Law Commons^™

Studying And Teaching “Law As Rhetoric”: A Place To Stand, Linda L. Berger

Scholarly Works

This article proposes that law students may find a better fit within the legal culture of argument if they are introduced to rhetorical alternatives to counter narrowly formalist and realist perspectives on how the law works and how judges decide cases. To support this proposal, the article describes and evaluates an upper-level elective course in Law & Rhetoric, which I have offered at two law schools since 2003.

The article makes a two-part argument: first, introducing law students to rhetorical alternatives allows them to envision their role as lawyers as constructive, effective, and imaginative while grounded in law, language, and …

Further Thoughts On Better Writing, Terrill Pollman

Scholarly Works

As writing teachers, we frequently witness the mystery of how writing and re-writing clarifies thinking. We teach our students to let the writing process show them the gaps in their reasoning. As student edit, they learn that paring away the superfluous allows us to see the line and structure of the argument. When a section or sentence “won’t write,” it is often because we are trying to ignore a flaw in our understanding. Form is related to content. The attempt to simplify out message teaches us what is it we have to say.