Definition and Examples of Judicial Rhetoric

According to Aristotle, judicial rhetoric is one of the three main branches of rhetoric: speech or writing that considers the justice or injustice of a certain charge or accusation. (The other two branches are deliberative and epideictic.) Also known as  forensic, legal, or judicial discourse. In the modern era, judicial  discourse is primarily employed by lawyers in trials decided by a judge or jury. See the observations below. Also see: ArgumentClassical RhetoricDeclamationDefinitions of Rhetoric in Ancient Greece and RomeWhat Are the Three Branches of Rhetoric? Etymology:  From the Latin, judgment. Judicial Rhetoric in Ancient Greece and Rome Anyone reading the classical rhetorics soon discovers that the branch of rhetoric that received the most attention was the judicial, the oratory of the courtroom. Litigations in court in Greece and Rome were an extremely common experience for even the ordinary free citizen--usually the male head of a household--and it was a rare citizen who did not go to court at least a half a dozen times during the course of his adult life. Moreover, the ordinary citizen was often expected to serve as his own advocate before a judge or jury. The ordinary citizen did not possess the comprehensive knowledge of the law and its technicalities that the professional lawyer did, but it was greatly to his advantage to have a general knowledge of the strategies of defense and prosecution. As a result the schools of rhetoric did a flourishing business in training the layperson to defend himself in court or to prosecute an offending neighbor.(Edward P.J. Corbett and Robert J. Connors, Classical Rhetoric for t he Modern Student, 4th ed. Oxford University Press, 1999) Aristotle on Judicial Rhetoric and the Enthymeme [J]udicial rhetoric promotes justice and identifies injustice by appealing to the law. Forensic speech accepts as given the laws of the polis, so the section on judicial rhetoric uses enthymemes to adjust particular cases to general laws (Aristotles Rhetoric). Aristotle addresses accusation and defense as well as the sources from which their enthymemes should be drawn, investigating for what, and how many, purposes people do wrong . . . how these persons are [mentally] disposed, and what kind of persons they wrong and what these people are like (On Rhetoric, 1. 10. 1368b). Because Aristotle is interested in causation in order to explain wrong-doing, he finds enthymemes particularly useful in judicial rhetoric.(Wendy Olmsted, Rhetoric: An Historical Introduction. Blackwell, 2006) The Focus on the Past in Judicial Rhetoric Judicial rhetoric concerns only past fact and the application of uncontentious moral principles, so that it affords the ideal Aristotelian orator no grounds for uncertainty. But perhaps deliberative rhetoric, since it concerns future contingencies and the more or less likely outcomes of alternative policies, is a better prospect for comparison with dialectic.(Robert Wardy, Mighty Is the Truth and It Shall Prevail? Essays on Aristotles Rhetoric, ed. by Amà ©lie Oksenberg Rorty. University of California Press, 1996) Prosecution and Defense in Judicial Rhetoric In judicial rhetoric, prosecutors often try to evoke assent to the truth of a statement such as the following: John killed Mary. That is, prosecutors try to persuade their audiences to agree with their representations of reality. Some form of resistance to their arguments is implicit in their situations because opposing arguments are expected from the defense. Aristotle emphasized the notion of dispute or debate inherent in judicial rhetoric: In the law court there is either accusation or defense; for it is necessary for the disputants to offer one or the other of these (Rhetoric, I,3,3). This sense of the word persuasion is among its more common senses.(Merrill Whitburn, Rhetorical Scope and Performance. Ablex, 2000) The Model for Practical Reason While contemporary students of practical reasoning rarely think about rhetoric, judicial reasoning is the model for modern practical reason. We typically assume that practical reasoning has to proceed from rule to case and that the point of practical reasoning is to justify our actions. . . . For Aristotle deliberation is the model for practical reason because there the Aristotelian combination of the personal and the moral is real and fundamental, while in judicial rhetoric that combination is only created by the speaker.(Eugene Carver, Aristotles Practical Reason. Rereading Aristotles Rhetoric, ed. by Alan G. Gross and Arthur E. Walzer. Southern Illinois University Press, 2000) Pronunciation: joo-dish-ul

Essay on The Beginning of the End of Enron - 1828 Words

The mission of the Financial Accounting Standards Board (FASB) is to establish and improve standards of financial accounting and reporting for the guidance and education of the public. Accounting standards assist analysts, potential investors, and corporate figures in determining and comparing the financial performance of a corporation. In recent years, a wave of accounting scandals broke, and a number of companies admitted to following fraudulent accounting procedures to defer attention from the company’s financial performance. Enron Corporation, a natural gas provider, led the pack with dubious accounting practices, a series of off-balance sheet transactions, and a series of investigations that ultimately led to beginning of accounting†¦show more content†¦It appeared Enron had created a successful business through diverging itself into different areas of energy and service markets; Enron was trading pulp, paper, fertilizer, plastics and other commodities in additio n to natural gas. By 1999, Enron had grown so much that it was involved in about a quarter of all energy deals. In late 2000 Enron reported earnings tripled since 1998; however, this event would mark the sudden fall of a great empire. In May 2001, the energy market took a tumble as Californians struggled with the soaring prices of energy. California politicians blamed Enron for manipulating the energy market. In 2001, Californians were hit with skyrocketing energy prices, rolling blackouts, and one of the leading utility companies, Pacific Gas and Electric Company, filing for bankruptcy. Enron was hit with a change of CEO’s; Lay resigned as CEO and Skilling replaced him (for only a short time). In October 2001, the energy crisis took a turn for the worst and marked the beginning of the end of Enron. On October 12, 2001, Enron disclosed a $638 million loss in its third quarter for the fiscal year. This monetary disclosure sparked an interest by the US Securities and Exchange C ommission (SEC), who began to inquire about Enron’s financial statements. Shortly after, Enron fired Andrew Fastow, the organization’s CFO, due to what Enron calls losing investor confidence (Swartz). The termination of Fastow increasedShow MoreRelatedEnron: from the Beginning to the End2542 Words   |  11 Pageshear the word Enron, they immediately associate it with the most important accounting scandal of our lifetimes. Enron was an American gas company that began as the Northern Natural Gas Company in 1931. Internorth, a holding company in headquartered in Omaha, Nebraska, purchased the Northern Natural Gas Company and reorganized it is 1979. Enron arose from the 1985 merger of Houston Natural Gas and Internorth. After building a large, new corporate headquarters in Omaha, the new Enron named formerRead MoreExecutive Office Of Houston Natural Gas1689 Words   |  7 Pages Enron was created in 1985 when Houston Natural Gas and InterNorth merged together. Houst on Natural Gas was a utility company based in Houston, Texas before being taken over by InterNorth. InterNorth was a very large energy company based out of Omaha, Nebraska. They specialized in natural gas pipelines, but also were successful in the plastic industry, coal and petroleum exploration and production. In the beginning Kenneth Lay, who was the Chief Executive Office of Houston Natural Gas, becameRead MoreRelationship Between Ethics And Business Performance1181 Words   |  5 PagesAlthough the relationship between ethics and business performance is still the subject of controversy, the Enron case is a demonstration that the lack of ethical behavior is inseparable from the competitive disadvantage. The question is not so much whether the disaster could be avoided if the company had adopted from the beginning, transparency criteria. The main thing to know as citizens, so far reputed and honest, have managed to create an environment to bring their managers to take ethicall y reprehensibleRead MoreRelationship Between Ethics And Business Performance1278 Words   |  6 PagesAlthough the relationship between ethics and business performance is still the subject of controversy, the Enron case is a demonstration that the lack of ethical behavior is inseparable from the competitive disadvantage. The question is not so much whether the disaster could be avoided if the company had adopted from the beginning, transparency criteria. The main thing to know as citizens, so far reputed and honest, have managed to create an environment to bring their managers to take ethically reprehensibleRead MoreThe rise of Enron took ten years, and the fall only took twenty days. Enron’s fall cost its1600 Words   |  7 PagesThe rise of Enron took ten years, and the fall only took twenty days. Enron’s fall cost its investors $35,948,344,993.501, and forced the government to intervene by passing the Sarbanes-Oxley Act (SOX) 2 in 2002. SOX was put in place as a s afeguard against fraud by making executives personally responsible for any fraudulent activity, as well as making audits and financial checks more frequent and rigorous. As a result, SOX allows investors to feel more at ease, knowing that it is highly unlikelyRead MoreSkilling Watkins Served As The Whistle Blower Essay876 Words   |  4 Pages Sherron Watkins served as the â€Å"whistle-blower† who played a major part in bringing down the Enron Corporation. Watkins had joined Enron in 1993, after leaving Arthur Anderson. (Enron Whistle) She managed Enron’s massive portfolio of investments used in its multiple vehicles (Welcome). In her letter to then-CEO Kenneth Lay, Watkins questioned whether Enron could withstand the scrutiny of an SEC investigation. Not only would Jeffrey Skilling’s abrupt departure trigger such an investigation, butRead MoreEnrons Accounting Fraud1304 Words   |  6 PagesNorthern Natural Gas Company (the ancestor of ENRON) was establi shed in 1930. In 1979, Inter North Inc. bought Northern Natural Gas Company and placed it  under a new management. In the 1980s, the  United States Congress passed legislation deregulating the sale of  natural gas.  At the beginning of the 1990s, Congress passed a similar legislation targeted at the sales of electricity. These steps launched a new era in the energy market, allowing companies like ENRON to prosper. In 1985, Kenneth Lay, CEO of  HoustonRead MoreEnron And The Collapse Of Enron1303 Words   |  6 PagesEnron, a company which originated in Huston, Texas, was one of the largest American energy trading corporations in the nation. Although it was one of the most well known companies, it was also one that crashed and burned the fastest, shocking many people when it did. Not only did it end fast, the company caused quite a scandal which is still being discussed and reviewed in today’s world. Enron’s bankruptcy scandal was so widely known because of th e many people who associated themselves with the companyRead MoreThe Ethics Of The Enron Scandal861 Words   |  4 Pagesmodern American history filed for bankruptcy. Enron, a seemingly invulnerable company would eventually provoke sweeping changes in regulation that controls the management and accounting of public companies even to this day. The Enron scandal has come to be known as one of the prime audit failures of all time and serves as a classic example of corporate greed and corruption. However, for the generation that watched in horror as corporations such as Enron fell along with the stock market, this scandalRead MoreCase Analysis : Enron Corporation891 Words   |  4 Pagesknowing how this money came from. This is how the employees in Enron Corporation felt at the time when the company was the biggest energy company in the nation, and was having the best stock in the market. â€Å"You could feel the excitement at 6 a.m. You walked in the door and got energized, all thos e creative juices flowing. You worked with the best, the most brilliant. It was a great, great company, says one of the employees in Enron for New York Times (Turnage and Keyton). Therefore, it is obvious

Case Study Law free essay sample

Determine whether the following employees are within the scope of the Employment Act, the Sabah Labour Ordinance or the Sarawak Labour Ordinance. For each employee, explain their rights in the situations described. a) Janet is a HR Executive earning RM1,800 per month. She is 8 months pregnant and has been on sick leave for most of the last 2 months. The company wants her to start her maternity leave immediately. Mimi is a Production Executive earning RM5,000 per month. She is now 5 months pregnant and the company has persuaded her to take 42 days instead of 60 days of maternity leave. (10 marks) Answer: Janet income for every month is RM 1,800, thus, according to First Schedule; she is covered by the Employment Act because her wages do not exceed RM 2,000 per month. Besides that, referring to Section 37 (1), every female employee shall be entitled to maternity leave for a period of not less than 60 days in respect of each confinement. We will write a custom essay sample on Case Study Law or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Under this section also, there is a need to take a leave if a medical officer or the registered medical practitioner unable to perform her duties satisfactorily. The employee may be required to commence her maternity leave at any time during a period of 14 days preceding the date of her confinement as determined by medical officer or the registered medical practitioner. Next, under this section, there is also stated an employee shall not commence earlier than a period of 30 days immediately preceding the confinement of a female employee or later than the day immediately following her confinement. According to Section 60F, if Janet has been working for less than 2 years, she is entitled to get 14 days leave, 18 days if has been employed for 2 years and not more than 5 years, and 22 days for more than 5 years of service. 60 days if hospitalization is necessary, as may be certified by registered medical practitioner or medical officer. Thus, after 60 days have been used, it will be considered as unpaid leave. In conclusion, Janet has been on sick leave for most of 2 months, her employer may ask her to commerce the maternity leave 14 days before the confinement upon certified by registered medical practitioner or Janet may take the maternity leave prior to actual confinement for up to maximum 30 days before her due date. For the Mimi’s case, referring to Section 44A stated that the whole part on maternity protection is applicable to every female employee engaged under a contract of service irrespective of wages. According to First Schedule, she is not covered under the Employment Act because her wages exceed to RM 2,000 but under Section 69B, the powers of the Director General under section 69(1)(a) shall extend to employees whose wages per month exceed RM 1,500 but does not exceed RM 5,000 and the complaints must be on cash entitlement written in employment contract. Referring to Section 37(1), a female em ployee shall be entitled to maternity leave for a period of not less 60 consecutive days in respect of each confinement and entitled to receive from her employer a maternity allowance to be calculated. A female employee, who does not satisfy for maternity allowance, she may with the consent of employer, commence work at any time during the eligible period if she has been certified fit to resume work by a registered medical practitioner. Therefore, if Mimi is willing and fulfilled the condition to resume work by registered medical practitioner, she may take the 42 days instead of 60 days of maternity leave as requested by her company. b) Sulaiman is a driver with TZ Company Sdn Bhd. He was on annual leave on 12 13 June. 4 15 were Public Holidays. 16 was Sunday. On 17 18, the local bomoh gave him a sick certificate after treating him for the hallucinations that he had been having. When he came to work on the 19 June, the Personnel Manager said â€Å"you have self-terminated your employment†. (10 marks) Answer: Referring to First Schedule of Employment Act 1955, Sulaiman is covered by the Act because he is working as driver and engaged in the operation of any mechanically propelled vehicle operated for the transport of passengers or goods. According to Section 59, Sulaiman is entitled for rest day of 1 day in a week the or in the case of an employee engaged in shift work any continuous period of not less than 30 hours shall constitute a rest day. Thus, if Sulaiman’s rest day fall on Sunday, he is entitled to absent from work. For annual leave can be used under Section 60D where Sulaiman is entitled for paid annual leave upon working 12 month of service and depending on the length of service. days for employment period less than 2 years, 12 days for employment period more than 2 years but less than 5 years and 16 days for employment period of more than 5 years. According to Section 60F, Sulaiman is entitled to get sick leave depending on the length of employment period. 14 day for employment period less than 2 years, 18 days for employment period more than 2 years but less than 5 years and 22 days for employment period of more than 5 years. To be entitled to paid sick leave, employee should get the certified si ck by a registered medical practitioner. In this case, the local bomoh is not certified medical practitioner, therefore, Sulaiman’s sick certificate is invalid. In conclusion, according to Section 15, an employee shall be deemed to have broken his contract of service with the employer if he has been continuously absent from work form more than 2 consecutive days without prior leave from his employer, unless has reasonable excuse for such absence and has informed or attempted to inform his employer. The Personnel Manager said that Sulaiman had self-terminated his own employment can be refer under this section. Furthermore, Sulaiman do not submit valid sick certificate, thus he may state his excuse to the company for not being well to carrying out his duty on that day. QUESTION 2 a) List two (2) major employment laws. (5 marks) There are a number of employment laws in Malaysia such as Employment Act 1955 and Industrial Relations Act 1967. The Employment Act 1955 protect workers from exploitation and provides the minimum terms and conditions of services for employees that stated in the First schedule. This act is applicable to West Malaysia only. The Industrial Relations Act 1967 provide for the regulation of the relations between employers and workmen and their unions as well as laying down rules to help prevent and settle disputes between the two parties, thus ensuring peaceful industrial relations as far as possible. This act is applicable to whole country. b) Discuss the purpose of each law and the department in the Ministry of Human Resources responsible for enforcing each of these laws. (10 marks) Employment Act 1955 Employment Act 1955 is the most important legislation with regard to employment in Malaysia. It provides benefits for these workers covered by the Act. It has been established and given certain rights or benefits for both employer and employees. The purposes of Employment Act 1955 are to establish for certain rights or benefits for both employers and employees and to provide a minimum benefits for these workers covered by act. The Department of Labor in Peninsular Malaysia is responsible to ensuring all employers comply with the acts requirements. Among the functions carried out by this department are carries out impactions and prosecutes employers when necessary, advises an employer on government policies and their implementation on the workplace. Furthermore, the department of labor also investigates claims of unfair labor practices make the decision on an employee’ claims. On the other hand, the department of labor also responsible to answer the queries on employment acts and also assists in solving the problem. Industrial Relations Act 1967 The purpose of Industrial Relations Act 1967 is to provide for the regulation of the relations between employers and workmen and their trade unions. This act emphasizes on direct negotiation between employers and workmen or employees and their trade unions to settle their differences and to regulate their collective relationship and to settle any dispute arising therefrom though their own effort and through mutually agreed procedures with minimal government intervention. Under the Industrial Relation Act 1967, the legitimate rights of employers and workmen or employees and their trade are protected. This act also provides the procedure relating to submissions of claims for recognition and scope and representation of trade union and collective bargaining. The Department of Industrial Relations Malaysia is responsible in enforcing law in Industrial Relations Act 1967. The objectives are the promotion and maintenance of positive and harmonious relations between employers and employees and their respective trade union and organization. The function of Department of Industrial Relations Malaysia is to coordinate communication between the organizations of employers and workers’ organizations to promote and preserve the tripartite relationship between the government, employers and workers in the field of industrial relations. Providing advice to employers and employees to promote well and practices healthy industrial relations.   Discuss the differences between ‘contract of service’ and ‘contract for service’. 5 marks) According to section 2, contract of service is any agreement whether oral or in writing and whether express and implied, whereby one person agreed to employ another as an employee and that other agrees to serve his employer as an employee and includes an apprenticeship contract. In contract of service, there are relationship between employee and employer such as wages, hours of work, conditions of the service and other conditions that employees should serve to the em ployer. Contract for service is a contract between principal and contractor to carry out the whole or any part of any work undertaken by the principal in the course of or for the purposes of the principal’s trade or business. Contract for services refers to a person who provides his services to his clients. There is no employer and employee relationship. The person is usually self-employed or may provide his or her services on a freelance basis at a fee. b) Differentiate, with examples, express and implied terms in employment contracts. (10 marks) Employment contracts should be drafted in such a way that they are as clear and possible. The terms are the contents of the contract or the promises made by each party to the other. A contract of employment does not have to be in writing. The employment contracts must be carefully drafted that fulfill the certain criteria such as must compliant with the law, written in a language the employee can understand and includes all the necessary terms and conditions. There are two types of the terms in employment contract which are in express terms and implied terms. The express terms of a contract are usually found in letters of appointment, company handbook and collective agreement. Express term is a contract in which the terms of the employment are stated in words either agreed oral or written. According to section 10, a contract of service for a specified period of time exceeding one month shall be in writing. The requirement that need to be in an express terms of contract are job title, wages, holiday and leave entitlement and other terms that compliant to the employment law. The example of express terms is the employee should give termination notice to the employer according to the terms and conditions that are stated in offer letter or any agreed oral between the two parties. Another example is the employer should give the holiday entitlement or annual entitlement according mutual agreement between the employee and employer and any stated in offer letter and also company books. If a worker has no written letter of appointment, it does not mean that no contract of employment exists between him and his employer. It is call implied terms in employment contracts. These are not expressly or explicitly stated because in the main they are fairly obvious to both parties to the contract of employment. Implied terms include statutory rights, such as the right to equal pay and duties such as duty of care. Implied terms means the duties and obligation of both parties are not expressed but are implied by their acts or conducts. Both indicate by their conduct that they have a mutual agreement and need not express the agreement in words. The employer and employee have a duty of care towards each other and other employees. This means, for instance, that the employer should provide a safe working environment for the employee and the employee should use machinery safely. An employee has a duty to obey any reasonable instructions given by the employer. For example, a lorry driver should not be told to drive an uninsured or untaxed vehicle. There is no legal definition of reasonable, but it would not be reasonable to tell an employee to do something unlawful.