LEGALST 100 Chapter Notes - Chapter 8: James Boyd White
11 Sep 2017
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11: law as rhetoric, rhetoric as law (james boyd white) Law is an arena for the articulation and discussion of shared values: provides vehicle for a conversation about what kind of community we wish to be. Law as a rhetorical process: the lawyer must always start by speaking the language of his/her audience, to persuade someone, you must speak his/her language. Law is a set of resources made available by a culture for speech and argument in legal occasions. La(cid:449) is o(cid:374)e of aristotle"s (cid:862)(cid:373)ea(cid:374)s of persuasio(cid:374)(cid:863: the lawyer must always be ready to try to change the language of the law, creative process. Etc: law can be understood as a comprehensibly organized method of argument (rhetoric, the law is an art of persuasion that creates the objects of its persuasion, law is both creative and educative.
