Rhetoric, Persuasion, and Modern Legal Writing

Rhetoric, Persuasion, and Modern Legal Writing PDF Author: Brian L. Porto
Publisher: Rowman & Littlefield
ISBN: 1498568920
Category : Law
Languages : en
Pages : 211

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Book Description
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.

Rhetoric, Persuasion, and Modern Legal Writing

Rhetoric, Persuasion, and Modern Legal Writing PDF Author: Brian L. Porto
Publisher: Rowman & Littlefield
ISBN: 1498568920
Category : Law
Languages : en
Pages : 211

Get Book Here

Book Description
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.

Introduction to Classical Legal Rhetoric

Introduction to Classical Legal Rhetoric PDF Author: Michael H. Frost
Publisher: Routledge
ISBN: 1351926322
Category : Law
Languages : en
Pages : 200

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Book Description
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.

The Legal Writing Handbook

The Legal Writing Handbook PDF Author: Laurel Currie Oates
Publisher: Aspen Publishers
ISBN: 9781567066951
Category : Legal composition
Languages : en
Pages : 0

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Book Description
Its effective process approach is the secret to THE LEGAL WRITING HANDBOOK's enduring popularity. By teaching students to progress through necessary stages -- pre-writing, drafting, editing, To final draft -- the authors lead them, step by step, To mastery of skills they will use throughout their careers. Shortened and tightened, but just as effective... Responding to user feedback, The authors have shortened and streamlined their material to make the book more accessible and easier to teach. it retains its basic structure and helps students become effective researchers and writers. The first part of the book covers the basics of the legal system - analyzing statutes and cases, and supplies chapters on writing the objective memorandum and trial and appellate briefs. The second part of the book offers resources to help students become effective researchers and writers. The authors explain that legal writing is both simple and complex. Although students must learn to organize information into well-established formats, they also need to exercise cretivity, insight, and judgment. THE LEGAL WRITING HANDBOOK brings together the three major components of effective legal writing-research, analysis, and writing - and disccus each from the most basic level to more sophisticated techniques. The book imparts the vital skills legal writers need to know: what matters most and what matters least what is effective what is persuasive what is extraneous and what is just plain irrelevant Changes in the Second Edition... a new section on style and grammar guidelines to aid students for whom English is a second language completely updated research section with more and better information on CALR more flexible coverage of persuasive writing treatment of the objective memorandum, divided into two chapters, with a new example that is easier to follow The Practice Book to accompany THE LEGAL WRITING HANDBOOK provides numerous exercises for students to utilize the skills they have learned. The invaluable Teacher's Manual helps instructors use the text for maximum effectiveness for a variety of course lengths. Together, these supplements provide additional material to assist in the efforts of both students and teachers.

Appeals in Modern Rhetoric

Appeals in Modern Rhetoric PDF Author: M. Jimmie Killingsworth
Publisher: SIU Press
ISBN: 9780809388264
Category : Language Arts & Disciplines
Languages : en
Pages : 194

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Book Description
Appeals in Modern Rhetoric: An Ordinary-Language Approach introduces students to current issues in rhetorical theory through an extended treatment of the rhetorical appeal, a frequently used but rarely discussed concept at the core of rhetorical analysis and criticism. Shunning the standard Aristotelian approach that treats ethos, pathos, and logos as modes of appeal, M. Jimmie Killingsworth uses common, accessible language to explain the concept of the rhetorical appeal—meaning the use of language to plead and to please. The result is a practical and innovative guide to understanding how persuasion works that is suitable for graduate and undergraduate courses yet still addresses topics of current interest to specialists. Supplementing the volume are practical and theoretical approaches to the construction and analysis of rhetorical messages and brief and readable examples from popular culture, academic discourse, politics, and the verbal arts. Killingsworth draws on close readings of primary texts in the field, referencing theorists to clarify concepts, while he decodes many of the basic theoretical constructs common to an understanding of identification. Beginning with examples of the model of appeals in social criticism, popular film, and advertising, he covers in subsequent chapters appeals to time, place, the body, gender, and race. Additional chapters cover the use of common tropes and rhetorical narrative, and each chapter begins with definitions of key concepts.

Rediscovering Rhetoric

Rediscovering Rhetoric PDF Author: Justin T. Gleeson
Publisher: Federation Press
ISBN: 9781862877054
Category : Law
Languages : en
Pages : 328

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Book Description
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.

Point Made

Point Made PDF Author: Ross Guberman
Publisher: Oxford University Press
ISBN: 0199943850
Category : Law
Languages : en
Pages : 426

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Book Description
In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.

Making Your Case

Making Your Case PDF Author: Antonin Scalia
Publisher: West Publishing Company
ISBN: 9780314184719
Category : Appellate procedure
Languages : en
Pages : 0

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Book Description
In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.

Decolonizing Rhetoric and Composition Studies

Decolonizing Rhetoric and Composition Studies PDF Author: Iris D. Ruiz
Publisher: Springer
ISBN: 1137527242
Category : Language Arts & Disciplines
Languages : en
Pages : 202

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Book Description
This book brings together Latinx scholars in Rhetoric and Composition to discuss keywords that have been misused or appropriated by forces working against the interests of minority students. For example, in educational and political forums, rhetorics of identity and civil rights have been used to justify ideas and policies that reaffirm the myth of a normative US culture that is white, Eurocentric, and monolinguistically English. Such attempts amount to a project of neo-colonization, if we understand colonization to mean not only the taking of land but also the taking of culture, of which language is a crucial part. The editors introduce the concept of epistemic delinking and argue for its use in conceptualizing a kind of rhetorical and discursive decolonization, and contributors offer examples of this decolonization in action through detailed work on specific terms. Specifically, they draw on their training in rhetoric and on their own experiences as people of color to help reset the field's agenda. They also theorize new keywords to shed light on the great varieties of Latinx writing, rhetoric, and literacies that continue to emerge and circulate in the culture at large, in the hope that the field will feel more urgently the need to recognize, theorize, and teach the intersections of writing, pedagogy, and politics.

Farnsworth's Classical English Rhetoric

Farnsworth's Classical English Rhetoric PDF Author: Ward Farnsworth
Publisher: David R. Godine Publisher
ISBN: 1567924670
Category : Education
Languages : en
Pages : 165

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Book Description
Ward Farnsworth details the timeless principles of rhetoric from Ancient Greece to the present day, drawing on examples in the English language of consummate masters of prose, such as Lincoln, Churchill, Dickens, Melville, and Burke.

The Art of Rhetoric (Collins Classics)

The Art of Rhetoric (Collins Classics) PDF Author: Aristotle
Publisher: HarperCollins UK
ISBN: 0007502648
Category : Philosophy
Languages : en
Pages : 242

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Book Description
HarperCollins is proud to present its incredible range of best-loved, essential classics.