Lawyer rhetoric. Professional rhetoric of a lawyer as an academic discipline: subject, method, goals, objectives

Rhetoric as a science.

Rhetoric is the science of persuading a predominantly linguistic impact on an audience, taking into account the characteristics of this audience and in order to achieve the desired effect. Correlation between the concepts of "rhetoric", "oratory", "eloquence", "skill public speaking“... The genesis of the definition of rhetoric, associated with the historical change in its tasks. Definition of the subject of rhetoric. The ambiguity of the term "rhetoric": applied (practical) rhetoric as a system of methods for organizing effective communication and as oratory; theoretical rhetoric as a theory of speech discourse (text) and tools for text analysis; philosophical rhetoric as a science of methods of persuasion, mainly linguistic influence on the audience, taking into account the characteristics of this audience and in order to achieve the desired effect. Traditional (classical) rhetoric and its subject. Classical rhetoric, classical philosophy, classical science (physics): ignorance of the "idea of ​​uncertainty". Agonal (influencing) rhetoric; rhetoric as a general theory of argumentation; rhetoric as propaganda of science and philosophy; pedagogical rhetoric as a teaching method; rhetoric as a theory of the text. A modern approach to defining the subject of rhetoric. The concept of rhetorical communication. The structure of the rhetorical situation: information impact (influence), argumentation, competence and motivation of communicants (speaker and audience). Rhetoric as the science of topics, or "common places" (competence-based approach). Rhetoric as a science of methods of persuasion (argumentative approach). Characteristics of the main trends in the history of rhetoric. The significance and necessity of these areas is great: theoretical - for the development of science itself, dogmatic - for the possibility of poetic and artistic transmission of material.

Legal rhetoric as an academic discipline and private rhetoric.

In the modern sense, rhetoric is the science of the art of public speaking. The word "rhetoric" means "oratory". Thus, rhetoric is the science of oratory, the skill of public speaking in front of an audience.

Legal rhetoric is a set of knowledge, skills and abilities of a lawyer in preparing and delivering a court speech, as well as using rhetorical knowledge during conversations and advising clients and participating in negotiations.

Cicero, and after him many other researchers, note the similarity of oratory and poetic art. Purity, clarity, accuracy and the ultimate information content of the language, the need for natural inclinations and great diligence make the orator and the poet related. In both cases art is enriched by scientific knowledge of itself. The practice of communication determines the art of communication and together with it constitutes the subject of rhetoric as a scientific theory of human communicative activity. The remarks of the ancient authors on this subject acquire a quite definite meaning, which goes far beyond their definitions and observations, if we consider them in the context of the modern theory of rhetoric.

The last conclusion is based on comparison and is not flawless from the point of view of formal logic. A comparison of oratory and poetry only helped to define the subject of rhetoric in the context of a general discussion about the views of ancient authors on the relationship between science and the art of eloquence. The course of the author's thought remained, as it were, "behind the scenes" in the sphere of figurative, intuitive, irrational, but at the same time quite understandable knowledge. The very sequence of thought, its development and wording is convincing.

The study of legal rhetoric cannot consist only in the analysis of texts of speeches and court decisions - the most striking and well-studied side of legal rhetoric. A less noticeable, but the most voluminous part of the subject of this discipline is concentrated in the process of preparing and forming convictions, formalizing the evaluative characteristics of the actual content of the case for subsequent convincing presentation in a speech or a court decision.

That's why legal rhetoric it is primarily the methodology of the study of the case, and only then the art of judicial speech.

Legal rhetoric, closely related to the branches of law and philology, is in fact the most important of the applied sections of scientific rhetoric. It depends entirely on the subject and methodology of this systematic discipline. Specifically philological or specifically legal approaches to the study of legal rhetoric are legitimate only if they are consistent with the rhetorical method of research that is necessarily applicable to the subject of persuasion in any humanitarian field. It is this method that will form the basis of the methodology of the present study.

Thus, legal rhetoric as a scientific discipline studies the whole range of problems associated with analytical preparation and convincing presentation of evaluative conclusions about legally significant facts in the process of studying them and making decisions of a legal nature. The subject of legal rhetoric is persuasion in the legal sphere of communication. The scientific methodology of this applied discipline is closely interconnected with the methodology of law as a branch of knowledge, with the general methodology of the humanities, but is based on a rhetorical research method, which implies the interdependence of the research processes and the presentation of its results based on persuasiveness as a criterion of truth.

Private rhetoric considers features certain types speech communication in connection with the conditions of communication, the functions of speech and areas of human activity. In modern rhetoric, the term "general rhetoric" also has a second meaning - one of the directions of the new rhetoric. Nowadays, one can distinguish as many private rhetorics as there are spheres of communication, functional varieties of language, and in some cases even smaller functional divisions (for example, rhetoric television speech is a subsection of journalistic rhetoric). The dominant types of verbal communication have the greatest impact on public consciousness in each era. Therefore, the rhetorical disciplines that study them attract the greatest interest. Currently, it is the rhetoric of the media, political and business (commercial) rhetoric

rhetoric legal eloquence

The construction of a rule of law state in our country, the formation of civil society have significantly increased the role of law. Today it is difficult to find a sphere of social life that could do without lawyers. They work in the legislative, executive and judicial authorities, in the prosecutor's office and the legal profession. Legal departments and bureaus have been set up at enterprises, socio-cultural, research and educational institutions, commercial structures and public associations, and full-time positions of lawyers have been introduced. Legal specialists are used in control and inspection bodies (trade, finance, etc.), are actively involved in the work of various commissions under state and municipal government bodies. Lawyers chair committees on legislation and other committees of legislative (representative) bodies.

Legal work is a very complex and multifaceted activity. Its content is determined by the need, on the one hand, to protect the rights of citizens enshrined in the Constitution, and on the other hand, to ensure strict observance by each person of legal norms, a resolute fight against crime, with any form of antisocial behavior and illegal actions.

Depending on the content, the main types are distinguished legal work: justice; prosecutor supervision; rendering legal assistance citizens and organizations (advocacy); performance of notarial acts; legal work in state bodies, enterprises, institutions and organizations. The listed types of legal work also correspond to legal specialties: investigator, prosecutor, judge, lawyer, notary, legal adviser.

Considering the professional functions of lawyers, the well-known jurist S.S. Alekseev singled out the main ones. First of all, this conducting legal affairs. Legal cases are life situations that act as separate, independent subjects of legal consideration. These include crimes, civil disputes, conflicts arising from violations of labor laws, and all other cases that are considered and resolved in accordance with the rule of law.

The conduct of legal cases requires the performance of actions of legal significance (summoning a witness, bringing charges, issuing a judgment, making a protest, etc.). Often this work is denoted by the word "production".

To professional activity lawyers is drafting legal documents, in which legally significant actions are expressed and fixed, as well as oral presentations in the competent authorities, for example, in court, arbitration, in which they formulate and justify legal requirements, statements, petitions arising in the course of consideration of the case.

It is also of great importance counseling, i.e., advice, clarification, recommendations, etc. It may relate to issues that do not form any independent legal cases. In the activities of judges, prosecutors, lawyers, employees of the legal service, counseling often occupies an independent, very significant place. Thus, concludes S. S. Alekseev, a lawyer in the process of exercising his professional functions both “speaks”, and “writes”, and “advises”.

All professional activities of a lawyer are closely connected with people, are realized in the process of interpersonal communications, and belong to the “man-man” system. For example, an investigator, when establishing circumstances that are essential for the correct resolution of a criminal case, must be able to obtain reliable information from people that interests him.

The prosecutor, empowered to oversee the implementation of laws, constantly interacts with heads and representatives of ministries and departments, executive bodies of the subjects of the Kyrgyz Republic, local governments, administrative bodies, commercial and non-profit organizations, public associations, receives citizens with applications, complaints, etc.

The prosecutor takes part in court sessions. He gives a conclusion on the arising during judicial trial questions; expresses to the court his views on the application of a measure of criminal punishment; sues: supports state prosecution in criminal cases before the court; protests illegal decisions, sentences, rulings and rulings of the court, illegal actions of a bailiff, etc. Prosecutors conduct legal propaganda, speak at meetings of citizens, in labor collectives.

Important functions in the administration of justice are performed by a judge of courts of general jurisdiction. He presides over administrative and judicial sessions when considering civil, administrative, criminal and other cases, as well as when considering complaints about unlawful actions of state authorities and officials that infringe on the rights of citizens. The judge single-handedly considers a number of cases of administrative offenses (disobedience to a police officer, a serviceman in the performance of their duties to protect public order, petty hooliganism, etc.). All this requires endurance, self-control, a good knowledge of the psychology of people, the ability to communicate with them.

The task of a lawyer is to provide legal assistance to citizens and organizations. He gives advice and explanations on legal issues, oral and written information on legislation; helps to draw up applications, complaints and other documents of a legal nature; represents in the court of general jurisdiction, arbitration court and other state bodies in civil, labor cases, economic disputes, cases of administrative violations. The lawyer plays an important role in the activities of the preliminary investigation bodies. He acts in court as a defender, representative of the victim, civil plaintiff or civil defendant. Establishing friendly relations with the client, winning his trust is the professional duty of a lawyer.

Notaries also constantly communicate with citizens, whose task is to give legal force to contracts and documents, to ensure the protection of the rights and legitimate interests of individuals and legal entities. The notary certifies transactions, issues certificates of ownership of a share in the common property of the spouses; testifies to the accuracy of copies of documents and extracts from them, the authenticity of the signature on the documents; transfers applications of individuals and legal entities to other individuals and legal entities; presents checks for payment and certifies non-payment of checks; issues a certificate of the right to inheritance and takes measures to protect the inheritance property, etc. Guided by laws and other regulations, the notary must help the client find the most appropriate solution to his problem.

An important place is occupied by interpersonal communications in the work of a legal adviser, an employee of the legal service of state authorities, enterprises (concerns, associations), socio-cultural institutions, organizations. The legal adviser is entrusted with control over the legality of orders and instructions issued by the management of the organization; issuance of opinions on legal issues; preparation of legal documents, participation in the preparation of draft contracts and agreements concluded with other organizations; informing members of labor collectives about the current legislation and providing them with legal assistance; conduct in courts of general jurisdiction and arbitration courts cases in which the body, enterprise, institution, organization act as a plaintiff or defendant; filing claims for the supply of low-quality products, incomplete equipment, etc. When resolving these issues, the legal adviser has to work with the heads of the relevant bodies and organizations to which he is directly subordinate; with members of the labor collective; with representatives of higher organizations, ministries and departments; with employees of partner enterprises and competing enterprises, etc. In connection with the transition to market relations, the development of contractual obligations between the participants in these relations, the public relations of the legal adviser are significantly expanding.

A large communicative burden lies with lawyers working in the internal affairs bodies. These include investigators, employees of operational-search services, employees of administrative services. Employees of services and divisions of internal affairs bodies, along with law enforcement activities, perform managerial functions, functions of managing divisions, apparatuses and services, and carry out legal education of the population.

Thus, a lawyer, by the nature of his activity, has to not only operate with the law, but also explain, explain, prove, convince and convince. Therefore, he must be a "professional communicator", that is, be able to actively use special methods of influencing people, allowing him to achieve a communicative goal with less time and energy losses. The higher the level of interpersonal communication of a lawyer, the more effectively he solves many professional problems.

At first glance, it seems that the content of the concept of "communication" is clear to everyone and does not require special explanation. Meanwhile, communication is a very complex process of interaction between people. As a prominent specialist in the field of psycholinguistics A. A. Leontiev rightly notes, in modern science about communication exists great amount inconsistent definitions of this concept. This is due to the polysystemic and multifaceted nature of the phenomenon itself. The problems of communication are dealt with by representatives of different sciences - philosophers, psychologists, linguists, sociologists, culturologists, etc. Each of them considers communication from the standpoint of his science, highlights specific aspects to study and formulate the definition accordingly.

Literature1. Vvedenskaya, L. A., Pavlova, L. G. Rhetoric
for lawyers [Text]: study guide / L.
A. Vvedenskaya, L. G. Pavlova. – Rostov n/a:
Phoenix, 2006. - 576 p.
2. Porubov, N. I. Rhetoric [Text]: educational
allowance / N. I. Porubov. - Mn. : High School,
2004. - 352 p.
A. M. Tenekova
3

Literature

Literature

1. Rhetoric: definition of the concept.

1. Rhetoric: definition of the concept.

2. Stages of formation of rhetoric.

2. Stages of formation of rhetoric.

2. Stages of formation of rhetoric.

2. Stages of formation of rhetoric.

3. Subject, tasks, course system.

3. Subject, tasks, course system.

3. Subject, tasks, course system.

3. Subject, tasks, course system.

3. Subject, tasks, course system.

3. Subject, tasks, course system.

3. Subject, tasks, course system.

3. Subject, tasks, course system.

3. Subject, tasks, course system.

4. General characteristics of judicial eloquence.

In the Dictionary of the Russian Language, rhetoric is defined as follows:

1. Theory of eloquence, the science of oratory.

2. Excessive elation of presentation, pomposity.

3. In the old days: the name of the junior class of the seminary.

Rhetoric (retorike - a word of Greek origin) is the science of the art of public speaking.

Rhetoric is the science and art of persuasive and effective speech in various business communication situations. The object of study of this discipline are oral and written texts, such as a report at a meeting, negotiations, public speeches in litigation, etc. This academic discipline is designed to teach how, with the help of speech, you can effectively influence the audience.

As a subject, rhetoric developed earlier than other philological disciplines. Grammar, poetics, literary history, and stylistics arose later than rhetoric and developed for a long time as preparatory subjects for the study of rhetoric.

The peculiarity of rhetoric as an academic subject lies in the fact that it is taught in the form of certain provisions, rules. These rules are not mandatory prescriptions, they only summarize the experience of well-known speakers, indicating the difficulties that everyone who prepares for public speaking meets.

The term "rhetoric" is ambiguous. Of its most common meanings, it is necessary to single out: "eloquence", "oratory".

Eloquence is the ability to speak interestingly, well, logically. In other words, to speak eloquently, that is, beautifully.

The expression oratory has several meanings. Oratory refers to high degree public speaking skills, qualitative characteristics public speaking, skillful possession of a living persuasive word. It is the art of constructing and delivering a public speech in order to have the desired impact on the audience. A similar definition of oratory was adopted in ancient times. For example, Aristotle defined rhetoric as "the ability to find possible ways of persuading about any given subject." This tradition was also continued in Russian rhetorical science, for example, in the works of M. V. Lomonosov.

Oratory is also called the historically established science of eloquence and an academic discipline that sets out the basics of oratory.

Many modern researchers consider oratory as one of the specific types of human activity, which everyone who, by the nature of his activity, is connected with the spoken word, must master.

As an academic discipline, legal rhetoric aims to form the linguistic personality of a lawyer and involves a special (legal) education, as well as the basics of linguistic knowledge, a conscious worldview, possession of the subject of argumentation and the use of appropriate speech techniques.

Legal rhetoric as a science is the science of oratory, applicable in the communicative activities of lawyers. Legal rhetoric should be understood as a set of knowledge for preparing a lawyer to pronounce public judicial rhetoric in accordance with the requirements of procedural law, as the ability to build an objectively reasoned reasoning that forms scientific and legal convictions; as the ability to influence the legal consciousness of people.

The main goal of studying rhetoric is practical - mastering the art of a persuasive word. The art of the word is the most necessary, but also the most difficult of all the arts, so mastering it requires serious work and thorough preparation.

Relationship of rhetoric with other sciences. Rhetoric is associated with the following sciences: philosophy, logic, psychology, pedagogy, ethics, aesthetics and linguistic sciences.

Rhetoric is based on the main categories, which can be represented by two schemes:

Quintilian's Diagram: Invention, Arrangement, Execution.

This scheme is a technique for preparing oral speech and its pronunciation. This scheme is indifferent to the content of speech.

Aristotle's scheme: Ethos, pathos, logos.

Reality is touched upon, speech turns into a process of social life.

Under the ethos, the ancient tradition understands the conditions and agreements on the basis of which reality is allowed to the rhetorician. These conditions are offered by the recipient of the speech to the creator of the speech. These conditions concern time, action, terms, foresight of speech, rate of speech.

Paphos is understood as the idea of ​​speech, that is, pathos involves the introduction of novelty into speech, that is, what speech is built for.

Under the logos is understood the verbal content of speech, that is, the embodiment of ideas in the word, that is, emotions.

structure of rhetoric. Rhetoric is divided into general and particular.

General rhetoric is sometimes used as a synonym for "neorhetoric". In general rhetoric, a system of rules for the formation of speech has been developed.

Private rhetoric has as its main content, first of all, the classification of genera and types of prose works. In each individual case, the authors of various manuals propose rules for the organization (construction) of statements in accordance with general requirements"art of speech". It should be emphasized that private rhetoric has different names: “applied”, “special”, “short”, etc. Each of the private rhetoric has its own characteristics, advantages and disadvantages. A number of provisions and recommendations given by the authors of the manuals are undoubtedly outdated, but there are many such provisions and formulation tasks that are of theoretical and practical interest to this day.

Russian private methods were distinguished as independent, based on the goals and objectives of communication, the social group in which communication took place.

It was the conditions of communication that determined the speech genres assigned to a certain type of eloquence in private rhetoric. For example, for academic eloquence, these are, first of all, such genres as a lecture, speeches delivered at solemn meetings.

Of particular note is the most developed legal eloquence in Russia, focused on the oral form, and a number of recommendations of that time still have not lost their relevance for teaching any professional oral speech.

Judicial eloquence in Russia reached its peak, as is known, in the second half of the nineteenth century, the prerequisite for the development of which was the judicial reform of 1864, which made trial vowel, a kind of perfection of the prosecution and defense. Correctly, logically, evidence-based speech of the prosecution and defense could often serve as the basis for a particular verdict.

Judicial speeches by such well-known court speakers as K.K. Arsenyeva, N.P. Karabchevsky, F.N. Plevako, N.F. Koni, P.S. Porohovshchikov, being models for lawyers, at the same time serve as exemplary texts, on the basis of which not only future lawyers, but also future specialists in other fields of knowledge, whose professional activity requires the ability to create speeches for public speaking, learn reasoning, logic, evidence.

In legal rhetoric, the main emphasis is on knowledge of legal norms, the ability to correctly, stylistically correctly build speech, select words and phrases that more closely correspond to the goals of judicial polemics also plays an important role. Ignoring the linguistic aspect negatively affects the image of a court speaker, leads to errors in the issuance of a court decision, distorts the meaning and idea of ​​an intellectual dispute, and reduces the level of justice culture in general.

More on the topic Question 1. Concept, subject and method of legal rhetoric.:

1. 1. Correlation, interconnections and unity of the subject and method of legal knowledge
2. 1. The subject and method of the general theory of law and the state as a general scientific legal discipline
3. § 3. The concept, subject and method of civil procedural law
4. 1.2. The concept of civil procedural law. Subject, method and system
5. § 1. Budget law: concept, subject and methods of regulation

- Codes of the Russian Federation - Legal encyclopedias - Copyright law - Advocacy - Administrative law - Administrative law (abstracts) - Arbitration process - Banking law - Budgetary law - Currency law - Civil procedure - Civil law - Contract law - Housing law - Housing issues - Land law - Suffrage law - Information law - Enforcement proceedings - History of state and law - History of political and legal doctrines - Commercial law - Constitutional law of foreign countries - Constitutional law of the Russian Federation -

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

Posted on http://www.allbest.ru/

KYRGYZ-RUSSIAN SLAVIC UNIVERSITY

Faculty of Law

TEST

Subject: Legal rhetoric

Completed by: 6th year student

gr. Yu-5,5-2-10 Barakbaeva K.

Checked by: Esenbaev N.B.

Bishkek - 2016

1. Why a lawyer needs rhetoric

rhetoric legal eloquence

The construction of a rule of law state in our country, the formation of civil society have significantly increased the role of law. Today it is difficult to find a sphere of social life that could do without lawyers. They work in the legislative, executive and judicial authorities, in the prosecutor's office and the legal profession. Legal departments and bureaus have been set up at enterprises, socio-cultural, research and educational institutions, commercial structures and public associations, and full-time positions of lawyers have been introduced. Legal specialists are used in control and inspection bodies (trade, finance, etc.), are actively involved in the work of various commissions under state and municipal government bodies. Lawyers chair committees on legislation and other committees of legislative (representative) bodies.

Legal work is a very complex and multifaceted activity. Its content is determined by the need, on the one hand, to protect the rights of citizens enshrined in the Constitution, and on the other hand, to ensure strict observance by each person of legal norms, a resolute fight against crime, with any form of antisocial behavior and illegal actions.

Depending on the content, the main types of legal work are distinguished: justice; prosecutor supervision; provision of legal assistance to citizens and organizations (advocacy); performance of notarial acts; legal work in state bodies, enterprises, institutions and organizations. The listed types of legal work also correspond to legal specialties: investigator, prosecutor, judge, lawyer, notary, legal adviser.

Considering the professional functions of lawyers, the well-known jurist S.S. Alekseev singled out the main ones. First of all, this conducting legal affairs. Legal cases are life situations that act as separate, independent subjects of legal consideration. These include crimes, civil disputes, conflicts arising from violations of labor laws, and all other cases that are considered and resolved in accordance with the rule of law.

The conduct of legal cases requires the performance of actions of legal significance (summoning a witness, bringing charges, issuing a judgment, making a protest, etc.). Often this work is denoted by the word "production".

The professional activities of lawyers include drafting legal documents, in which legally significant actions are expressed and fixed, as well as oral presentations in the competent authorities, for example, in court, arbitration, in which legal requirements, statements, petitions that arise in the process of considering a case are formulated and substantiated.

It is also of great importance counseling, i.e., advice, clarification, recommendations, etc. It may relate to issues that do not form any independent legal cases. In the activities of judges, prosecutors, lawyers, employees of the legal service, counseling often occupies an independent, very significant place. Thus, concludes S. S. Alekseev, a lawyer in the process of exercising his professional functions both “speaks”, and “writes”, and “advises”.

All professional activities of a lawyer are closely connected with people, are realized in the process of interpersonal communications, and belong to the “man-man” system. For example, an investigator, when establishing circumstances that are essential for the correct resolution of a criminal case, must be able to obtain reliable information from people that interests him.

The prosecutor, empowered to oversee the implementation of laws, constantly interacts with heads and representatives of ministries and departments, executive bodies of the subjects of the Kyrgyz Republic, local governments, administrative bodies, commercial and non-profit organizations, public associations, receives citizens with applications, complaints, etc. d.

The prosecutor takes part in court sessions. He gives an opinion on issues arising during the trial; expresses to the court his views on the application of a measure of criminal punishment; sues: supports state prosecution in criminal cases before the court; protests illegal decisions, sentences, rulings and rulings of the court, illegal actions of a bailiff, etc. Prosecutors conduct legal propaganda, speak at meetings of citizens, in labor collectives.

Important functions in the administration of justice are performed by a judge of courts of general jurisdiction. He presides over administrative and judicial sessions when considering civil, administrative, criminal and other cases, as well as when considering complaints about unlawful actions of state authorities and officials that infringe on the rights of citizens. The judge single-handedly considers a number of cases of administrative offenses (disobedience to a police officer, a serviceman in the performance of their duties to protect public order, petty hooliganism, etc.). All this requires endurance, self-control, a good knowledge of the psychology of people, the ability to communicate with them.

The task of a lawyer is to provide legal assistance to citizens and organizations. He gives advice and explanations on legal issues, oral and written information on legislation; helps to draw up applications, complaints and other documents of a legal nature; represents in the court of general jurisdiction, arbitration court and other state bodies in civil, labor cases, economic disputes, cases of administrative violations. The lawyer plays an important role in the activities of the preliminary investigation bodies. He acts in court as a defender, representative of the victim, civil plaintiff or civil defendant. Establishing friendly relations with the client, winning his trust is the professional duty of a lawyer.

Notaries also constantly communicate with citizens, whose task is to give legal force to contracts and documents, to ensure the protection of the rights and legitimate interests of individuals and legal entities. The notary certifies transactions, issues certificates of ownership of a share in the common property of the spouses; testifies to the accuracy of copies of documents and extracts from them, the authenticity of the signature on the documents; transfers applications of individuals and legal entities to other individuals and legal entities; presents checks for payment and certifies non-payment of checks; issues a certificate of the right to inheritance and takes measures to protect the inheritance property, etc. Guided by laws and other regulations, the notary must help the client find the most appropriate solution to his problem.

An important place is occupied by interpersonal communications in the work of a legal adviser, an employee of the legal service of state authorities, enterprises (concerns, associations), socio-cultural institutions, organizations. The legal adviser is entrusted with control over the legality of orders and instructions issued by the management of the organization; issuance of opinions on legal issues; preparation of legal documents, participation in the preparation of draft contracts and agreements concluded with other organizations; informing members of labor collectives about the current legislation and providing them with legal assistance; conducting cases in courts of general jurisdiction and arbitration courts in which a body, enterprise, institution, organization acts as a plaintiff or defendant; filing claims for the supply of low-quality products, incomplete equipment, etc. When resolving these issues, the legal adviser has to work with the heads of the relevant bodies and organizations to which he is directly subordinate; with members of the labor collective; with representatives of higher organizations, ministries and departments; with employees of partner enterprises and competing enterprises, etc. In connection with the transition to market relations, the development of contractual obligations between the participants in these relations, the public relations of the legal adviser are significantly expanding.

A large communicative burden lies with lawyers working in the internal affairs bodies. These include investigators, employees of operational-search services, employees of administrative services. Employees of services and divisions of internal affairs bodies, along with law enforcement activities, perform managerial functions, functions of managing divisions, apparatuses and services, and carry out legal education of the population.

Thus, a lawyer, by the nature of his activity, has to not only operate with the law, but also explain, explain, prove, convince and convince. Therefore, he must be a "professional communicator", that is, be able to actively use special methods of influencing people, allowing him to achieve a communicative goal with less time and energy losses. The higher the level of interpersonal communication of a lawyer, the more effectively he solves many professional problems.

At first glance, it seems that the content of the concept of "communication" is clear to everyone and does not require special explanation. Meanwhile, communication is a very complex process of interaction between people. As A. A. Leontiev, a prominent specialist in the field of psycholinguistics, rightly notes, in the modern science of communication there are a huge number of mismatched definitions of this concept. This is due to the polysystemic and multifaceted nature of the phenomenon itself. The problems of communication are dealt with by representatives of different sciences - philosophers, psychologists, linguists, sociologists, culturologists, etc. Each of them considers communication from the standpoint of his science, highlights specific aspects for study and formulates a definition accordingly.

2 . Judicial oratory of antiquity(Ancient Greece and Dancient Rome)

Judicial public speaking is one of ancient species oratory, and every epoch, every country, people make changes to it, justified by the needs of public life.

Judicial eloquence in ancient Greece

The birthplace of judicial eloquence was Ancient Greece. During the heyday of Ancient Greece, when statehood developed, when the influence of the democratic group increased and the activity of the masses in the life of developed Greek policies revived, the ability to speak convincingly, art public speech became vital. Political figures had to publicly defend their views and interests in the People's Assembly or in court. And the political fate of many citizens of Athens largely depended on the ability to speak in public.

The emergence of the theory of eloquence was also substantiated by practical needs. In the IV century. BC. Aristotle wrote "Rhetoric", in which he summarized theoretical basis oratory. Famous orators were bestowed with honors. They wanted to learn the ability to master the word, they paid dearly for their studies. Teaching rhetoric was the highest level of ancient education.

Oratory received practical application in Sicily. Its main types have already been outlined there: political and judicial, which then spread to Athens in the 5th century. BC. - a period of social flourishing, the growth of culture.

Judicial speeches were a particularly common genre of oratory. Litigation in Athens was not an easy task: there was no institution of prosecutors, and any Athenian could act as an accuser. There were no defenders in court. The famous laws of Solon provided that every Athenian must personally defend his interests in court. Not all Athenians had the gift of speech, not all were able to speak well, argue, defend their position, refute the opponent's opinion. Therefore, the litigants had to turn to logographers for help - people who had oratorical talent and compiled the texts of defensive speeches for a fee. The accused memorized the speech by heart and delivered it in court in his own name. In the first place in the speech was not the conviction of one's innocence, but the impact on feelings, the desire to pity the judges, to win them over to their side.

The form of speech and the art of the speaker played no less a role than the content. Therefore, each judicial speech had to begin with an introduction outlining the essence of the case in order to influence the judges in advance. The introduction was followed by a story about the events connected with the case. The main goal of the story is to make the judges believe in the veracity of the speaker. In this part, artistic elements of speech were used. Next came the proof. The speech ended with an epilogue, which was supposed to arouse sympathy for the accused and make a particularly strong impact. Accordingly, the conclusion was pathetic.

The court in Athens was a public platform where different political opinions often clashed, and the speaker needed to have the knowledge and ability to convince people. Plato called this skill "the art of the giants of wisdom."

The first theorists of judicial eloquence are Gorgias, Lysias, Isocrates, Trasimachus.

Gorgias (c. 480 - c. 380 BC) represented the sophist trend in oratory (Greek sophistes - a craftsman, sage). The Sophists were excellent orators, mastered the laws of logic, the art of argument, and knew how to influence listeners. But their oratory skills were purely formal, ostentatious. Considering that the concept and truth itself are relative, the sophists understood the goal of oratory not as clarifying the truth, but as convincing listeners of something at all costs and expressed the opinion that any position can be proved and refuted.

Gorgias taught young men from wealthy families practical eloquence, the ability to think logically and speak publicly. The word, Gorgias believed, is a great ruler, since it can overtake fear, and destroy sadness, and inspire joy, and awaken compassion. But in order for the word to gain power over people, you need to constantly work on it. The skillful speeches of Gorgias, playing the role of political pamphlets, calling for the struggle against tyrants, attracted attention and glorified his name. Gorgias' speeches abounded in metaphors, comparisons, antitheses, sentences with the same endings. The division of speech into equal parts, opposed in meaning, symmetrically constructed phrases with a rhyme at the end are known as Gorgias figures. Gorgias was also known as a logographer.

A popular logographer was Lysias (c. 435-380 BC), an eminent legal orator who wrote over 200 speeches. Ancient critics noted Lysis's ability to create portraits, reflecting the characters, psychology and style of clients. Lysis's speeches were thought out from beginning to end: natural introduction, figurative narration, lack of false pathos, moderation in use visual means(basically - comparisons, repetitions), brevity, strict conclusion. Lysias laid the foundations for the composition of a judicial speech.

The representative of magnificent, solemn eloquence was Isocrates(436-338 BC), student of Gorgias. Possessing a weak voice, he himself did not speak in public, but wrote the texts of court speeches and taught young people the art of oratory. In his speech Against the Sophists, Isocrates argued that true rhetoric and philosophy should not be confused with the tricks of the sophists. The orator, Isocrates believed, must have talent, be an educated person and painstakingly work on compiling speeches. Great importance he gave to the finishing of the language, the choice of words; advised to avoid sharp and difficult combinations of sounds, a sharp transition from one plot to another. Isocrates was the creator of "periodic speech". For the first time he began to write in long periods, light in construction.

In the oratory school, which was opened by Isocrates, the composition of the oratorical work was developed. It included: 1) an introduction, the purpose of which is to attract attention and arouse the benevolence of listeners; 2) a convincing presentation of the subject of the speech; 3) refutation of the opponent's arguments and argumentation of one's own; 4) conclusion, 2 summing up everything that has been said.

The famous Greek orator was Demosthenes(384-322 BC), who surpassed all those who competed with him in the courts in the accuracy of expression of thought, its validity, splendor and pomp of style.

Demosthenes himself said that his oratorical abilities were just some skill. All his speeches reflect his persistent character. Even as a child, having heard the judicial speech of Callistratus, he was struck by the power of the word, which, as he clearly understood, was able to captivate and conquer listeners. Since then, he began to diligently practice speaking, hoping in time to become a real orator. He had a weak voice, poor diction, shortness of breath, nervous twitching of the shoulder. But daily strenuous activities and exercises helped to strengthen the voice, work out breathing and diction, overcome shoulder twitching, and acquire appropriate manners.

Judgment in Ancient Rome

In ancient Rome, the flowering of judicial eloquence coincides with the last period of the Republic and ends with it. Its development was largely facilitated by brilliant examples of Greek oratory. When Greek rhetoricians appeared in Rome and opened the first rhetorical schools there, young people rushed to them. One of the Roman historians wrote: “Whose art, in its glory, can be compared with oratory?

The confrontation between slaves and slave owners, patricians and plebeians left a vivid imprint on Roman oratory. The forum, where every free citizen of Rome could speak, constantly heard trials on charges of extortion, violence, addiction and treason. A major Roman orator and author of works on jurisprudence was Mark Porcius Cato the Elder(234-149 BC). Historian and agronomist, military leader and statesman, he was the founder of Latin eloquence, and the main thing in his speeches is their great inner meaning. When Cato acted as an accuser in court, he always proceeded from the merits of the case, clearly and logically expressed his thoughts, and gave objective assessments of phenomena. Any of his opponents was defeated. Cato spoke with a special enthusiasm, purposefully, with gestures, which was considered the main advantage of the speaker. The main qualities of his speeches are accuracy, brevity and stylistic elegance. The flowers of eloquence were used to get deeper into the essence of the issue, for example, repetitions were used to enhance the thought that should penetrate the minds of the listeners.

Cicero highly valued Cato as a speaker: “Everything can be said more harmoniously, and with b about more grace, but with greater strength and nothing can be said with vivacity. Plutarch also noted that Cato was able to speak accurately and witty.

Acquired fame as an outstanding court orator Galba who possessed legal thinking, knew how to collect and arrange evidence in a speech. Galba's oratory skills fully met Cicero's requirements for a speaker, who must be able to convince with accurate arguments, excite the souls of listeners with an impressive and effective speech, and inspire the judge. Not infrequently Galba delivered speeches of defense so vivid that they ended to the sound of applause.

In the middle of the II century. BC. the importance of judicial eloquence in ancient Rome is increasing; the theory of judicial speech is developed on the basis of the Greek heritage. The judicial speech was usually divided into five parts: 1) introduction; 2) statement of the circumstances of the case; 3) bringing arguments in favor of their point of view; 4) refutation of the opponent's arguments; 5) conclusion. The beginning of the speech was meant to attract the attention of the judges and set them up favorably, so it had to be carefully finished, but it should be modest in form. There were a number of rules for argumentation. The speaker left all the most effective techniques for the final part. For each compositional part, there were corresponding embellishments of speech. Appeal in the introduction of a speech could be used only in exceptional cases.

Roman rhetorical schools tried to instill in students the skills of judicial oratory, taught to select arguments, apply the so-called common places taught to use jewelry. Rhetors perfectly mastered the rules of public speech, knew and took into account the laws of logic, and were able to inspire their thoughts to a huge audience.

famous court speaker this period was Gaius Papirius Carbon, which brilliantly showed itself in many processes in criminal and civil cases. Cicero named him among the great and most eloquent orators.

In those same years, there was another famous lawyer - Gaius Scribonius Kurionded. Cicero called him a truly brilliant speaker, and Curio's speech in defense of Servius Fulvius on incest - a model of eloquence.

The court speeches of Mark Antony (143-87 BC) had a political connotation. The main weapon in his defense was pathos. Antony had the ability to instantly assess the situation and, possessing the gift of improvisation, resorting now to insinuation, now to supplication, now to restraint, now to inciting hatred.

Decidedly unattainable, according to Cicero's characterization, Krass was a judicial orator. His speeches were meticulously prepared. This concerned primarily legal validity, as well as stylistic elegance. Cicero called him "the best jurist among orators."

The last prominent representative of the pre-Ciceronian period of Roman judicial eloquence was Quintus Hortensius Gortalus. Hortensia's speech, always worked out, elegant and accessible, captivated the listeners with the nobility of thoughts, precise and appropriate choice of words and constructions. The clarity of speeches was achieved by the fact that the speaker skillfully singled out the main points, analyzed and challenged the arguments of the opposing side, and at the end presented new, indisputable arguments. Hortensius introduced two methods that no one else had: a division, where he listed what he would talk about, and a conclusion, in which he recalled all the arguments of the opponent and his own.

Rhistory Ciceron

The greatest classic of ancient eloquence and the theoretician of oratory was the ancient Roman orator and politician Marcus Tullius Cicero (106-43 BC). Three treatises on oratory reflect the rich experience of ancient rhetoric and his own practical experience as the greatest Roman orator. These treatises - "On the Orator", "Brutus, or On the Famous Speakers", "The Orator" - monuments of the ancient theory of literature, ancient humanism, which had a profound influence on the entire European culture.

In the theory of knowledge, Cicero considers questions about the highest good, about the virtues as the only source of happiness, strives for perfection. Four virtues correspond to such aspiration: wisdom, justice, courage, moderation. His philosophical views formed the basis of his views on oratory.

What are the views of Cicero on oratory? Cicero's theory of eloquence occupies a middle position between Asianism and moderate classical Atticism. In the treatise "On the Orator" he chooses a free form of philosophical dialogue, which allowed him to present the material in a problematic, debatable way, giving and weighing all the pros and cons. Cicero regrets that eloquence among all sciences and arts has the least representatives. And this is no coincidence.In his opinion, there are few real good speakers, because eloquence is something that is more difficult than it seems.Eloquence is born from many knowledge and skills.

“Indeed,” he writes, “after all, here it is necessary to acquire the most diverse knowledge, without which fluency in words is meaningless and ridiculous; it is necessary to give beauty to speech itself, and not only by selection, but also by the arrangement of words; and all the movements of the soul with which nature has endowed the human race must be studied to the subtlety, because all the power and art of eloquence must be manifested in this, either to calm or excite the souls of listeners. To all this must be added humor and wit, education worthy of a free man, speed and brevity both in reflection and in attack, imbued with subtle grace and good manners. Besides, it is necessary to know the whole history of antiquity in order to draw examples from it; one should also not miss acquaintance with the laws and civil rights. Do I still need to expand on the performance itself, which requires monitoring body movements, and gesticulation, and facial expressions, and sounds and shades of voice? .. Finally, what can I say about the treasury of all knowledge - memory? After all, it goes without saying that if our thoughts and words, found and considered, are not entrusted to her for safekeeping, then all the virtues of the orator, no matter how brilliant they may be, will be wasted.

So, Cicero believes that the basis of oratory is, first of all, a deep knowledge of the subject; if there is no deep content behind the speech, assimilated and learned by the speaker, then the verbal expression is empty chatter.

Eloquence is an art, but the most difficult of the arts. He supports Plato and Aristotle in that an impressive speech, corresponding to the feelings and thoughts of the listeners, is an inalienable property of the speaker. In these judgments, the psychological direction of the study of oratorical speech was affected: “Who, for example, does not know that high power orator to inflame the hearts of people with anger, or hatred, or sorrow, and from these impulses turn back to meekness and pity? But this eloquence can only be achieved by one who deeply knows human nature, the human soul and the causes that make it flare up and calm down.

What are the main conditions for the development of oratory skills? Firstly, natural talent, liveliness of mind and feelings, development and memorization; secondly, the study of oratory (theory); thirdly, exercises (practice). Actually, there is nothing new in these statements, since Aristotle wrote about this. Nevertheless, Cicero tried to synthesize previous theories, comprehend them and, on their basis, create a generalized theory of oratory.

In the first part of the work “On the Orator”, Cicero tries to create the ideal of an educated orator, an orator-politician who would be both a philosopher and a historian, and who would know the law. History, philosophy and law were general educational subjects at that time. If we agree to call him both an orator and a philosopher, then there is nothing to argue about, writes Cicero, "the palm belongs to the one who is both learned and eloquent. If we agree to call him both an orator and a philosopher, then there is nothing to argue about, to divide concepts, then philosophers will be lower than orators, because a perfect speaker has all the knowledge of philosophers, and a philosopher does not always have the eloquence of an orator; and it is a pity that philosophers neglect this, because it, I think, could serve as the completion of their education. This is how the image of an ideal speaker arises, educated and thereby rising above ordinary consciousness, above the crowd, capable of leading it along.

Cicero notes that all other sciences are each closed in itself, and eloquence, that is, the art of speaking sensibly, smoothly and beautifully, has no specific area, the boundaries of which would fetter it. A person who takes up the art of oratory must be able to say decisively about everything that can be encountered in a dispute between people, otherwise he cannot infringe on the title of orator.

Cicero, according to the tradition adopted in Greece, distinguishes three types of speeches: speeches at the forum, speeches in court in civil cases and proceedings, eulogies.

The speaker's duty is to find something to say; put the found in order; give it a verbal form; affirm all this in memory; pronounce. As you can see, Cicero adheres to the established classical scheme, according to the canon of which a five-part division of the rhetorical process is given, that is, the whole path "from thought to sounding public word."

In addition, it is the speaker's task to win over the audience; state the essence of the matter; install controversial issue; reinforce your position refute the opinion of the enemy; in conclusion, to give shine to their positions and finally overthrow the position of the enemy.

According to Cicero, the most important thing for an orator is the verbal expression of thought and speech. The first requirement for speech is the purity and clarity of the language (expression of thought). Purity and clarity are developed by study and perfected through the reading of exemplary orators and poets. For the purity of speech, it is necessary to choose words flawlessly, to use morphological forms correctly. Clarity of speech is associated with correct, normative pronunciation: the speaker needs to properly control the organs of speech, breathing, and the sounds of speech themselves.

The word, the art of eloquence is associated with the personality of the speaker, through them the mind, erudition of the speaker, his knowledge, experience, as well as the will that acts on the listeners through speech are expressed. Eloquence is supreme manifestation moral strength of man. Therefore, than a more moral person, the more eloquent, according to Cicero. In this case, eloquence is a boon that the speaker uses for people. The power of oratory, according to Cicero, is necessarily combined with honesty and high wisdom. Only then can speech bring satisfaction to people. If dishonest people use the power of the word, then this powerful weapon will fall into the hands of madmen who can direct it to evil. The philosophical approach to the word as good and hell, as a tool of honest and dishonest people, makes it possible to look at Cicero's theoretical research from the angle of the humanistic direction of rhetorical art, his highest purpose as a spokesman for general humanitarian ideas. It is no coincidence that Cicero connects the power of the word with wisdom, noting that the ancients called this science of thinking and speaking, this power of the word wisdom. „ After all, in the old days, science, - he notes, - as you can see, taught the same way and red word and right case; and not special teachers, but the same mentors taught people how to live and speak".

The author in the treatise "On the Orator" based on some theoretical studies his predecessors and on practical school textbooks, on the Greek and Roman oratory tradition and the best examples of oratory, on his practical experience. Cicero can be considered the creator of his rhetorical theory, which he most fully outlined in this treatise.

Treatises "Brutus" and "Orator", written in 46 BC. e., he turns to Brutus, a representative of a new, Attic current, defending his point of view. The purpose of these writings is to substantiate the legitimacy and superiority of that oratorical ideal, the path to which Cicero pointed out in the dialogue “On the Orator”.

He substantiates this direction both from the historical point of view (in "Brutus"), and from the theoretical point of view (in "Orator"). In the dialogue "Brutus, or On Famous Orators," Cicero lists almost all the famous speakers - over two hundred - in chronological order With brief characteristics everyone. For Cicero, Roman eloquence is a matter of national pride, and he is happy to be its first historian. This work is a critical and polemical work, aiming not only to characterize the orators, but mainly to defend and develop those ideas expressed in the previous treatise.

"The Orator" is the final work of Cicero's rhetorical trilogy. At first, he draws the image of a perfect orator, but makes a reservation: "Creating the image of a perfect orator, I will describe him as, perhaps, no one was." He puts forward as an argument the Hellenistic doctrine of three styles of eloquence: high, medium and simple. The simple style is designed to convince, the medium style is to please, the high style is to excite and captivate the listener.

Cicero sees the beauty of speech in its freshness, juiciness, tenderness, learning, nobility, captivating, grace, passion, and the “flowers of words and thoughts” should be distributed in speech “with analysis”. Verbal piling up, speech, colored with excessively bright colors, does not give long-term pleasure, satiates the listeners, irritates them. According to these views, Cicero could not be ranked either among the Atticists or among the Asians. He created his own style and demanded the judicious use of "colors of eloquence." He demonstrated a deep insight into the essence of oratory, creating an oratory theory based on his rich experience. A brilliant theoretician, he summarized and critically rethought the views on the art of oratory of theorists and practitioners of eloquence, compared various points of view through careful analysis, and created his own theory.

3. Give an interpretation to the following borrowed words: sponsor, corruption, quota, prerogative, statute, inspire

· Sponsor- (English sponsor - from lat. spondeo - I guarantee, I guarantee), in economics, 1) a guarantor, a guarantor (for example, a loan guarantor). 2) A person or organization that finances the holding of an event, the construction of an object, etc. 3) Customer, organizer, organizer; contractor.

· Corruption- (from lat. corruptio - bribery) - direct use by an official of his official position for the purpose of personal enrichment. As a rule, it is accompanied by a violation of the law.

· Tovota[cf. - lat. Quota is the part that belongs to everyone. 1) share, part, share, norm; tax k. - the amount of tax levied on a certain unit of taxation; 2) a share in the total production or sales established under a cartel agreement for each of its participants.

· prerogativewa(from lat. centuria praerogativa- centuria, which had the right to propose laws) - in the narrow sense - the preemptive right of the crown, which it enjoys in addition to parliament. Thus, the prerogative of the crown is to convene and dissolve parliament, open and close the session, pardon criminals, etc. In a broad sense, the pre-emptive right in general; the exclusive right to carry out any activity belonging to a certain state body or official; the right of someone to do something; advantage that one has over others.

· FROMtattoo[cf. Lat. statutum] - 1) charter, provision on the rights and obligations of any. persons or bodies; 2) in England and a number of other countries - the name of the law.

· Andinspire[lat. inspirare] - inspire, influence; instigate.

Hosted on Allbest.ru

Similar Documents

Characteristics of the concept of rhetoric or oratory - the ability, ability to speak beautifully, convincingly; oratorical talent; high degree of public speaking skills. Distinctive features the talent of oratory of French and Russian lawyers.

abstract, added 04/01/2010


Oratory is an integral part of justice. Features and types of judicial speech in legal practice. Characteristics of the judicial audience. Main historical stages in the development of the art of judicial eloquence. Indicators speech culture speaker.

abstract, added 12/25/2011


The concept of judicial eloquence, historical analysis the process of its formation and development. The main purpose of judicial oratory, its specificity and evaluative-legal nature. Tactics, style, techniques and means of legal public speech.

term paper, added 07/24/2013


Consideration of the importance of judicial eloquence in the professional activities of a lawyer. Familiarization with historical development oratory. The study of the practice of famous representatives of judicial eloquence. Improving oratory skills.

term paper, added 04/16/2015


Trial conditions, fixed rules that reflect character traits at this stage of the process, ensure the implementation of the principles of the trial and guarantee the observance of the rights and interests of the participants in the trial.

test, added 12/08/2008


The main features of the Constitution of the Russian Federation. Judicial constitutional law as a sub-branch of legal science Fr. Characteristics of the types of constitutional justice, its modern origins and their interpretation. Primary sources of constitutional judicial procedural law.

abstract, added 08/27/2011


Litigation as a stage of civil process. The role of the presiding judge in the management of the trial. Components of a court session. Institute for Suspension of Civil Proceedings.

thesis, added 02/11/2011


Developments for the acquisition of professional practice of novice lawyers in the field civil law, civil process, criminal law, litigation. Practical examples of the preparation and execution of legal documentation for these processes.

practical work, added 09/24/2008


Immediacy, orality, publicity and continuity of the trial. Leading role of the chairperson of the meeting. The court, the parties to the trial: the accuser, the defendant, the defender, the victim. Parts of the trial.

term paper, added 01/10/2010


Values ​​and selectivity of behavior, professional self-determination. Professional values ​​of legal activity, their formation and evaluation. Methods for studying value orientations. Comparative analysis of value orientations of lawyers and students.