Download or read book Law and Persuasion the Language Behavior of Lawyers written by Walter Probert and published by . This book was released on with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Persuasion written by Linda L. Berger and published by Routledge. This book was released on 2017-08-07 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a central theme: legal persuasion results from making and breaking mental connections. This concept of making connections inspired the authors to take a rhetorical approach to the science of legal persuasion. That singular approach resulted in the integration of research from cognitive science with classical and contemporary rhetorical theory, and the application of these two disciplines to the real-life practice of persuasion. The combination of rhetorical analysis and cognitive science yields a new way of seeing and understanding legal persuasion, one that promises theoretical and practical gains. The work has three main functions. First, it brings together the leading models of persuasion from cognitive science and rhetorical theory, blurring boundaries and leveraging connections between the often-separate spheres of science and rhetoric. Second, it illustrates this persuasive synthesis by working through concrete examples of persuasion, demonstrating how to apply this new approach to the taking apart and the putting together of effective legal arguments. In this way, the book demonstrates the advantages of a deeper and more nuanced understanding of persuasion. Third, the volume assesses and explains why, how, and when certain persuasive methods and techniques are more effective than others. The book is designed to appeal to scholars in law, rhetoric, persuasion science, and psychology; to students learning the practice of law; and to judges and practicing lawyers who engage in persuasion.
Download or read book Language in the Judicial Process written by Judith N. Levi and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal realism is a powerful jurisprudential tradition which urges attention to sodal conditions and predicts their influence in the legal process. The rela tively recent "sodal sdence in the law" phenomenon, in which sodal research is increasingly relied on to dedde court cases is a direct result of realistic jurisprudence, which accords much significance in law to empirical reports about sodal behavior. The empirical research used by courts has not, how ever, commonly dealt with language as an influential variable. This volume of essays, coedited by Judith N. Levi and Anne Graffam Walker, will likely change that situation. Language in the Judicial Process is a superb collection of original work which fits weIl into the realist tradition, and by focusing on language as a key variable, it establishes a new and provocative perspective on the legal process. The perspective it offers, and the data it presents, make this volume a valuable source of information both for judges and lawyers, who may be chiefly concemed with practice, and for legal scholars and sodal sdentists who do basic research about law.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Winning Words written by Lucy V. Katz and published by Harcourt Brace Jovanovich Incorporated. This book was released on 1986 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Readings in Persuasion written by Linda H. Edwards and published by Aspen Publishing. This book was released on 2014-12-09 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative and riveting look at briefs from a highly respected author that can be used a primary text in an advanced legal writing class or as a secondary text in a basic legal writing course. The chapters can be taken in any order. In the first part of the book, individual chapters cover advanced legal writing topics such as rhetoric, voice, emotion, metaphor, and narrative. The second part of the book introduces famous cases, with the story of each case. Chapter introductions provide interesting insights, such as historical context, the story of the case and of the litigation of it, information about the lawyers who wrote the briefs on both sides, what the courts decided, and, where relevant, about what has happened since. Compelling content makes it easy to engage students while photos throughout enliven the text. Features: Highly respected author Flexibility can be used as core text in advanced legal writing with other materials secondary text in a basic legal writing course chapters can be taken in any order High-interest, engaging content Each chapter focuses on important legal writing topics rhetoric voice emotion metaphor narrative Features famous case Chapter introductions with compelling insights historical context the story of the case and its litigation information about the lawyers who wrote the briefs on both sides what the courts decided what has happened since Full-text cases and briefs offered on a companion website Photos that enliven the text
Download or read book Persuasive Legal Writing written by Louis J. Sirico Jr. and published by Aspen Publishing. This book was released on 2015-01-30 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Persuasive Legal Writing offers complete instruction, exercises, and examples to teach students how to frame and assert arguments. Starting with an introduction to classical rhetorical devices and the psychology of persuasion, the authors explore every aspect of persuasive writing, from structuring sentences and paragraphs to writing style, tone, storytelling, audience analysis, the ethics of argument, and citing authorities. This concise books features consistent emphasis on the three keys to persuasive writing: writing simply and clearly; arguing ethically; writing for the audience and offers information on how to use all parts of a brief to frame and assert an argument. Key New Features A new chapter on applying storytelling principles to legal argument A new chapter on using visuals in support of persuasive arguments New examples of empirical studies and analysis that support the lessons throughout the book New examples of particularly appealing use of language in Appendix A
Download or read book Lawyers Judges Semi Rational Beasts written by Daniel E. Holloway and published by Daniel Holloway. This book was released on 2020-01-22 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers, Judges & Semi-Rational Beasts surveys the cognitive science literature to distill the main findings that matter for persuasion in any context involving deliberative decision-making — with a focus on the legal context. The book assembles those findings into a coherent model of human decision-making and identifies foundational principles on which legal advocacy (or indeed, advocacy in most contexts) should be based. “You can spend the next 5 years reading every good book on persuasion, or you can read this one elegantly written book by Dan Holloway. But this is more than a summary of what others have written; it is a brilliant integration of what others have written into a powerful perspective on persuasion for the trial lawyer.” — Richard H. Friedman, Inner Circle of Advocates; co-author of Rules of the Road; author of Polarizing the Case and On Becoming a Trial Lawyer “Lawyers spend their careers attempting to persuade judges, jurors, clients, adversaries, and the press to adopt their positions — without giving sufficient thought to what would motivate those audiences to do so. Dan Holloway has drawn together a fascinating analysis of the inner workings of the human mind and how lawyers can apply that knowledge to persuade different types of thinkers. A valuable analytical tool for any attorney’s arsenal.” — Robert J. Dwyer, Boies Schiller Flexner LLP “In easy, engaging prose, this book provides indispensable light for anyone engaged in the foggy, mysterious work of persuasion. Every law firm should provide a copy to each of its lawyers.” — Lawrence B. Schlachter, MD, JD, Neurosurgeon (retired); medical malpractice attorney (active); author of Malpractice: A Neurosurgeon Reveals How Our Health-Care System Puts Patients at Risk “Crossing back and forth through the permeable membrane between the conscious and the unconscious realms where decisions sprout, Dan Holloway guides us on a meticulous, no-stone-unturned quest to reveal what determines how jurors or judges hear or read what the advocate speaks or writes. As Dan explains, persuasion is a matter not of proof, but of people: No one should be disappointed or disturbed to realize how little the “I” yammering away in your head actually controls. It’s mainly the unconscious self we love — the way you wear your hat, the way you sip your tea, the way you grin when your niece walks in . . . all the things you do without thinking about it. Those define you most. Those are the reasons people like you (or don’t). You hardly need me to say that all of this holds true as much for judges and law clerks and jurors as it does for you. Their responses to your brief or your trial presentation will derive largely from unconscious processes. Actually, Dan, we do need you to say it, and particularly in the depth and breadth of observation with which you have considered it in this book.” — Joshua Karton, communication and trial consultant; co-author of Theater for Trial with David Ball “Full of surprising facts and strikingly original observations, this book manages to combine sound practical advice for lawyers with a profound meditation on human thought, motivation, and behavior.” — Louis Michael Seidman, Carmack Waterhouse Professor of Constitutional Law, Georgetown University Law Center “A comprehensive study of the science and art of persuasion – boiled down to effective tools for winning over judges and juries (and your spouse and teenage child too).” — Mauricio Gonzalez, DLA Piper “The lessons and information Holloway provides would be valuable in any law school classroom. In particular, this book could serve as a key text in a stand-alone class on persuasion. It could also be a valuable supplemental resource in a variety of legal writing, clinical, and other courses that merge theory and practice.” — Ann Mallatt Killenbeck, Professor of Law, University of Arkansas “This book distills a library of cognitive science literature into a concise description of how human beings think and decide. Dan Holloway’s book provides the bedrock foundation from which all lawyers should work. It is required reading for anyone who wants to persuade.” — Lloyd N. Bell, medical malpractice attorney and member of the Inner Circle of Advocates
Download or read book Why Lawyers Behave As They Do written by Paul G. Haskell and published by Routledge. This book was released on 2018-03-08 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Why Lawyers Behave as They Do, Paul Haskell explains the professional rules that govern how lawyers behave and which permitor requireconduct that laypersons may find unethical. In his criticism of the traditional role of lawyers, Haskell proposes an alternativeand controversialmodel of behavior. Over the past five years, the American Bar Association and legal educators themselves have been expanding the discussion of professional responsibility. Traditionalists state that lawyers must maximize the gain for their client regardless of whether that means turning a blind eye to behavior or facts which may serve justice but hinder the clients case.In Why Lawyers Behave as They Do, Paul Haskell explains the professional rules that govern how lawyers behave and which permitor requireconduct that laypersons may find unethical. In his criticism of the traditional role of lawyers, Haskell proposes an alternativeand controversialmodel of behavior.
Download or read book A Winning Case written by Noelle C. Nelson and published by . This book was released on 1991 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lawyers Language written by Alfred Phillips and published by Routledge. This book was released on 2003-08-29 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interesting examination of law as language use or discourse, this study looks at the transformation of ordinary language into a special discourse for the purposes of the legal system. It is widely accepted that legal discourse is obscure, and often the public resent the fact that access to the law of the land is obstructed by the opaqueness of legal language. This book argues that the development and maintenance of law's special language can be justified. The myth that law can be written in either plain' or ordinary' language is exploded, and the linguistic obscurity of law is traced to its necessary complexity. The notion of representation is applied to the relation that exists between legal language and ordinary language.
Download or read book Persuasive Writing for Lawyers and the Legal Profession written by Louis J. Sirico and published by . This book was released on 2001 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rhetoric Persuasion and Modern Legal Writing written by Brian L. Porto and published by Rowman & Littlefield. This book was released on 2020-02-11 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classical rhetorical techniques can enhance the persuasiveness of Supreme Court opinions by making their language clear, lively, and memorable. This book focuses on three techniques—“invention” (creation of arguments), “arrangement” (organization), and “style” (word choice)—in the work of Oliver Wendell Holmes, Jr., Robert Jackson, Hugo Black, William Brennan, and Antonin Scalia, respectively. The justices featured here contributed to the Court’s rhetorical legacy in different ways, but all five rejected the magisterial opinion style of the eighteenth and nineteenth centuries in favor of a more personal and conversational format. As a result, their opinions have endured, and even modern readers who cannot recall the justices’ names understand and embrace the ideas expressed in their legal writings and apply those ideas to current debates. Practicing lawyers, professors, and students can use this book to study legal writing techniques and make their own writing more persuasive.
Download or read book Law Language and Communication written by Walter Probert and published by Springfield, Ill : Thomas. This book was released on 1972 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Communication in Legal Advocacy written by Richard D. Rieke and published by Univ of South Carolina Press. This book was released on 2022-03-07 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Communication in Legal Advocacy integrates work in legal theory, communication theory, social science research, and strategic planning to provide a comprehensive anaysis of the communication processes in trials. Responding to the emerging interest in alternative dispute resolution, the book situates the trial within the broadercontext of dispute resolution, calling attention to the ways in which negotiation, mediation, and arbitration interrelate with trials. This study bends traditional argumentative analyses such as the rational-world notions of adversary proceedings, presumption, burden of proof, and essential issues with contemporary ideas of narrative rationality. The volume offers the reader a practical and strategic guide to effective trial advocacy, and it provides theoretical insights into trials as socially sanctioned mechanisms of dispute resolution.
Download or read book The Language of the Law written by David Mellinkoff and published by Wipf and Stock Publishers. This book was released on 2004-05-13 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells what the language of the law is, how it got that way and how it works out in the practice. The emphasis is more historical than philosophical, more practical than pedantic.
Download or read book The Language of Judges written by Lawrence M. Solan and published by University of Chicago Press. This book was released on 2010-08-15 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since many legal disputes are battles over the meaning of a statute, contract, testimony, or the Constitution, judges must interpret language in order to decide why one proposed meaning overrides another. And in making their decisions about meaning appear authoritative and fair, judges often write about the nature of linguistic interpretation. In the first book to examine the linguistic analysis of law, Lawrence M. Solan shows that judges sometimes inaccurately portray the way we use language, creating inconsistencies in their decisions and threatening the fairness of the judicial system. Solan uses a wealth of examples to illustrate the way linguistics enters the process of judicial decision making: a death penalty case that the Supreme Court decided by analyzing the use of adjectives in a jury instruction; criminal cases whose outcomes depend on the Supreme Court's analysis of the relationship between adverbs and prepositional phrases; and cases focused on the meaning of certain words in the Constitution. Solan finds that judges often describe our use of language poorly because there is no clear relationship between the principles of linguistics and the jurisprudential goals that the judge wishes to promote. A major contribution to the growing interdisciplinary scholarship on law and its social and cultural context, Solan's lucid, engaging book is equally accessible to linguists, lawyers, philosophers, anthropologists, literary theorists, and political scientists.
