Aristotles Definition of Rhetoric and Judicial Process

Running Head : Rhetoric (Aristotle

Aristotle 's Definition of Rhetoric and its Role in the Judicial Process

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Abstract

Rhetoric , in general , refers to eloquence in written and spoken language . The Greek philosopher Aristotle viewed rhetoric as an effective means of persuasion , particularly in the judicial process However , his contemporaries through otherwise - they believed that rhetoric is a subtle means of deceiving people by using well-spoken and or well-written words to appeal to their emotions

Aristotle 's Definition of Rhetoric and its Role

in the Judicial Process

The Greek philosopher Aristotle is considered as one of the most important influences behind the discipline of rhetoric (MSN Encarta 2008 . History 's most famous teachers of rhetoric , such as Cicero and Quintillian , based their principles primarily on Aristotelian concepts of rhetoric . However , these thinkers did not focus on analyzing and interpreting Aristotelian works and or the philosophical background of the vocabulary that Aristotle used in his rhetorical theories . As a result , the interpretation of Aristotelian rhetoric often assumed a historical perspective for more than 2 ,000 years (Rapp , 2002

The Art of Persuasion

It was only in the previous decades that the study of Aristotelian rhetoric was carried out using a philosophical approach . Consequently the original definition of Aristotelian rhetoric was rediscovered - it is a general theory of the persuasive (Rapp , 2002 . Aristotelian rhetoric is an application of Aristotle 's various concepts and arguments which he also used in his logical , ethical and psychological writings Furthermore , Aristotelian rhetoric is also about the cognitive features of language and style (Rapp , 2002

Role of Rhetoric in the Judicial Process

Aristotle believed that rhetoric was necessary for a city 's leading political institution to be able to come up with proofs that was based on ethos (the moral nature of a person , group or institution ) and pathos (an emotion of sympathetic pity . For him , it was not enough that an argument was demonstrative and persuasive - both the speaker and the judge must be prepared . The speaker must appear credible enough to be able to support his arguments , while the judge must understand that legal judgments are not entirely dependent on logical proof alone (Francisco , n .d

Ethical Speeches

Aristotle added that in any judgmental process , the usage of ethical speech (proof that is based on ethos ) is an unspoken rule . He defined a judge as a person whose decisions are derived from the ideas that are presented to him - he is , therefore , someone who has to be persuaded Furthermore , the inextricable link between persuasion and judgment applies not only in the judicial process , but in all aspects of everyday life . Hence , judgment can be explained through the broad (haplos eipein and the narrow (holos de monos estin haplos krites ) contexts . The former refers to the decisions an individual makes that involve several possibilities the latter , those that are exclusively carried out in public debates and assemblies and law courts (Francisco , n .d

Criticisms of Aristotelian Rhetoric

Critics of Aristotelian rhetoric included...