Legal Rhetoric in Social-Historical Context: Macro Function under the View of Community Construction

Legal rhetoric embodied in legal practice as a micro function of judicial mean of proof, and, at the same time, as a macro social function, which is required to be examined in its social-historical context. The classical exposition of legal rhetoric emphasizes its combination with politics, social practice and, especially, the background of democratic system of politics in city-states. The more important background is an imaginary community constructed on the basis of political and cultural background of the whole society. Only in such a community, can legal rhetoric communicate people’s imagination to form a consensus. The performance of rhetoric becomes possible because of the existence of the community, while legal rhetoric becomes a means of constructing community. Legal rhetoric makes it possible to form a cultural-political community in society, thereby to provide a basis for government by law, through the imaging community and with the help of the shared consensus of society constructed by the imagination of faith and narration.