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Legal Persuasion: A Rhetorical Approach to the Science

Legal Persuasion: A Rhetorical Approach to the Science

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781472464552
  • 出版时间 August 2017
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥434.28
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  • 描述 
  • 大纲 
  • 详细

    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.

  • I. Introduction
    Chapter 1: Making Connections
    Chapter 2: Thinking and Decision Making: Starting to Persuade
    II. Setting: Audience, Timing, and Location
    Chapter 3: The Judicial Audience
    Chapter 4: Kairos: Fitting Time and Place
    III. Invention: Stories, Metaphors, Analogies
    Chapter 5: Uncover Embedded Plots, Characters, and Images
    Chapter 6: Introduction to Storytelling
    Chapter 7: Telling Fact Stories Differently
    Chapter 8: Developing Law Stories
    Chapter 9: Making Intuitive Connections
    Chapter 10: Shape Connections: Familiar Analogies and Metaphors
    Chapter 11: Reinforce Favorable Connections: Arguing by Analogy
    Chapter 12: Break Unfavorable Connections: Novel Metaphors
    IV. Arrangement: Organization and Connection
    Chapter 13: Introduction to Priming: Story and Emotion
    Chapter 14: Priming Interpretations and Impressions
    Chapter 15: Introduction to Syllogistic Frameworks
    Chapter 16: Syllogistic and Analogical Case Arguments
    V. Connecting through Tone
    Chapter 17: Structuring Arguments to Appear Reasonable
    Chapter 18: Volunteering Adverse Information
    Chapter 19: The Trap of Attack
    VI. Conclusion
    Chapter 20: Putting It Together

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