| Title | Rhetoric in the Court: Averroes on Testimonial Witnessing and Oaths |
| Type | Book Section |
| Language | English |
| Date | 2018 |
| Published in | Commenting on Aristotle’s Rhetoric from Antiquity to the Present / Commenter la Rhétorique d’Aristote, de l’Antiquité à la période contemporaine |
| Pages | 64–88 |
| Categories | Commentary, Law |
| Author(s) | Feriel Bouhafa |
| Publisher(s) | |
| Translator(s) |
| Looking at the reception of Aristotle’s Rhetoric in the Arabic tradition, particularly Averroes’ Middle commentary on Aristotle’s Rhetoric (Talḫīṣ al-ḫaṭāba), I discern the impact of the Islamic legal context on the commentator’s reading of Aristotle’s theory of rhetoric. Placing Averroes’ interpretive enterprise within the context of Islamic governance has already been highlighted, particularly the role of Islamic law in his conception of the political role of rhetoric. Such attention to Islamic law, however, has often been conceived in a theoretical fashion, without attesting to the concrete and epistemological basis of legal practices of the courts. Focusing on Averroes’ discussion of the role of rhetoric in the judicial discourse, I address the impact of Islamic legal procedures known as the rules of evidence: witnesses and oaths and their modus operandi in the court, in shaping Averroes’ conception of the political role of rhetoric. Accounting for Islamic rules of evidence, I argue that Averroes ascribes a practical role to rhetoric in the court in order to establish a consensus in the implementation of justice. In so doing, Averroes oversteps his role as commentator and rather draws from his own practical concerns over the implementation of justice in the court as a legal practitioner: the Qāḍī of Cordova. |
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| Title | Rhetoric in the Court: Averroes on Testimonial Witnessing and Oaths |
| Type | Book Section |
| Language | English |
| Date | 2018 |
| Published in | Commenting on Aristotle’s Rhetoric from Antiquity to the Present / Commenter la Rhétorique d’Aristote, de l’Antiquité à la période contemporaine |
| Pages | 64–88 |
| Categories | Commentary, Law |
| Author(s) | Feriel Bouhafa |
| Publisher(s) | |
| Translator(s) |
| Looking at the reception of Aristotle’s Rhetoric in the Arabic tradition, particularly Averroes’ Middle commentary on Aristotle’s Rhetoric (Talḫīṣ al-ḫaṭāba), I discern the impact of the Islamic legal context on the commentator’s reading of Aristotle’s theory of rhetoric. Placing Averroes’ interpretive enterprise within the context of Islamic governance has already been highlighted, particularly the role of Islamic law in his conception of the political role of rhetoric. Such attention to Islamic law, however, has often been conceived in a theoretical fashion, without attesting to the concrete and epistemological basis of legal practices of the courts. Focusing on Averroes’ discussion of the role of rhetoric in the judicial discourse, I address the impact of Islamic legal procedures known as the rules of evidence: witnesses and oaths and their modus operandi in the court, in shaping Averroes’ conception of the political role of rhetoric. Accounting for Islamic rules of evidence, I argue that Averroes ascribes a practical role to rhetoric in the court in order to establish a consensus in the implementation of justice. In so doing, Averroes oversteps his role as commentator and rather draws from his own practical concerns over the implementation of justice in the court as a legal practitioner: the Qāḍī of Cordova. |
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