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From Truth to Technique at Trial - A Discursive History of Advocacy Advice Texts (Hardcover)
Loot Price: R2,673
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From Truth to Technique at Trial - A Discursive History of Advocacy Advice Texts (Hardcover)
Series: Oxford Studies in Language and Law
Expected to ship within 12 - 17 working days
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From Truth to Technique addresses key questions raised by the
burgeoning literature in what Philip Gaines calls advocacy advice
texts-manuals, handbooks, and other how-to guides-written by
lawyers for lawyers, both practicing and aspiring, to help them be
as effective as possible in trial advocacy. In these texts, advice
authors share principles, strategies, and techniques for persuading
juries and winning cases. Some manuals even form the basis for
required advocacy courses in law schools. Unlike training manuals
in other professional domains-sales, leadership, management,
fundraising, coaching, etc.-advocacy advice texts offer guidance
for effectiveness in a realm of activity where the stakes may be
the very highest for the parties and where society has an abiding
interest in the truth being discovered and justice being done.
Helping advocates learn how to win cases may be the ultimate
purpose of advice texts, but to what extent are ideas about the
values of truth and justice-what Gaines calls
metavalues-incorporated into discussions about winning tactics and
techniques? To explore this question, Gaines takes the reader
through a discursive history of the relation between technique and
metavalues as presented in advocacy advice-beginning with a
thematic analysis of the first texts published in the
Anglo-American tradition in the early 17th century, through
treatises written during seasons of radical change in the
profession in the 18th and 19th centuries, and up to the present
day with a look at the more than 200 trial manuals currently in
print. This diacronic study reveals dramatic changes in the place
authors give to the metavalues of truth and justice when lawyers
advise other lawyers about how to be effective in the courtroom.
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