RetÃrica como mÃtodo no direito: o entimema e o paradigma como bases de uma retÃrica judicial analÃtica / Rhetoric as a method in law: enthymeme and paradigm as the basis of an analytical judicial rhetoric

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The present work is founded on the discussion about the possibility of using rhetoric as a method for the process of âcreationâ and âapplicationâ of the law. The antique rhetoric of Aristotle and the analytical rhetoric of Ottmar Ballweg have been established as the basis for this research. From the first, the dissertation takes the model of a specific logic of rhetoric based on the enthymeme and the paradigm â the rhetorical deduction and induction. From the second, the division of rhetoric into different levels, such as language and metalanguage. Moreover, the text emphasizes methodological conexions between rhetoric and law, in the periods in which rhetoric had great importance for the building of judicial reasoning, as well as during times in which it was replaced by new paradigms. The inconsistencies of a judicial epistemology are also dealt with, confronted with theoretical elements of analytical rhetoric. In order to criticize the recent theories of judicial argumentation, the pyrronic skepticism is analysed as a way to conceive argumentation not as a rational method founded in universal procedural rules, but as a model of regularities based in figures of speech and styles of presentation of strategic discourses. The main objective is to identify how argumentation and rhetoric came to evolve separately around the 20th century, while argumentation, among jurists, obtained a higher status of rationality if compared to rhetoric. The function of judicial logic is also here discussed, as a way to discover or present judicial reasonings

ASSUNTO(S)

paradigma retÃrica analÃtica lÃgica jurÃdica metodologia jurÃdica direito judicial logic paradigm entimema judicial methodology enthymeme analytical rhetoric

ACESSO AO ARTIGO

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