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Author : Anna Trosborg
Publisher : Gunter Narr Verlag
ISBN 13 : 9783823350897
Total Pages : 182 pages
Book Rating : 4.3/5 (58 download)
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:
Author : Kristen Konrad Tiscione
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 404 pages
Book Rating : 4.F/5 ( download)
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.
Author : Elizabeth Berenguer
Publisher : Policy Press
ISBN 13 : 1529226031
Total Pages : 315 pages
Book Rating : 4.5/5 (292 download)
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 315 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.
Author : Austin Sarat
Publisher : University of Michigan Press
ISBN 13 : 9780472083862
Total Pages : 354 pages
Book Rating : 4.0/5 (838 download)
Download or read book The Rhetoric of Law written by Austin Sarat and published by University of Michigan Press. This book was released on 1996-01-23 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVAn interdisciplinary critique of the relationship between words and the law /div
Author : Linda L. Berger
Publisher : Routledge
ISBN 13 : 1351623699
Total Pages : 316 pages
Book Rating : 4.3/5 (516 download)
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.
Author : William M. O'Barr
Publisher : Elsevier
ISBN 13 : 1483297713
Total Pages : 208 pages
Book Rating : 4.4/5 (832 download)
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 208 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.
Author : Brian G. Slocum
Publisher : University of Chicago Press
ISBN 13 : 022660179X
Total Pages : 268 pages
Book Rating : 4.2/5 (266 download)
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.
Author : Peter Schneck
Publisher : Walter de Gruyter
ISBN 13 : 3110253771
Total Pages : 301 pages
Book Rating : 4.1/5 (12 download)
Download or read book Rhetoric and Evidence written by Peter Schneck and published by Walter de Gruyter. This book was released on 2011-10-27 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book traces the changing relation and intense debates between law and literature in U.S. American culture, using examples from the 18th to the 20th century (including novels by Charles Brockden Brown, James Fenimore Cooper, Harper Lee, and William Gaddis). Since the early American republic, the critical representation of legal matters in literary fictions and cultural narratives about the law served an important function for the cultural imagination and legitimation of law and justice in the United States. One of the most essential questions that literary representations of the law are concerned with, the study argues, is the unstable relation between language and truth, or, more specifically, between rhetoric and evidence. In examining the truth claims of legal language and rhetoric and the evidentiary procedures and protocols which are meant to stabilize these claims, literary fictions about the law aim to provide an alternative public discourse that translates the law's abstractions into exemplary stories of individual experience. Yet while literature may thus strive to institute itself as an ethical counter narrative to the law, in order to become, in Shelley’s famous phrase “the legislator of the world”, it has to face the instability of its own relation to truth. The critical investigation of legal rhetoric in literary fiction thus also and inevitably entails a negotiation of the intrinsic value of literary evidence.
Author : Michael R. Smith
Publisher : Aspen Publishing
ISBN 13 : 1454819170
Total Pages : 713 pages
Book Rating : 4.4/5 (548 download)
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.
Author : Austin Sarat
Publisher : Cambridge University Press
ISBN 13 : 1316791025
Total Pages : 159 pages
Book Rating : 4.3/5 (167 download)
Download or read book Rhetorical Processes and Legal Judgments written by Austin Sarat and published by Cambridge University Press. This book was released on 2016-09-01 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last several decades legal scholars have plumbed law's rhetorical life. Scholars have done so under various rubrics, with law and literature being among the most fruitful venues for the exploration of law's rhetoric and the way rhetoric shapes law. Today, new approaches are shaping this exploration. Among the most important of these approaches is the turn toward history and toward what might be called an 'embedded' analysis of rhetoric in law. Historical and embedded approaches locate that analysis in particular contexts, seeking to draw our attention to how the rhetorical dimensions of legal life works in those contexts. Rhetorical Processes and Legal Judgments seeks to advance that mode of analysis and also to contribute to the understanding of the rhetorical structure of judicial arguments and opinions.
Author : Brian L. Porto
Publisher : Lexington Books
ISBN 13 : 1498568920
Total Pages : 211 pages
Book Rating : 4.4/5 (985 download)
Download or read book Rhetoric, Persuasion, and Modern Legal Writing written by Brian L. Porto and published by Lexington Books. This book was released on 2020-02-28 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.
Author : John M. Conley
Publisher : University of Chicago Press
ISBN 13 : 022648453X
Total Pages : 262 pages
Book Rating : 4.2/5 (264 download)
Download or read book Just Words written by John M. Conley and published by University of Chicago Press. This book was released on 2019-05-10 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Author : Michael Freeman
Publisher : OUP Oxford
ISBN 13 : 0191654671
Total Pages : 640 pages
Book Rating : 4.1/5 (916 download)
Download or read book Law and Language written by Michael Freeman and published by OUP Oxford. This book was released on 2013-02-21 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Language, the fifteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between language and the law. The issues examined in this book range from problems of interpretation and beyond this to the difficulties of legal translation, and further to non-verbal expression in a chapter tracing the use of sign language at the Old Bailey; it examines the role of language and the law in a variety of literary works, including Hamlet; and considers the interrelation between language and the law in a variety of contexts, including criminal law, contract law, family law, human rights law, and EU law.
Author : Joanna Kopaczyk
Publisher : Oxford University Press
ISBN 13 : 0199945160
Total Pages : 336 pages
Book Rating : 4.1/5 (999 download)
Download or read book The Legal Language of Scottish Burghs written by Joanna Kopaczyk and published by Oxford University Press. This book was released on 2013-07-16 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an innovative, corpus-driven approach to historical legal discourse. It is the first monograph to examine textual standardization patterns in legal and administrative texts on the basis of lexical bundles, drawing on a comprehensive corpus of medieval and early modern legal texts. The book's focus is on legal language in Scotland, where law--with its own nomenclature and its own repertoire of discourse features--was shaped and marked by the concomitant standardizing of the vernacular language, Scots, a sister language to the English of the day. Joanna Kopaczyk's study is based on a unique combination of two methodological frameworks: a rigorous corpus-driven data analysis and a pragmaphilological, context-sensitive qualitative interpretation of the findings. Providing the reader with a rich socio-historical background of legal discourse in medieval and early modern Scottish burghs, Kopaczyk traces the links between orality, community, and law, which are reflected in discourse features and linguistic standardization of legal and administrative texts. In this context, the book also revisits important ingredients of legal language, such as binomials or performatives. Kopaczyk's study is grounded in the functional approach to language and pays particular attention to referential, interpersonal, and textual functions of lexical bundles in the texts. It also establishes a connection between the structure and function of the recurrent patterns, and paves the way for the employment of new methodologies in historical discourse analysis.
Author : Maurizio Gotti
Publisher : Peter Lang
ISBN 13 : 9783039117321
Total Pages : 252 pages
Book Rating : 4.1/5 (173 download)
Download or read book Investigating Specialized Discourse written by Maurizio Gotti and published by Peter Lang. This book was released on 2008 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maurizio Gotti analyses the various features of specialized discourse in order to assess its degree of specificity and diversification, as compared to general language. Prior to any analysis of such traits, the notion of specialized discourse and its distinctive properties are clarified.
Author : John M. Conley
Publisher : University of Chicago Press
ISBN 13 : 9780226114880
Total Pages : 236 pages
Book Rating : 4.1/5 (148 download)
Download or read book Just Words, Second Edition written by John M. Conley and published by University of Chicago Press. This book was released on 2005-06-20 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 1998.
Author : Vijay Kumar Bhatia
Publisher : Peter Lang
ISBN 13 : 9783039114702
Total Pages : 358 pages
Book Rating : 4.1/5 (147 download)
Download or read book Language, Culture and the Law written by Vijay Kumar Bhatia and published by Peter Lang. This book was released on 2008 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume presents a set of invited papers based on analyses of legal discourse drawn from a number of international contexts where often the English language and legal culture has had to adjust to legal concepts very different from those of the English law system. Many of the papers were inspired by two major projects on legal language and inter-multiculturality: Generic Integrity in Legislative Discourse in Multilingual and Multicultural Contexts based in Hong Kong and carried out by an international team and Interculturality in Domain-specific English, a national project supported by the Italian Ministry for Education and Research, involving research units from five Italian universities
