Download or read book Rhetorical Strategies in Legal Language written by Anna Trosborg and published by Gunter Narr Verlag. This book was released on 1997 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Critical and Comparative Rhetoric written by Elizabeth Berenguer and published by Policy Press. This book was released on 2023-06-30 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the lenses of comparative and critical rhetoric, this book theorizes how alternative approaches to communication can transform legal meanings and legal outcomes, infusing them with more inclusive participation, equity and justice. Viewing legal language through a radical lens, the book sets aside longstanding norms that derive from White and Euro-centric approaches in order to re-situate legal methods as products of new rhetorical models that come from diasporic and non-Western cultures. The book urges readers to re-consider how they think about logic and rhetoric and to consider other ways of building knowledge that can heal the law’s current structures that often perpetuate and reinforce systems of privilege and power.
Download or read book Introduction to Classical Legal Rhetoric written by Michael H. Frost and published by Routledge. This book was released on 2017-03-02 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern theories on the topic. Beginning with Aristotle's Rhetoric and culminating with Cicero's De Oratore and Quintilian's Institutio Oratoria, Greek and Roman rhetoricians created a clear, experience-based theoretical framework for analyzing legal discourse. This book is the first to systematically examine the connections between classical rhetoric and modern legal discourse. It traces the history of legal rhetoric from the classical period to the present day and shows how modern theorists have unknowingly benefited from the classical works. It also applies classical rhetorical principles to modern appellate briefs and judicial opinions to demonstrate how a greater familiarity with the classical sources can deepen our understanding of legal reasoning.
Download or read book Linguistic Evidence written by William M. O'Barr and published by Elsevier. This book was released on 2014-05-19 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the permission of a North Carolina court, more than 150 hours of courtroom speech were recorded for this study. These tapes provided a rich archive for a variety of different types of inquiry, including the ethnography of courtroom speech and social psychological experiments focused on effects of different modes of presenting information in courts of law. Four sets of linguistic variables and related experimental studies have constituted a major portion of the research: (1) "powerful" versus "powerless" speech; (2) hypercorrect versus formal speech; (3) narrative versus fragmented testimony, and (4) simultaneous speech by witnesses and lawyers. All four sets of studies focus on the central question of importance of form over content of testimony.
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 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 Rhetorical Processes and Legal Judgments written by Austin Sarat and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed analysis offers new perspectives on rhetoric and law from distinguished scholars.
Download or read book New Rhetorics for Contemporary Legal Discourse written by Condello Angela Condello and published by Edinburgh University Press. This book was released on 2020-03-18 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? Bringing together an international range of legal scholars, this collection takes a diachronic approach and addresses these questions from the perspective of contemporary legal discourse. It explores the changes in legal form and transmission that have been generated both by globalisation and by common law's irreversible encounter with the civilian methods of European law. It explores how, in the contemporary legal discourse, exemplarity - and all rhetoric processes based on the general-particular dichotomy more generally - regained relevance. In doing so, it highlights the centrality of the example and proposes the development of new rhetorical approaches better suited to today's legal practices which operate in a globalised field.
Download or read book Justice Scalia written by Brian G. Slocum and published by University of Chicago Press. This book was released on 2019-03-06 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
Download or read book Rhetoric for Legal Writers written by Kristen Konrad Tiscione and published by West Academic Publishing. This book was released on 2009 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book is intended for use by writing professors who want to inject more substance into their first-year legal research and writing course, as well as advanced legal writing students and upper-class students taking a seminar on rhetoric. The book is divided into two main sections: The first section examines rhetorical theory and its impact on legal argument from the time of ancient Greece to date. The second section, organized by the canons of classical rhetoric, discusses practical applications of rhetorical theory to the specific task of learning to think and write like a lawyer in the twenty-first century. By fusing theory and practice, a legal writer acquires depth-the ability to analyze an issue effectively using all available resources-as well as breadth-the ability to transfer her talent from one context to another. Each chapter includes questions for consideration by the students as well as samples exercises and suggested answers.
Download or read book Reimagining Advocacy written by Elizabeth C. Britt and published by Penn State Press. This book was released on 2018-05-17 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic violence accounts for approximately one-fifth of all violent crime in the United States and is among the most difficult issues confronting professionals in the legal and criminal justice systems. In this volume, Elizabeth Britt argues that learning embodied advocacy—a practice that results from an expanded understanding of expertise based on lived experience—and adopting it in legal settings can directly and tangibly help victims of abuse. Focusing on clinical legal education at the Domestic Violence Institute at the Northeastern University School of Law, Britt takes a case-study approach to illuminate how challenging the context, aims, and forms of advocacy traditionally embraced in the U.S. legal system produces better support for victims of domestic violence. She analyzes a wide range of materials and practices, including the pedagogy of law school training programs, interviews with advocates, and narratives written by students in the emergency department, and looks closely at the forms of rhetorical education through which students assimilate advocacy practices. By examining how students learn to listen actively to clients and to recognize that clients have the right and ability to make decisions for themselves, Britt shows that rhetorical education can succeed in producing legal professionals with the inclination and capacity to engage others whose values and experiences diverge from their own. By investigating the deep relationship between legal education and rhetorical education, Reimagining Advocacy calls for conversations and action that will improve advocacy for others, especially for victims of domestic violence seeking assistance from legal professionals.
Download or read book Advanced Legal Writing written by Michael R. Smith and published by Aspen Publishing. This book was released on 2014-11-12 with total page 713 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a practical focus on persuasive writing strategies, Advanced Legal Writing: Theory and Strategies in Persuasive Writing explores three classical techniques: logos, pathos, and ethos, and provides students with a thorough introduction to the elements of rhetorical style. Unlike many other advanced legal writing texts, which tend to focus on a document-specific approach, this unique coursebook focuses on classical writing strategies that students can apply to a wide range of settings. The depth and scope of this text make it appropriate for upper-level legal writing courses. The Third Edition has been expanded to include the use of movies and other popular culture media in chapters dealing with literary references. There have also been substantial revisions to the chapter on policy. Features: Comprehensive coverage of the technical aspects of rhetorical style: metaphor, literary allusion, and figures of speech. Emphasizes theory as well as practice, building on three basic strategies of persuasive legal writing: Logos: Logic and rational argument. o Pathos: Value-based argument. Ethos: Establishing credibility. Highlights interdisciplinary contributions to persuasive writing from diverse fields, including cognitive psychology, classical rhetoric, and morality theory. Presents effective strategies that extend beyond the trial or appellate brief to a broad range of documents and settings. Covers new developments in cognitive psychology, pathos, persuasion, and the role of metaphor in persuasive legal writing. Depth and scope appropriate for upper-level legal writing classes. Thoroughly updated, the revised Third Edition offers: Substantial revisions to the chapter on policy. Expanded chapters on literary references now include other media, e.g., movies and other pop culture platforms.
Download or read book The Legal Writing Workshop written by Katie Rose Guest Pryal and published by . This book was released on 2015-02-20 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In The legal writing workshop : using rhetoric to make your strongest case, two professors of law and rhetoric give you strategies to address any legal writing task from start to finish. Pryal and Jack help lawyers and legal professionals develop a thorough system for writing and speaking, one that addresses a lawyer's full spectrum of writing concerns, from beating writer's block to developing eloquent style and arguing ethically for any given case. Pryal and Jack use a unique combination of ancient techniques and cutting-edge research on rhetoric, writing, and law to give every lawyer and legal professional the tools to write effectively."--Back cover.
Download or read book Advanced Legal Writing written by Michael R. Smith and published by . This book was released on 2008 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a practical focus on persuasive writing strategy, Michael R. Smith identifies and explores three processes of persuasive writing—logos, pathos, and ethos—and provides a thorough introduction To The elements of rhetorical style. Using detailed how-to guides and plenty of examples, The author’s distinctive approach to persuasive writing examines: technical aspects of rhetorical style: metaphor, literary allusion, figures of speech, and graphic design three basic processes of persuasive legal writing strategy: Logos: logic and rational argument Pathos: value-based argument Ethos: establishing credibility interdisciplinary contributions to persuasive writing from fields such as cognitive psychology, classical rhetoric, and morality theory effective strategies that extend beyond the trial or appellate brief to a broad range of documents and settings in the Second Edition, The reader will find: a new organization that puts a greater emphasis on practice and relatively less on theory for each of the three processes of persuasive writing strategy a new six-Part organization: I. Introduction II. Logos Strategies III. Pathos Strategies IV. Ethos Strategies V. Rhetorical Style VI. The Ethics and Morality of Persuasion coverage of new developments in cognitive psychology, Pathos persuasion, And The role of metaphor in persuasive legal writing. the same manageable length For a complete examination of the technique and strategy behind persuasive writing, Smith’s text strikes the right balance of depth and scope for upper-level legal writing courses.
Download or read book Frameworks for Discursive Actions and Practices of the Law written by Jan Engberg and published by Cambridge Scholars Publishing. This book was released on 2019-01-15 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides descriptive and interpretive insights into the ‘living’ usage of language and other semiotic modes in building and performing the law across academic, professional and institutional contexts, where issues arise from the meaning and function of legal texts, discourse and genre in constituting and enabling conventions, albeit dynamically, and account for the socially and (inter)culturally influenced forms of discursive actions and practices. The twenty contributions included here weave significant contexts and situations for legal discourse and practice into a tight thread, and justify selected topic areas through a variety of approaches, frameworks, methodologies, and procedures. As such, this publication is multidimensional and multiperspectival in its design and implementation of key issues confronting discursive actions and practices of the law, and provides an invaluable resource for academics in a wider range of disciplines, including linguistics, applied linguistics and communication studies. It will also be of interest to students of interdisciplinary discourse analysis.
Download or read book Persuasive Legal Writing written by Louis J. Sirico (Jr.) and published by Aspen Publishing. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Now in its Fourth Edition, 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, authors Sirico and Schultz unpack every aspect of persuasive writing - from structuring sentences and paragraphs to writing style, tone, storytelling, audience analysis, the ethics of argument, and citation. It's all here, in one remarkably concise volume. Persuasive Legal Writing features: Consistent emphasis on key elements of persuasive writing 1. writing simply and clearly 2. arguing ethically 3. writing for your audience; Structuring your writing to focus attention on the argument; How to achieve an appropriately assertive tone; When and how to cite authorities to support your argument; How to make equity and policy arguments; A helpful summary of common pitfalls in persuasive writing; Generous use of examples throughout; Integrated writing exercises for developing advocacy skills; A capstone exercise at the end of the book; An attractive new cover and interior design; Enhanced and streamlined examples that are even more student friendly; Examples from briefs and court opinions; A chapter on narrative and storytelling in persuasive writing. New to the Fourth Edition: Two new chapters devoted to applying storytelling principles to legal argument and using visuals in support of persuasive arguments; Recent empirical studies with analyses to elucidate important concepts; Additional examples of use of language and writing style in persuasive rhetoric"--Unedited summary from book cover.
Download or read book Rediscovering Rhetoric written by Justin T. Gleeson and published by Federation Press. This book was released on 2008 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rhetoric is ubiquitous in modern discourse: from arguments delivered in the High Court, to advertisements disseminated in the high street. For the legal and political advocate, persuasion is also a professional technique that must be perfected properly to practise each art. In contrast with the classical era and the middle ages, in which grammar, rhetoric and dialectic were basic features of all education, modern curricula almost entirely neglect any theoretical study of the methods of rhetoric. Rediscovering Rhetoric re-introduces to modern practitioners and students a grasp of the speeches, writings and methodologies of the great classical scholars of rhetoric. Part 1 - Law and Language in the Greco-Roman Tradition provides a contextualised introduction to significant theorists of rhetoric in the classical period, and consists of four chapters written by practising barristers and a current Justice of the Federal Court of Australia. Part 2 - The Practice of Persuasion comprises essays by practitioners distinguished in their pursuit of legal persuasion - one former and two current Justices of the High Court of Australia - illuminating their experiences of argument from the perspective of both bench and bar. Part 3 - The Politics of Persuasion performs a similar function to Part 2, in the related domain of politics. It includes a chapter by Graham Freudenberg, former speechwriter for Gough Whitlam and others. Together the three parts provide a unique inter-disciplinary perspective on the theory and practice of legal and political persuasion. Published in association with the NSW Bar Association.
