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Rhetoric and Dialectic: Some Historical and Legal Perspectives
Authors:Hanns Hohmann
Affiliation:(1) Department of Communication Studies, San José State University, 1 Washington Square, San José, CA, 95192-0112, U.S.A
Abstract:The thesis is defended that rhetoric is not, as is often said, a discipline which is hierarchically subordinate to dialectic. It is argued that the modalities of the links between rhetoric and dialectic must be seen in a somewhat different light: rhetoric and dialectic should be viewed as two complementary disciplines. On the basis of a historical survey of the views of various authors on the links between rhetoric and dialectic, it is concluded that efforts to establish clear boundaries or unequivocal conceptual or moral hierarchical relationships between the two disciplines have failed and that therefore, they must be conceived as being mutually dependent.
Keywords:dialectic  legal argumentation  legal reasoning  persuasion  rhetoric  rhetorical demonstration
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