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Part 20 claim

Subject: Law

A claim other than a claim by the claimant against the defendant. It includes (1) a counterclaim by the defendant against the claimant; (2) a counterclaim by the defendant against a third ...

Stasis

Stasis   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
2,622 words

...in earlier writers. Hermagoras's basic scheme, so far as it can be reconstructed from a variety of sources, focused primarily on controversies arising from the conflict of accusation or claim and defense in court cases. The prosecutor's or plaintiff's assertion (Gk. kataphasis ; Lat. affirmatio or intentio ) would identify the basis for the charge or claim (Gk. aition ; Lat. litis causativum or ratio ). If this was answered by the defendant's denial (Gk. apophasis ; Lat. negatio or depulsio ), based on the grounds for this response (Gk. ...

Feminist rhetoric

Feminist rhetoric   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
5,632 words

...Woman (Boston, 1838 ), which defends the right of women to public advocacy on moral issues. Grimké's letters refuted theological arguments silencing women by arguing that women's advocacy is part of the prophetic tradition of the Bible; she also argued that gender norms were socially constructed and contrary to the teachings of Jesus. She carefully limited her claims to argue for moral, not physical, equality and contended that women who acted publicly for moral causes would become better wives and mothers than those who remained at home. As Grimké's letters...

Art

Art   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
3,767 words

...rhetorical model itself. In offering that listing of constituent elements, Alberti clearly did not consider it a problem that, depending on whether you adopt the painter's or the art theorist's perspective, the upward move from “plane” to “part” (in the sense of “part of the represented body”) or the downward move from “part” to “plane,” involves a categorial shift from the signifier to the signified or vice versa. A similar shift occurred with the upward move from historia to pictura or the downward one from pictura to historia . The rhetorical series,...

Politics

Politics   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
13,279 words

... 1991 U.S. Senate confirmation hearings for Associate Justice of the Supreme Court Clarence Thomas, who was appointed by President George Bush . Anita Hill , formerly employed by a government department headed by Thomas , claimed that he had sexually harassed her. She initially made the charges in a closed-door session that was not part of the public hearings; however, one of the senators leaked Hill's story to the news media. In response to intense public interest stimulated by the leak, the Senate interviewed Hill in live televised hearings, and it...

Contingency and Probability

Contingency and Probability   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
10,817 words

...the tripartite scheme, the text moves swiftly into the pragmatics of oratory. Aristotle appears to be functioning in a different key from Plato. His initial claim that “it is possible to inquire the reason why some speakers succeed through practice and others spontaneously” and “that such an inquiry is a function of the art” (1354. 10), and his fourfold statement about the usefulness of rhetoric (1355a.20–1355b.5), pretty much ignore Plato's threefold critique about appearance, opinion, and linguistic opportunism. However, if we foreground the contingency...

Arrangement

Arrangement   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
7,188 words

... 61 (1975), pp. 406–415. Makes the case that in novel rhetorical situations, rhetors draw on earlier genres used in similar situations. Jamieson, Kathleen . Eloquence in an Electronic Age . New York, 1988. Claims that informal conversational structure has replaced formal argument in televised political exchanges. Landow, George P. Hypertext 2.0: The Convergence of Contemporary Critical Theory and Technology . 2d ed. Baltimore, 1977. Argues that the linear arrangement of individual literary texts will be replaced by continuous webs of text. Larsen,...

Reception theory

Reception theory   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
3,991 words

...different stance. Robert Weimann and Manfred Naumann were not so interested in the reading process outlined by Iser and Stierle as they were in the literary historiography developed by Jauss. Their objections to his theory were threefold. First, they complained of one-sidedness, claiming that reception theory had gone too far in emphasizing the response to a work of art. While they admitted that reception is an important aspect—and one that had perhaps been downplayed somewhat in the Marxist tradition—Jauss and his colleagues, in positing reception as the sole...

Kairos

Kairos   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
3,001 words

...what presses the rhetor forward to speak but also what constitutes the value of speech. Second, kairos is figured temporally and tied to a Pythagorean conception of the universe modeled on the number seven, the number of Opportunity (Aristotle, Metaphysics 985b.30; 990a.20; 1078b.20). According to Rostagni ( 1922 ) and Untersteiner ( 1954 ), this worldview converges in Gorgias, the fifth-century bce rhetorician who possibly wrote a treatise entitled On the Right Moment in Time . As a master word, kairos is both the context and the guide for the...

Orality and literacy

Orality and literacy   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
4,205 words

...the Preface of 1960 was Harry Levin , who at the time figured as the doyen of the new field of comparative literature—and who had actually taken part in Lord's thesis defense (Mitchell and Nagy, 2000 , p. xvii). Despite this stance of Parry and Lord, it has been claimed—many times and in many ways—that the Parry–Lord theory is founded on a hard-and-fast distinction between orality and literacy. These claims stem from unfamiliarity with the ethnographic dimension of Parry's and Lord's work, and, more generally, from ignorance about the observable mechanics...

African-American rhetoric

African-American rhetoric   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
9,882 words

...American transcendentalism, as well as the clinical concept of “split personality” that had become part of both the technical and the popular discourse of the discipline of psychology. Ralph Waldo Emerson's figurative use of the term expressed the long-standing tension between the real and the ideal selves, and the conflict between the spiritual strivings of the individual and the pragmatic demands of society. In addition to the Emersonian influence, Bruce claims that Du Bois was also influenced by the psychological theories of the time, within which the term...

History

History   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
7,099 words

...expressed in antiquity and which then resurfaced in the nineteenth century, have argued that Herodotus's claims are not borne out—or are even disproved—by modern evidence; rather, they are simply literary strategies of a traditional type. If these arguments are correct (and they are fiercely disputed by more traditionalist scholars), it seems unsatisfactory to conclude that Herodotus intended to practice large-scale deception upon his readers, claiming to represent as historically true matters that he knew were not true at all. More plausible is the view that...

Controversia and Suasoria

Controversia and Suasoria   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
2,407 words

.... Aristotle's query about obeying a father became hackneyed (Seneca 2.1.20 and Declamationes minores 257; Aulus Gellius , second century ce , connects this thesis to philosophical schools; cf. Musonius Rufus 16). The formal relationship is more interesting than the ancient theorists allow, driven as they were by a desire to isolate a single defining difference, for the ethical thesis turns on a paradox (should a father counseling evil be obeyed?), where competing ethical claims collide. At the heart of the suasoria is a similar paradox of definition...

Credibility

Credibility   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
2,660 words

...to convince the audience that the account presented is credible ( Cicero De inventione 1.57). Achieving credibility ranks lower than proving that something is necessary, but is superior to establishing a course of events that is merely not at odds with (“ non repugnans ”) the claims made (Quintilian 5.8.6; cf. Lausberg, 1998 , p. 370). In the proof, an orator addresses issues of likelihood, which had been an important aspect in Greek rhetoric. He will raise the question whether it is credible that a father was killed by his son (Quintilian 5.10.19). An...

Epideictic genre

Epideictic genre   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
4,507 words

...themselves” (273e5). In the Protagoras , the Sophist from Abdera presents his advertisement ( epangelma ) as a claim to be able to teach political skill, namely the art that makes men good citizens (319a4–7). According to Aristotle's Rhetoric (1402a23–25), Protagoras's advertisement consists in the promise of being able to make the weaker argument stronger. The characterization of epideixis as a useless genre aimed at pleasure may be in large part due to the Sophists themselves, the professional teachers, who by and large come from outside of the city-state...

Speech

Speech   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
3,110 words

...variables at any one time can never give an accurate picture of any part of the communication process. While both of these schools of thought had their limitations and their critics, their viewpoints evolved continuously, and both arguments still exist today in one form or another. Another problem that the Midwestern School presaged lay in the inescapable truth that all other disciplines at times transmit their subject matter in either an oral or a written fashion. Therefore, many have claimed as their own some parts of the field of rhetoric, borrowing from...

Hermeneutics

Hermeneutics   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
6,582 words

...body of knowledge and the tacit agreement on standards for hermeneutic competence. The presentation of one's understanding is an integral part of the art in question” (p. 12). Indeed, the art of understanding, dedicated as it is to advancing the hermeneutic competence of those interested in being part of its scholarly enterprise, must itself employ the practice of rhetoric to disclose clearly and to justify any truth claim regarding the authorial intentions of a given text. “Convincing and persuading,” writes Hans-Georg Gadamer ( Philosophical Hermeneutics ...

Trivium

Trivium   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
4,422 words

...of the teachers of rhetoric. Thus, while grammar is seen here as preparatory to rhetoric, it also shares considerable territory with the “higher” language art of rhetoric. Of course, such overlapping between the two arts was a problem only for Roman schools, where rhetoric claimed distinction as foremost among the sciences (cf. Cicero, De oratore 1.4, and Quintilian 1. Pr. 17–18). In fact, in the medieval schools, in the period when rhetoric had lost its social and political application and thus much of its prestige, the overlapping of the spheres of...

Homiletics

Homiletics   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
2,354 words

...use the strategies of mass communication in order to inspire awakenings, conversions, and rebirths. But preaching poses the additional challenge of discerning the true source of this emotional response: comfort at hearing the Gospel and terror at hearing the Law can be claimed as evidence either of spiritual regeneration or of spiritual lethargy, depending on how one views the process or event of salvation. Ultimately, homiletics, like other rhetorical arts, requires the management of doubt, especially doubt about the burning question: “What shall I do...

Ēthos

Ēthos   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
10,506 words

...and the outside world meet here in the sign . (p. 26) Like the “subjective psyche” that it seeks to represent, ēthos exists “somewhere between the organism and the outside world,” this “somewhere between” being none other than a discourse whose language is in part one's own but in equal part the construction of one's history and culture. Evidently, a postcapitalist, post-Cartesian ēthos must rest upon a different “ideology of the human” than one premised upon a unified ego consciousness whose distinguishing qualities are self-presence and...

Memory

Memory   Reference library

Encyclopedia of Rhetoric

Reference type:
Subject Reference
Current Version:
2006
Subject:
Language reference, Linguistics
Length:
8,288 words

...grouped under the single part of oratory called memory. With so many tasks to fulfill, nothing could fully compensate an orator for an inadequate memory; it was, as some writers called it, “the treasure house of eloquence.” Ancient orators and statesmen are credited with astonishing feats of memory. There are credible accounts that Hortensius, Cicero's elder rival, could recall at will not only all his own words during a case, but also everything his adversaries had said. Seneca the Elder ( c.55 bce –c.39 ce ) claimed that he could repeat two...

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