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ERIC Number: ED070122
Record Type: RIE
Publication Date: 1972-Apr
Pages: 11
Abstractor: N/A
Reference Count: 0
Communication, Law, and Justice.
Anapol, Malthon M.
The author takes the position that communication is an essential, but often overlooked component of law and justice; furthermore, some of the current problems in the area of law and justice are basically communication problems. The author traces the early development of communication and law as closely related disciplines, with emphasis on the contributions of Aristotle, Cicero, and Quintilian. He discusses the decline of both rhetoric and law during the middle ages because of church influence and the feudal society and then summarizes the two legal forms that then emerged and influence law today: the British common-law system and the European civil code system. The author discusses current attempts to revive the relationship between rhetoric and law, with particular emphasis on the writings of the Belgian scholar Chaim Perelman. He outlines methods by which concepts of justice, once determined, can be made effective in terms of communication operating on four levels of legal activity: the lawyer-client relationship, the process of negotiation, the trial situation, and the judicial opinion. He concludes that law schools in America ignore the study of communication and makes recommendations for increased emphasis on legal communication as an essential part of the training of attorneys. (RN)
Publication Type: N/A
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: N/A
Note: Paper presented at the Convention of the Central States Speech Assn. (Chicago, April 7-8, 1972)