare students with fundamental communication skills necessary for everyday life and indicative of "educated" persons. Though the validity of such arguments is contestable, they nonetheless reflect fundamental inadequacies in current educational theories and practices that have evolved over centuries of curricular, cultural, and socioeconomic change. Current theories and practices in higher education, specifically general education, reflect a misunderstanding of both the purpose of education in a democracy and the role of the liberal arts, specifically rhetoric, in accomplishing that purpose. The consequences of rhetorically-impoverished general …

Reconstructing Writer Identities, Student Identities, Teacher Identities, And Gender Identities: Chinese Graduate Students In America, Peiling Zhao

USF Tampa Graduate Theses and Dissertations

The increasing presence of Chinese international graduate students in American higher education has mandated a closer examination of their multifaceted lives against stereotypes that hinder their efforts to find, transform, or assert their identities in the dominant discourses of American academia and culture.

Cross cultural studies of Chinese international students tend to reinforce stereotypes of their writer identities, learner identities, and teacher identities. Examining these various identities discloses dichotomies that read Chinese students’ traits and behaviors as handicaps and thus characterize them as “abnormal” in relation to the “normal” traits and behaviors of Chinese students’ Western counterparts. Whereas Western student …

The Rhetoric Of Newspaper Rivalry In The Face Of Image Restoration And Transformation, Andrea Ludlow Christensen

Theses and Dissertations

This thesis is a study of the rhetoric of newspaper rivalry, particularly under the pressures of image restoration and transformation. I use methods of critical discourse analysis to look at newspaper articles in Utah's two dominant newspapers, the Salt Lake Tribune and the Deseret Morning News. I compare a sample of news articles from each paper in 2002 to a sample in 2003, when the Tribune was working to restore its image after a scandal involving two of its reporters, and the News was working to transform its image as it transitioned from an afternoon newspaper to a morning newspaper. …

Building Your Argument: A Guide To Postgraduate Writing Skills, Paddy O'Toole

Shannon Research Press

Building your argument: A guide to postgraduate writing skills is aimed at helping postgraduate students learn the skills relating to their study. It outlines principles derived from study into what postgraduates are taught about academic writing, compared with what they need to know. Building your argument: A guide to postgraduate writing skills is designed to help students understand the task of completing a piece of academic writing that includes or is based on a literature review. Academic writing generally requires the writer to:

• focus the work to argue for particular conclusions;

• gather evidence to support those conclusions;

• …

Rhizome National Identity: "Scatlin's Psychic Defense' In Trainspotting, Jennifer Jeffers

English Faculty Publications

No abstract provided.

Exploring Classical And Contemporary Conception Of Ethos Applied Case-The Rhetorical Ethos Of President George W. Bush, Bobby J. Antrobus

Theses and Dissertations

By exploring classical and contemporary conceptions of rhetorical ethos, this thesis assembles theories of analysis and then applies them in the form of rhetorical analysis of the rhetorical ethos exhibited by President George W. Bush in his presidential speeches. The theoretical investigation reveals the extensive use of the ethical appeal in all manner of rhetorical situations in the contemporary world but especially focuses on how political rhetoric has come to rely predominantly on this persuasive appeal. The study examines several speeches given by President Bush and concludes that his success as president is attributed largely to the sophisticated rhetorical strategies …

Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman

Articles & Chapters

Like most kinds of writing, academic writing rarely shines, but far more often than ordinary writing scholarly prose is murky and impenetrable. This brief jeu d'esprit considers several forms of bad writing, rejecting the claim, increasingly made in academic quarters, that "difficult writing" is necessary to the scholarly enterprise. Bloated, foggy, and enigmatic prose masquerades as profundity that escapes conventional mental grooves. In fact it is useless, unethical, and taken far enough, evil.

Institutionalized On The Margins: An Organizational History Of The Preparation Of Teachers Of College Composition, Gregory A. Giberson

USF Tampa Graduate Theses and Dissertations

The preparation of new college teachers of composition has been a disciplinary topic of interest as well as an institutional concern since the establishment in the late 1800s of the modern English department. In this project, I offer a critical history of the treatment of the topic of the preparation of teachers of college composition by the three most historically significant organizations to English as a discipline and Composition as a field of study within that discipline: the Modern Language Association, the National Council of Teachers of English, and the Conference on College Composition and Communication. By analyzing the treatment …

Illuminating A Space For Women And Rhetoric, Lindsey M. Fox

Honors Theses

My overarching concerns are for the place and power of women in rhetoric and democracy. This concern developed during my study of classical rhetoric, when I noticed an obvious absence of women in rhetoric. For example, John Poulakos and Takis Poulakos state that any "ordinary person" could play a role on the political stage in Athens (34). This reference to "ordinary people" is proof that women were made invisible because, as George A. Kennedy explains, in classical Athens, democracy was only for "an assembly of all adult male citizens" (16). Male citizens, then, were actually rather extra-ordinary. Because democracy …

Rhetorical And Narrative Structures In John Hersey's Hiroshima: How They Breathe Life Into The Tale Of A Doomed City, James Richard Smart

Theses Digitization Project

The purpose of this thesis will explore rhetorical and narrative devices author John Hersey used to create Hiroshima, one of the foremost non-fictional works of the twentieth century.

Speech And Strife, Robert L. Tsai

Scholarly Articles in Law Reviews & Journals

The essay strives for a better understanding of the myths, symbols, categories of power, and images deployed by the Supreme Court to signal how we ought to think about its authority. Taking examples from free speech jurisprudence, the essay proceeds in three steps. First, Tsai argues that the First Amendment constitutes a deep source of cultural authority for the Court. As a result, linguistic and doctrinal innovation in the free speech area have been at least as bold and imaginative as that in areas like the Commerce Clause. Second, in turning to cognitive theory, he distinguishes between formal legal argumentation …

Meaning What You Say, James Boyd White

Book Chapters

In this essay I talk about a wide range of themes in the hope of establishing a connection among them: writing (including the teaching of writing) and what is at stake, for the writer and the rest of the world, in doing it well or badly; certain forces in our culture-hard to define and understandthat tend to reduce or trivialize human experience, indeed the very value of the human being; the conception of the human being, not trivial at all, that underlies our practices of self-government in general and constitutional democracy in particular; and the idea of justice at work, …

Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai

Scholarly Articles in Law Reviews & Journals

From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court's decision. At the same time, it argues that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories, but …

Fire, Metaphor, And Constitutional Myth-Making, Robert L. Tsai

Faculty Scholarship

From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court's decision. At the same time, it argues that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories, but …

Speech And Strife, Robert L. Tsai

Faculty Scholarship

The essay strives for a better understanding of the myths, symbols, categories of power, and images deployed by the Supreme Court to signal how we ought to think about its authority. Taking examples from free speech jurisprudence, the essay proceeds in three steps. First, I argue that the First Amendment constitutes a deep source of cultural authority for the Court. As a result, linguistic and doctrinal innovation in the free speech area have been at least as bold and imaginative as that in areas like the Commerce Clause. Second, in turning to cognitive theory, I distinguish between formal legal argumentation …

Implicature And Argumentation, Jon Nelsen Preacher

Theses Digitization Project

This thesis explores the role, if any, that implicature plays as a strategy in informal debate. Transcripts of spontaneous debates from television and radio public affairs talk shows were analyzed with a focus on the use of implicature as a strategic rhetorical tool employed to gain advantage in an argument.

The Knowledge And Skills Of Freshman Writers, Aram Paul Sarkisian

Theses Digitization Project

This research identifies what proficient writers know and do by the end of their freshman year in college and raises the kind of questions that improve the articulation of English instruction.

The Rhetoric Of Ritual Instruction In Leviticus 1-7, James W. Watts

Religion - All Scholarship

Formal and structural features of Leviticus 1-7 distinguish these chapters as some of the most systematic texts in the Hebrew Bible. In a collection of literature otherwise noted for its sweeping narratives and urgent sermons, these methodical instructions for the performance of five kinds of offerings, presented twice in different arrangements, have suggested to many interpreters that they preserve examples of an ancient genre of ritual instruction. However, the identification of a ritual genre in these chapters (and elsewhere in the Pentateuch) has failed to account for all the features of this material. The present form of Leviticus 1-7 can …

Island Of Tranquility: Rhetoric And Identification At Brigham Young University During The Vietnam Era, Brian D. Jackson

Theses and Dissertations

The author argues that beyond religious beliefs and conservative politics, rhetorical identification played an important role in the relative calmness of the BYU campus during the turbulent Sixties. Using Bitzer's rhetorical situation theory and Burke's identification theory, the author shows that BYU's calm campus can be explained as a result of communal identification with a conservative ethos. He also shows that apparent epistemological shortcomings of Bitzer's model can be resolved by considering the power of identification to create salience and knowledge in rhetorical situations. During the Sixties, BYU administration developed policies on physical appearance that invited students to take on …

War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah

Faculty Publications

Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …

Rethinking The Great Divide : A Rhetorical Study Of Orality, Literacy And The Human Experience, Danielle L. Joyce

Honors Theses

Our technologizing of the world has not only drastically been changing the way we live, work, and play but also the rhetoric that we employ within it to communicate with one another. "Cyberspace" and "virtual reality" have become commonplace descriptors of social forms where people do not have to live, meet, or work face-to-face in order to develop or maintain significant social relationships (Gackenbach, 227). We no longer only meet "in person" for important discussions or send hand written letters to loved-ones for reception weeks later. Instead, today, we talk into cameras attached to telephones to close multi-million dollar business …