Influences of Classical Rhetoric on Modern English Legal System Training of the barristers

Research Project

Project/Area Number	07620005
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Fundamental law
Research Institution	Niigata University
Principal Investigator	KASAI Yasunori Niigata University Faculty of Law, Professor, 法学部, 教授 (80114437)
Project Period (FY)	1995 – 1996
Project Status	Completed (Fiscal Year 1996)
Budget Amount *help	¥1,700,000 (Direct Cost: ¥1,700,000) Fiscal Year 1996: ¥600,000 (Direct Cost: ¥600,000) Fiscal Year 1995: ¥1,100,000 (Direct Cost: ¥1,100,000)
Keywords	Rhetoric / Forensic Oratory / Thomas Erskine / Henry Brougham / Special Jury / barrister / classical tradition / English Law / ヘンリー・ブルーム / 法廷弁論 / Erskine(ア-スキン) / 法曹学院 / バリスタ / 古典教養 / 陪審制
Research Abstract	The results of the research in this year can be summarised as follows. First of all, the available source materials which contain arguments in the speeches of barristes are those of late 18 century onwards. They are reliable because they were published or written in shorthand. Secondly, three most important figures in this research are Thomas Erskine, Henry Brougham and John Campbell. All of them are influenced by Scottish Enlightenment and worked under the movement of modernization of Common Law tradition and legal system. Thirdly, this research focuses on Thomas Erskine who is regarded as the founder of modern English forensic oratory and had great influence upon the barristers in 19 and 20 centuries. Fourthly, most of Erskine's available speeches are those for the cases of libel, freedom of the press. Sedition etc., namely criminal and constituional, and tried by juries, special juries in particular. Fifthly, classical rhetoric and modern oratory are the same in the sense that both are useful and influential to the criminal and political cases. It is possible to imagine that barristers, judges and juries have common educational (classical) and social backgrounds. Sixthly, therefore it can be said that the classical tradition remained influential among modern forensic oratory. This research is greatly benefited by the suggestions of His Honor Judge Cryan and Dr Ibbetson of Magdalen College Oxford.