LAW AND ORDER: FROM LITERARY RHETORIC TO JURIDICAL RHETORIC

• Autor(a) principal: Malato, Maria Luísa
• Data de Publicação: 2020
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Opinião Jurídica (Fortaleza)
• Texto Completo: https://periodicos.unichristus.edu.br/opiniaojuridica/article/view/3457
• topic: Legal methodology; Rhetoric; Art and Law; Order; Francisco Puy; Metodología jurídica; Retórica; Arte y Derecho; Orden; Francisco Puy; Metodologia Jurídica; Metodologia jurídica; Retórica; Arte e Direito; Ordem; Francisco Puy

Objective: The analysis of the slogan “law and order” is related with the reading process of literary texts or cinematographic texts, applying them to the process of reading legal facts, highlighting the importance of the order of facts to the interpretation of facts.Methodology: Several types of demonstration have been used: deductive arguments, based on rhetorical studies, in Literature, Art and Law, on the distortion operated by the order of factors; inductive arguments, which bring the legal analysis of discourses closer to artistic discourses, which have always reflected the importance of the order of the narrated factors; analogic arguments, presupposed by the omnipresence of faction in human sciences; and authority arguments, mainly referring the importance of the rhetorical work of a Spanish jurist, Francisco Puy.Results: The essay underlines the importance of the order during the testimony or the process in general, given its rhetorical effects of conformation and / or manipulation.Contributions: It is believed that the two main contributions of this research are the valorization of rhetorical studies in general (and of lawyers like Francisco Puy in particular), as well as the appreciation of a humanistic education of jurists, so often formed in the belief of this rhetorical neutrality of interpretation the facts.