89 Nw. U. L. Rev. 1622 (1994-1995)
Ancient Rhetoric, Modern Legal Thoughts, and Politics: A Review Essay on the Translation of Viehweg's Topics and Law

handle is hein.journals/illlr89 and id is 1642 raw text is: Copyright 1995 by Northwestern University, School of Law      Printed in U.S.A.
Northwestern University Law Review                              Vol. 89, No. 4
ANCIENT RHETORIC, MODERN LEGAL THOUGHT, AND PoLrrIcs: A
REVIEW ESSAY ON THE TRANSLATION OF VIEHWEG'S
Topics AND LAW
Topics AND LAW. By Theodor Viehweg. Translated by W. Cole Dur-
ham, Jr., Frankfurt am Main, Berlin, Bern, New York, Paris, Wien:
Peter Lang, 1993. Pp. xl, 176. $35.80.
Reviewed by Bernard E. Jacob*
I. INTRODUCTION ............................................. 1622
A. Perelman and Viehweg .............................. 1622
B. The Interest in Rhetoric ............................. 1626
II. ANCIENT RHETORIC AND MODERN LEGAL THOUGHT ..... 1635
A. The Connections Between Rhetoric and Law ....... 1635
B. The New Rhetoric and Topics ....................... 1641
1. Perelman and Viehweg .......................... 1641
2. Novel Problems .................................. 1644
3. Viehweg's Case .................................. 1651
4. Viehweg and the Resources of Rhetoric ......... 1660
C. Rhetoric as Anti-Method ...................... 1666
D. Zetetics and Dogmatics in America ................. 1673
I. INTRODUCrION
A. Perelman and Viehweg as Part of a Revival of Interest in
Classical Rhetoric
Rhetoric, says Paul Ricoeur for those who are interested, died
towards the end of the nineteenth century when it ceased to be a part
of the [college curriculum].' But it has revived both in Europe and in
America. The story of the revival in America has been told from a
* Professor of Law, Hofstra University School of Law. J.D., University of California,
Berkeley; Ph.D. (Philosophy), Graduate Faculty of the New School for Social Research. The
author expresses gratitude to Hofstra University School of Law, which granted a Special Projects
Fellowship for 1991-1992 and a Summer Grant for 1994. These grants each supported some
stage of this review essay.
1 PAUL RiCOEUR, Tom RULE OF METAPHOR 9 (Robert Czerny trans., 1975). The study of
rhetoric suffered the same indignities in America. See Ronald F. Reid, The Boylston Professor-
ship of Rhetoric and Oratory, 1806-1904: A Case Study in Changing Concepts of Rhetoric and
Pedagogy, 45 Q.J. SPEECH 239 (1959); Donald C. Stewart, Two Model Teachers and the
Harvardization of English Departments, in THE RHETORICAL TRAD  ON AND MODERN WRIT-
ING 118 (James J. Murphy ed., 1982).

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