Rhetoric and Argumentation in the Pandemic Legislation: The Italian Case

Abstract

AbstractThis chapter examines the argumentative and rhetorical structure of the regulatory techniques used to deal with the SARS-CoV-2 pandemic in Italy. The first part of the chapter aims to clarify the connection between law and rhetoric, in order to provide a framework in which the legislative activity has operated. After analyzing critical aspects of the chosen regulatory tools, we will focus on the three most innovative elements of the pandemic legislation: the frequent use of images, the sporadic presence of sanctions, and the relevant role of experts. In the second part, an analysis of the fundamental traits of visual argumentation will be presented to highlight the fact that the use of images, during the pandemic period, has become a political-normative technique, which is never a neutral tool, but is always subject to interpretation and endowed with a notable rhetorical value. Given the sporadic presence of sanctions, the second section will analyze the argumentative strengthening applied by the legislator in order to promote the obedience of the recipients of the measures. Finally, we will examine the involvement of experts in the justificatory activity of the legislator, and the need for them to acquire legislative legitimacy through a rhetorical-argumentative relationship with citizens.