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Rhetoric, Persuasion, and Modern Legal Writing - The Pen Is Mightier (Paperback)
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Rhetoric, Persuasion, and Modern Legal Writing - The Pen Is Mightier (Paperback)
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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. 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.
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