Joel Trachtman's book presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law. If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself.
A noted attorney gives detailed instructions on winning arguments, emphasizing such points as learning to speak with the body, avoiding being blinding by brilliance, and recognizing the power of words as a weapon.
Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You’re not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic—without realizing it—because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.” In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s—and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.
In the second edition of this witty and infectious book, Madsen Pirie builds upon his guide to using - and indeed abusing - logic in order to win arguments. By including new chapters on how to win arguments in writing, in the pub, with a friend, on Facebook and in 140 characters (on Twitter), Pirie provides the complete guide to triumphing in altercations ranging from the everyday to the downright serious. He identifies with devastating examples all the most common fallacies popularly used in argument. We all like to think of ourselves as clear-headed and logical - but all readers will find in this book fallacies of which they themselves are guilty. The author shows you how to simultaneously strengthen your own thinking and identify the weaknesses in other people arguments. And, more mischievously, Pirie also shows how to be deliberately illogical - and get away with it. This book will make you maddeningly smart: your family, friends and opponents will all wish that you had never read it. Publisher's warning: In the wrong hands this book is dangerous. We recommend that you arm yourself with it whilst keeping out of the hands of others. Only buy this book as a gift if you are sure that you can trust the recipient.
Forming effective arguments is essential to students′ success in academics and in life. This book′s engaging lessons offer an innovative approach to teaching this critical and transferable skill.
From renowned trial attorney and New York Times bestselling author Gerry Spence: a must own book for every lawyer and business professional seeking to make cutting-edge winning presentations--in court, at work, everywhere, any time. Gerry Spence is perhaps America's most renowned and successful trial lawyer, a man known for his deep convictions and his powerful courtroom presentations when he argues on behalf of ordinary people. Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since 1969. In Win Your Case, Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself. Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument. To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument. Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.
The Skills of Argument presents a comprehensive empirical study of informal reasoning as argument, involving subjects across the life span. Subjects ranging in age from adolescence to late adulthood were asked to describe their views on social problems that people have occasion to think and talk about in everyday life, such as crime and unemployment. In addition to providing supporting evidence for their theories, subjects were asked to contemplate alternative theories and counterarguments and to evaluate new evidence on the topics. This is the first major study of informal reasoning across the life span. Highlighting the importance of argumentive reasoning in everyday thought, the book offers a theoretical framework for conceptualizing and studying thinking as argument. The findings address issues of major importance to cognitive and developmental psychologists, as well as educators concerned with improving the quality of people's thinking. The work is also relevant to philosophers, political scientists, and linguists interested in informal reasoning and argumentive discourse.
Organized simply and logically, The Five Types of Legal Argument shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy). It also describes how to weave the arguments together to make them more persuasive and how to attack legal arguments.In this book, Huhn demonstrates exactly why the legal reasoning in a case is difficult to analyze. Each type of legal argument has a different structure and draws upon different evidence of what the law is. Thus this book does not merely introduce readers to law and legal reasoning, but shows how the five different legal arguments are constructed so that various strategies can be developed for attacking each one.
Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.
"In spite of initial criticisms from logicians and fellow philosophers, The Uses of Argument has been an enduring source of inspiration and discussion to students of argumentation from all kinds of disciplinary background for more than forty years. " Frans van Eemeren, University of Amsterdam
