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Full-Text Articles in Legal History
Eying The Body: The Impact Of Classical Rules For Demeanor Credibility, Bias, And The Need To Blind Legal Decision Makers, Daphne O’Regan
Eying The Body: The Impact Of Classical Rules For Demeanor Credibility, Bias, And The Need To Blind Legal Decision Makers, Daphne O’Regan
Pace Law Review
This Article focuses on law students and attorneys, not parties, witnesses, experts, and others. Part I briefly provides background: the pivotal role of classical rhetoric in western education, including the United States, the dispositive position of demeanor credibility in oral trial, and the persistent doubts about its reliability—doubts turned into certainty over two decades of research. Part II compares modern and ancient manuals to explain the rules of elite demeanor and its ideological claim to truth. Part III compares ancient and modern understanding of popular delivery; that is, choices in non-verbal communication that run counter to the elite rules and …
False Persuasion, Superficial Heuristics, And The Power Of Logical Form To Test The Integrity Of Legal Argument, Stephen M. Rice
False Persuasion, Superficial Heuristics, And The Power Of Logical Form To Test The Integrity Of Legal Argument, Stephen M. Rice
Pace Law Review
This Article will generally describe philosophical logic, logical form, and logical fallacy. Further, it will explain one specific logical fallacy—the Fallacy of Negative Premises—as well as how courts have used the Fallacy of Negative Premises to evaluate legal arguments. Last, it will explain how lawyers, judges, and law students can use the Fallacy of Negative Premises to make and evaluate legal argument.