Legal Persuasion

Legal Persuasion
Author: Linda L. Berger
Publisher: Routledge
Total Pages: 316
Release: 2017-08-07
Genre: Law
ISBN: 1351623699

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.

Rhetoric, Persuasion, and Modern Legal Writing

Rhetoric, Persuasion, and Modern Legal Writing
Author: Brian L. Porto
Publisher: Rowman & Littlefield
Total Pages: 211
Release: 2020-02-11
Genre: Law
ISBN: 1498568920

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.

Advanced Legal Writing

Advanced Legal Writing
Author: Michael R. Smith
Publisher: Aspen Publishing
Total Pages: 713
Release: 2014-11-12
Genre: Law
ISBN: 1454819170

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.

Making Your Case

Making Your Case
Author: Antonin Scalia
Publisher: West Publishing Company
Total Pages: 0
Release: 2008
Genre: Appellate procedure
ISBN: 9780314184719

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.

Persuasive Legal Writing

Persuasive Legal Writing
Author: Louis J. Sirico Jr.
Publisher: Aspen Publishing
Total Pages: 360
Release: 2015-01-30
Genre: Law
ISBN: 1454860782

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

Rhetoric for Legal Writers

Rhetoric for Legal Writers
Author: Kristen Konrad Tiscione
Publisher:
Total Pages: 0
Release: 2016
Genre: English language
ISBN: 9781634602662

Softbound - New, softbound print book.

Your Client's Story

Your Client's Story
Author: Ruth Anne Robbins
Publisher: Aspen Publishing
Total Pages: 469
Release: 2018-11-06
Genre: Law
ISBN: 154380540X

Your Client’s Story: Persuasive Legal Writing centers on the foundations of advocating for a client, with a focus on ways to persuade the reader to grant the relief each client seeks. That sets it apart from other legal writing textbooks, which mainly organize around parts of an appellate brief. Organized to reflect the client-advocacy process that results in written documents, the text begins with meeting the client, moves to investigating the facts, and then provides guidance on analyzing and choosing the appropriate persuasive strategy. The material is rooted in concepts of narrative theory, brain science, and cognitive psychology. The book is written in an easy-to-read, conversational style to guide students through an explanation that classical rhetoric and modern persuasion theory provide the foundation for memorable legal writing. Coverage includes both the trial and appellate levels. By focusing on the process of persuasion, Your Client’s Story: Persuasive Legal Writing creates strong connections between the first-year objectives and the upper-level skills, externship, and clinic courses. Editable versions of the sample briefs appear in the appendices so that professors can tailor them to individual needs. New to the Second Edition: A new chapter on logical fallacies, unique among legal coursebooks, categorizing and describing 16 common logical fallacies, providing examples and guidance on how to spot and avoid them A new chapter on reasoning with facts (inferential reasoning), covering fact synthesis, weight of facts, and drawing negative inferences from the absence of critical facts Expanded coverage of how to write a powerful conclusion to your brief Professors and students will benefit from: This book focuses on the question, “How can the lawyer persuade the audience through legal writing?” rather than “What does a brief look like?” This book puts the facts first. It is the only text on the market to devote several chapters to factual research, fact synthesis, and reasoning with facts. The client-centered focus makes this textbook unique in the legal writing market. By learning how to effectively tell “Your Client’s Story,” this book helps students stay grounded in client-based advocacy. The book includes more extensive coverage of visual design than competing books, including a discussion of visualized legal reasoning. The authors have individually and collective written germinal legal scholarship about legal narrative and legal document design. The authors are all prior presidents of the Legal Writing Institute. One of them is the co-editor-in-chief of the legal journal devoted to publishing persuasive-writing articles for practicing attorneys.

Readings in Persuasion

Readings in Persuasion
Author: Linda H. Edwards
Publisher: Aspen Publishing
Total Pages: 485
Release: 2014-12-09
Genre: Law
ISBN: 145482154X

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

Property And Persuasion

Property And Persuasion
Author: Carol M Rose
Publisher: Routledge
Total Pages: 289
Release: 2019-09-05
Genre: Social Science
ISBN: 1000308359

With socialism largely discredited in recent years, the moral and legal status of private property has become an increasingly important area for discussion in contemporary political and social thought. Offering a contribution to legal theory, and to political and social philosophy, this work examines the two currently dominant traditions - those of neo-conservative utilitarianism and liberal communitarianism - emphasizing the strengths of both approaches and laying the groundwork for a theory to bridge the gap between them.