ERIC Number: ED169569
Record Type: RIE
Publication Date: 1978-Nov
Reference Count: 0
The Role of Rhetoric in the Judicial Opinion: The Rhetoric of Boaventura De Sousa Santos.
Anapol, Malthon M.
Boaventura De Sousa Santos, a Portuguese law professor, appears to be the first legal scholar and theorist who works with rhetorical theories and who is accepted by the legal profession. Santos's major works have centered on the legal system of Pasargada, a Brazilian favela (squatter village) whose residents try to settle disputes outside the regular courts. In his writings (excerpts from which are included), Santos stresses the rhetorical aspects of law and the legal aspects of rhetoric, suggests three dimensions for the analysis of a dispute (direction, interpretation, and presentation), and discusses the areas of implicit and explicit discourse. He closely follows a classical model, and the concept of topoi--dialectical and rhetorical proofs that reason from generally accepted opinions and arguments--is central to his rhetorical system. He also considers nonverbal communication. With respect to Pasargada law, Santos develops topoi of ratification, repetition, retribution and restitution, moral justification, fairness, reasonableness, and cooperation. Santos's examination of the legal system in Pasargada has resulted in an important study in the application of rhetorical theory to real problems. As a classical rhetorician with a solid understanding of the problems of intercultural communication, Santos merits serious attention. (GT)
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers: Santos (Boaventura De Sousa)
Note: Paper presented at the Annual Meeting of the Speech Communication Association (64th, Minneapolis, Minnesota, November 1-4, 1978)