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Allen D. Boyer, "Sir Edward Coke, Ciceronianus:
"Classical Rhetoric and the Common Law Tradition", International
Journal for the Semiotics of Law / Revue Internationale de Sémiotique
Juridique Vol.X no.28 (1997), 3-36: This article discusses Sir Edward
Coke and how his training in Ciceronian rhetoric shaped his work as a judge
and his writings on the common law. It also discusses the close connection
which existed between the discourse arts and the common law during the Elizabethan
age. Common lawyers, trained in the humanist tradition, studied Latin works
of oratory (most notably, those of Cicero). Legal practice, legal education,
and the emerging case method reflected rhetorical models. The rhetoricians'
belief that oratory shaped society is the mirror image of the contemporary
belief that social patterns are texts which can be read through semiotics,
and their equation of eloquence with life draws the same connection as the
modern connection of law and society. As a matter of legal history, Coke's
background in rhetoric laid the foundation for his Reports and his Institutes,
including his magisterial Commentary upon Littleton. As a matter of jurisprudence,
it taught Coke and other Tudor judges to weigh public policy in deciding
cases. In the area of constitutional law, the way in which the rhetorice
of judicial review.
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