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Type of Document Thesis Author Canup, Jeffrey A. URN etd-07082004-181024 Title Moving Toward Stasis: The Desirability of a Rhetoric Revival in Contemporary American Legal Training Degree Master of Arts Department English, Department of Advisory Committee
Advisor Name Title Carol Poster Committee Chair Bruce Bickley Committee Member Mark Cooper Committee Member Keywords
- Case Method
- Forensic
- Deductive
- Inductive
- Heuristics
- Argumentation Theory
- Argumentation
- Law
- Legal Education
- Declamation
- Oratory
- Ancient Rhetoric
- Education
- Rhetoric
- Legal Training
- Contemporary
- Stasis Theory
- Stasis
Date of Defense 2003-08-12 Availability unrestricted Abstract This work evaluates and compares the ancient rhetorical method and the modern case method of legal training. Further, it diagnoses an apparent problem with the modern method: lawyers are graduating from law schools without an understanding of the fundamental principles of argumentation. In advocating for a return to the rhetorical method, I propose that modern legal institutions abandon their inductive teaching methods and revive the deductive methods of old. This work explains how forensic rhetoric (courtroom oratory) is most useful to law students. Ultimately, this work achieves its goals in three ways: (1) by analyzing the historical relationship between ancient rhetoric and law, (2) by discussing specific heuristics ancient rhetorical/legal educators used to prepare students, specifically stasis theory and declamatio; and (3) by analyzing the methods and texts modern institutions use and offering ways to implement the return to a deductive and rhetorically based legal education.Files
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