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Regular version of the site

Book chapter

Topical jurisprudence: reconciliation of law and rhetoric

P. 49-63.
Topical jurisprudence is an attempt to apply the methodology of rhetoric to the investigation of legal texts and legal reasoning. According to ancient tradition, rhetoric is defined as the art of persuasion, and rhetorical topica as the art of finding - or 'inventing' - arguments in order , to formulate these arguments, to counter-balance them, to persuade and thus more broadly, to find the best solution for the problem. The understanding of rhetoric as a methodology for problem-solving was initially thoroughly investigated by Theodor Viehweg in his famous Topics and Law. Rhetorical Topica (Topics) as an ancient technique for generating thoughts about problems providing handy recipes for finding different approaches to the problem by suggesting arguments pro and contra In reTation to problem-solving in law, in its turn, cannot be separated from interpretation, topoi for inventing legal arguments can be also considered as the commonplaces for interpretation of legal texts.