In this major contribution to philosophy and rhetoric, Eugene Garver shows how Aristotle integrates logic and virtue in his great treatise, the Rhetoric. He raises and answers a central question: can there be a civic art of rhetoric, an art that forms the character of citizens? By demonstrating the importance of the Rhetoric for understanding current philosophical problems of practical reason, virtue, and character, Garver has written the first work to treat the Rhetoric as philosophy and to connect its themes with parallel problems in Aristotle's Ethics and Politics. Garver's study will help put rhetoric at the center of investigations of practice and practical reason.

Pairs passages from works of classical rhetoric with contemporary legal rulings to highlight and analyze their deep and abiding connections in matters of persuasion

Classical Rhetoric and Contemporary Law: A Critical Reader is a rich work that analyzes the interplay between ancient rhetorical traditions and modern legal practice, reestablishing the lost connections between law and classical rhetoric. From Isocrates’s Panegyricus in 380 BCE to the landmark US Supreme Court case Trump v. Hawaii in 2018, and from Antiphon’s fifth century BCE First Tetralogy to 1995’s O. J. Simpson trial, the volume draws on an array of sources to illuminate how ancient rhetorical insights may even today challenge and enrich our grasp of contemporary legal principles.

The collection opens with a brisk review of the historical development of rhetoric. The second part examines a pair of rhetorical theorists whose works frame the period across which classical rhetoric declined as a mode of thought. A contemporary appellate case contrasts with the work of Giambattista Vico, an eighteenth-century professor of rhetoric who warned of the separation of law from rhetoric. The analysis of the work of twentieth-century scholars Chaïm Perelman and Lucie Olbrects-Tyteca shows that where Cartesian rationality fails, the humanistic tradition of rhetoric allows the law to respond to the needs of justice. In the third part, ten case studies bring together a classical rhetorical theorist with a contemporary court case, demonstrating the abiding relevance of the classical tradition to contemporary jurisprudence.

With its cross-disciplinary appeal, Classical Rhetoric and Contemporary Law encompasses the work of legal, rhetorical, English, and communication scholars alike, catalyzing interactive exploration into the profound ways ancient rhetorical insights continue to shape our comprehension of today’s legal landscape.

CONTRIBUTORS
Vasileios Adamidis / Elizabeth C. Britt / Kirsten K. Davis / David A. Frank / Michael Gagarin / Eugene Garver / Mark A. Hannah / Catherine L. Langford / Brian N. Larson / Craig A. Meyer / Francis J. Mootz III / Susan E. Provenzano / Nick J. Sciullo / Kristen K. Tiscione / Laura A. Webb

 

 

What role does reason play in our lives? What role should it play? And are claims to rationality liberating or oppressive? For the Sake of Argument addresses questions such as these to consider the relationship between thought and character. Eugene Garver brings Aristotle's Rhetoric to bear on practical reasoning to show how the value of such thinking emerges when members of communities deliberate together, persuade each other, and are persuaded by each other. That is to say, when they argue.

Garver roots deliberation and persuasion in political friendship instead of a neutral, impersonal framework of justice. Through incisive readings of examples in modern legal and political history, from Brown v. Board of Education to the South African Truth and Reconciliation Commission, he demonstrates how acts of deliberation and persuasion foster friendship among individuals, leading to common action amid diversity. In an Aristotelian sense, there is a place for pathos and ethos in rational thought. Passion and character have as pivotal a role in practical reasoning as logic and language.

Spinoza’s Ethics, and its project of proving ethical truths through the geometric method, have attracted and challenged readers for more than three hundred years. In Spinoza and the Cunning of Imagination, Eugene Garver uses the imagination as a guiding thread to this work. Other readers have looked at the imagination to account for Spinoza’s understanding of politics and religion, but this is the first inquiry to see it as central to the Ethics as a whole—imagination as a quality to be cultivated, and not simply overcome.

​Spinoza initially presents imagination as an inadequate and confused way of thinking, always inferior to ideas that adequately represent things as they are. It would seem to follow that one ought to purge the mind of imaginative ideas and replace them with rational ideas as soon as possible, but as Garver shows, the Ethics don’t allow for this ultimate ethical act until one has cultivated a powerful imagination. This is, for Garver, “the cunning of imagination.” The simple plot of progress becomes, because of the imagination, a complex journey full of reversals and discoveries. For Garver, the “cunning” of the imagination resides in our ability to use imagination to rise above it.