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Law and Rhetoric: Critical Possibilities
John Harrington1, Lucy Series1, Alexander Ruck-Keene2
1School of Law and Politics Cardiff University Cardiff CF10 3AX Wales.
Summary
Rhetoric, once central to law and politics, offers critical insights into socio-legal studies. Analyzing legal rhetoric reveals power dynamics in speech, particularly concerning mental capacity and disability rights in England and Wales.
Area of Science:
- Socio-legal Studies
- Legal Rhetoric
- Disability Law
Background:
- Rhetoric, historically integral to law and politics, is now often associated with deception.
- Radical scholars view law as rhetoric, challenging legal formalism.
- A critical perspective on rhetoric is needed, acknowledging its limitations and exclusionary practices.
Purpose of the Study:
- To explore the contribution of rhetoric to socio-legal studies.
- To critically examine the role of rhetoric in law, moving beyond simple revivalism.
- To analyze the politics of speech within legal discourse concerning vulnerable populations.
Main Methods:
- Review of developing law on mental capacity in England and Wales.
- Analysis of legal and media discourse concerning people with disabilities.
- Critical examination of rhetorical strategies and their impact on inclusion and exclusion.
Main Results:
- Legal rhetoric significantly shapes socio-legal understanding and practice.
- The law on mental capacity and disability rights in England and Wales exemplifies a politics of speech.
- Discourse analysis reveals how certain speakers are privileged while others are silenced.
Conclusions:
- Rhetoric provides a vital lens for socio-legal analysis, exposing power imbalances.
- Understanding legal rhetoric is crucial for addressing inequalities in law and policy.
- The study highlights the need for critical engagement with speech representation in judicial and media contexts.
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