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Full-Text Articles in Law
Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots, Michael Caves
Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots, Michael Caves
All Dissertations
Poetic Justice: Connecting the Modern American Prosecutor to her Rhetorical Roots explores the gap between rhetoric and the American prosecutor, to eventually advocate for a more creative, inventive trial practice for prosecutors that embraces the spirit and methods of narrative, poetics, and Ulmeric mystories, with the prosecutor’s unique ethical obligations forming the basis of a new prosecutor’s rhetoric. This research opens with an autoethnographic account of the author’s own path to criminal prosecution, to give the reader a sense of the author’s ethos, to identify the shortcomings of rhetorical training in law school pedagogy, and to outline the rhetorical …
Walking Back The System Trope: Reimagining Incarceration And The State Through A Spatial Theory Approach, Cody Hunter
Walking Back The System Trope: Reimagining Incarceration And The State Through A Spatial Theory Approach, Cody Hunter
All Dissertations
This dissertation critiques the systems theory approach to incarceration policy, practice, and research and proposes a rhetorically informed spatial theory approach as an alternative. Offering a non-hierarchical complexity theory as a bridge between systems and space, I then integrate rhetorical listening as a strategy for navigating and operationalizing our proposed spatial theory approach. I then apply our proposed methodology to archival research, focusing on the South Carolina Penitentiary as a case study, and offer two heuretic experiments to explore the range of this methodology for archival research. I also explore potential applications of this rhetorically informed spatial theory approach in …
A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler
A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler
Undergraduate Theses
This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.