The Impact of rhetoric on Jerome Frank's "Digestive jurisprudence"
The paper analyses the relationship between law and rhetoric and their intersection areas, particularly focusing on the significance of rhetoric in contemporary judicial proceedings. In the 20th century, the issue of the relationship between law and rhetoric (explicitly or implicitly) became relevan...
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| Format: | Article |
| Language: | English |
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University of Criminal Investigation and Police Studies, Belgrade
2024-01-01
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| Series: | NBP: Nauka, bezbednost, policija |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0354-8872/2024/0354-88722403191A.pdf |
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| _version_ | 1850058984577302528 |
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| author | Avramović Dragutin Jovanov Ilija |
| author_facet | Avramović Dragutin Jovanov Ilija |
| author_sort | Avramović Dragutin |
| collection | DOAJ |
| description | The paper analyses the relationship between law and rhetoric and their intersection areas, particularly focusing on the significance of rhetoric in contemporary judicial proceedings. In the 20th century, the issue of the relationship between law and rhetoric (explicitly or implicitly) became relevant particularly through the scientific excellence of the school of American legal realism , but more recently, it has been somewhat neglected. The authors of this paper devote particular attention to the judicial decision-making theory of Jerome Frank, a prominent legal realist. It is for his radical positions, as a fact sceptic, that he seems to have unconsciously, subtly but persistently, woven into his works the idea of the importance of rhetoric in judicial decision-making processes. The authors explore the reasons behind Frank's hesitation for most of his scientific career to give rhetoric (particularly that of Aristotle, which he quoted most) its deserved place. It was only in one of his later works that Frank attempted to build a bridge between his judicial decision-making theory (insisting on the importance of prejudices and subjectivities of a judge to the judicial decision) and rhetoric (aimed at persuading the judge, evoking his emotions, and creating the image of a particular reality in his eyes). It seems that his effort was only a partial success because, even then, he primarily focused on the methods of touching the "souls of the audience", overlooking the importance of the rhetorical means (primarily logical) that did not lend support for his theory. |
| format | Article |
| id | doaj-art-69aa70ac4bd34912bd6f0fe2dd0cf869 |
| institution | DOAJ |
| issn | 0354-8872 2620-0406 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | University of Criminal Investigation and Police Studies, Belgrade |
| record_format | Article |
| series | NBP: Nauka, bezbednost, policija |
| spelling | doaj-art-69aa70ac4bd34912bd6f0fe2dd0cf8692025-08-20T02:51:00ZengUniversity of Criminal Investigation and Police Studies, BelgradeNBP: Nauka, bezbednost, policija0354-88722620-04062024-01-0129319120110.5937/nabepo29-515820354-88722403191AThe Impact of rhetoric on Jerome Frank's "Digestive jurisprudence"Avramović Dragutin0https://orcid.org/0000-0003-3383-4346Jovanov Ilija1https://orcid.org/0000-0002-1582-7102University of Novi Sad, Faculty of Law, Novi Sad, SerbiaUniversity of Novi Sad, Faculty of Law, Novi Sad, SerbiaThe paper analyses the relationship between law and rhetoric and their intersection areas, particularly focusing on the significance of rhetoric in contemporary judicial proceedings. In the 20th century, the issue of the relationship between law and rhetoric (explicitly or implicitly) became relevant particularly through the scientific excellence of the school of American legal realism , but more recently, it has been somewhat neglected. The authors of this paper devote particular attention to the judicial decision-making theory of Jerome Frank, a prominent legal realist. It is for his radical positions, as a fact sceptic, that he seems to have unconsciously, subtly but persistently, woven into his works the idea of the importance of rhetoric in judicial decision-making processes. The authors explore the reasons behind Frank's hesitation for most of his scientific career to give rhetoric (particularly that of Aristotle, which he quoted most) its deserved place. It was only in one of his later works that Frank attempted to build a bridge between his judicial decision-making theory (insisting on the importance of prejudices and subjectivities of a judge to the judicial decision) and rhetoric (aimed at persuading the judge, evoking his emotions, and creating the image of a particular reality in his eyes). It seems that his effort was only a partial success because, even then, he primarily focused on the methods of touching the "souls of the audience", overlooking the importance of the rhetorical means (primarily logical) that did not lend support for his theory.https://scindeks-clanci.ceon.rs/data/pdf/0354-8872/2024/0354-88722403191A.pdfjerome frankdigestive jurisprudencerhetoricaristotle |
| spellingShingle | Avramović Dragutin Jovanov Ilija The Impact of rhetoric on Jerome Frank's "Digestive jurisprudence" NBP: Nauka, bezbednost, policija jerome frank digestive jurisprudence rhetoric aristotle |
| title | The Impact of rhetoric on Jerome Frank's "Digestive jurisprudence" |
| title_full | The Impact of rhetoric on Jerome Frank's "Digestive jurisprudence" |
| title_fullStr | The Impact of rhetoric on Jerome Frank's "Digestive jurisprudence" |
| title_full_unstemmed | The Impact of rhetoric on Jerome Frank's "Digestive jurisprudence" |
| title_short | The Impact of rhetoric on Jerome Frank's "Digestive jurisprudence" |
| title_sort | impact of rhetoric on jerome frank s digestive jurisprudence |
| topic | jerome frank digestive jurisprudence rhetoric aristotle |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0354-8872/2024/0354-88722403191A.pdf |
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