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Rhetoric and Authority

Rhetoric and Authority. Review of Rhetoric. Rhetoric – Art of persuasion Logos (Appeal to reason) Pathos (Appeal to emotions) Ethos (Appeal to authority). Evoking a person’s emotions can sometimes be as affective for gaining support as a well-reasoned argument.

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Rhetoric and Authority

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  1. Rhetoric and Authority

  2. Review of Rhetoric • Rhetoric – Art of persuasion • Logos (Appeal to reason) • Pathos (Appeal to emotions) • Ethos (Appeal to authority) Evoking a person’s emotions can sometimes be as affective for gaining support as a well-reasoned argument

  3. Deductive and Inductive Reasoning • Deductive – using principles in a particular situation to prove a truth • Inductive – Using general inferences to arrive at a truth Sherlock Holmes exemplifies Deductive Reasoning

  4. What is Considered Authoritative in Law? Students are invited to share their Thoughts?

  5. Legal Sources ubisocietasibiius • Constitutions • Statues • Regulations • Reported Cases If it comes from the Government, does that make automatically make it a Legal Source? The Novel 1984 takes that idea to its extreme.

  6. Content-Impendence Reasoning • Generally, courts do not look at whether a given law is “good” or “bad” but whether its applicable • Subjects bound by law regardless of their opinions and thoughts • Removal of individual passion and opinion from law • Aristotle “The Law is reason, free from passion” Aristotle

  7. Substance Reasoning • Also called “First-order reasoning” • Look at content of particular case • Often authority figures use Substance Reasoning, when that fails, default to Content-Independence Reasoning Reasoning that exercise makes one healthy is an example of Substance Reasoning

  8. Is Following Authority Valid?

  9. Implications to Law • Many cases’ outcomes contingent upon extent of law’s authority • When, and in what contexts, can a court overrule the law • Immoral laws?

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