THE REALITIES OF LAW ARE THE WINNING NARRATIVES -- BASIC THESES FOR A REALISTIC AND RHETORICAL PHILOSOPHY OF LAW  

作　　者：Joao Mauricio Adeodato 

机构地区：[1]Full Professor, Vitdria's Law Faculty and Damas Law Faculty [2] Senior Researcher, CNPq, Brazil [3] Full Professor for Philosophy and Theory of Law, Law Faculty of Recife, Federal University of Pernambuco, Recife-PE, Brazil

出　　处：《Frontiers of Law in China-Selected Publications from Chinese Universities》2016年第3期453-470,共18页中国高等学校学术文摘·法学（英文版）

摘　　要：This article begins explaining the Aristotelian reduction of rhetoric to persuasion, which came to determine Western tradition until modern times. To understand Aristotle＇s methodology the author then wants to discuss the concept of enthymeme, the ＂rhetorical syllogism,＂ in Aristotle＇s own words. In order to try a realistic critique on the Aristotelian rhetoric, more adequate to a rhetoric of modern law, the author will suggest three epistemological points of departure, three theses, and the three levels of rhetoric that support them.This article begins explaining the Aristotelian reduction of rhetoric to persuasion, which came to determine Western tradition until modern times. To understand Aristotle＇s methodology the author then wants to discuss the concept of enthymeme, the ＂rhetorical syllogism,＂ in Aristotle＇s own words. In order to try a realistic critique on the Aristotelian rhetoric, more adequate to a rhetoric of modern law, the author will suggest three epistemological points of departure, three theses, and the three levels of rhetoric that support them.

关 键 词：realistic rhetoric rhetoric as a philosophical approach against ontologicalapproaches against Aristotelian rhetoricians 

分 类 号：N02[自然科学总论—科学技术哲学] H15[语言文字—汉语]