The Logical Foundations of the Legal Rhetoric Laws

Abstract

Any science creates the laws of the studied field of knowledge. The relevant laws were created by mathematics, logic, and jurisprudence. Rhetoric is one of the ancient fields of knowledge, which acquired scientific status simultaneously with mathematics and earlier than logic and jurisprudence. The main object of rhetorical practices, in addition to political activity, has always been legal activity, in particular legal proceedings. It was judicial eloquence that made the name of rhetoric. Eloquence developed both in theory and in practice. For many centuries, rhetoric has been the leading science in the educational sphere and in the field of jurisprudence. It was impossible to become a lawyer without studying rhetoric. Due to the development of specific sciences, interest in rhetoric was lost for a long time; the previously revered discipline acquired a reputation as outdated, suitable only for misleading listeners. However, in the second half of the 20th century under the influence of radical economic and political transformations in the life of society, new requirements for speech practice were put forward. A new informational view of the world required a new ability of judgment, which became neoritoric. Neoritoric, like any science, needs its own laws, which are presented in this paper. The laws of rhetoric that apply in all spheres of its use, including in jurisprudence, are the law of the correlation of word and deed, the law of adequate description, the law of complete and finalized narration and the law of argumentative speech in natural language. All the listed laws may be violated and are violated by the user. A complete description and a complete narrative is not always possible, argumentative speech is often replaced by sophisms and paralogisms. However, similar shortcomings are inherent in other sets of laws. The proposed construction of laws is a model of the functioning and further development of rhetoric, the role of which is great in the modern world.