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Rhetoric, Persuasion, and Modern Legal Writing - The Pen Is Mightier (Hardcover)
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Rhetoric, Persuasion, and Modern Legal Writing - The Pen Is Mightier (Hardcover)
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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.
Because of this, their opinions have endured, at least in part, and
while modern speakers may not recall the authors, they understand
and embrace the ideas expressed in their legal writings and
continue to apply it to current debates. This book can be used by
practicing lawyers as well as academics not only to study legal
writing techniques but also as a tool to improve their own.
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