The Tools Of Argument

Joel Trachtman's book presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law. If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself.

A noted attorney gives detailed instructions on winning arguments, emphasizing such points as learning to speak with the body, avoiding being blinding by brilliance, and recognizing the power of words as a weapon.

Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You’re not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic—without realizing it—because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.” In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s—and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.

In the second edition of this witty and infectious book, Madsen Pirie builds upon his guide to using - and indeed abusing - logic in order to win arguments. By including new chapters on how to win arguments in writing, in the pub, with a friend, on Facebook and in 140 characters (on Twitter), Pirie provides the complete guide to triumphing in altercations ranging from the everyday to the downright serious. He identifies with devastating examples all the most common fallacies popularly used in argument. We all like to think of ourselves as clear-headed and logical - but all readers will find in this book fallacies of which they themselves are guilty. The author shows you how to simultaneously strengthen your own thinking and identify the weaknesses in other people arguments. And, more mischievously, Pirie also shows how to be deliberately illogical - and get away with it. This book will make you maddeningly smart: your family, friends and opponents will all wish that you had never read it. Publisher's warning: In the wrong hands this book is dangerous. We recommend that you arm yourself with it whilst keeping out of the hands of others. Only buy this book as a gift if you are sure that you can trust the recipient.

"In spite of initial criticisms from logicians and fellow philosophers, The Uses of Argument has been an enduring source of inspiration and discussion to students of argumentation from all kinds of disciplinary background for more than forty years. " Frans van Eemeren, University of Amsterdam

The Skills of Argument presents a comprehensive empirical study of informal reasoning as argument, involving subjects across the life span. Subjects ranging in age from adolescence to late adulthood were asked to describe their views on social problems that people have occasion to think and talk about in everyday life, such as crime and unemployment. In addition to providing supporting evidence for their theories, subjects were asked to contemplate alternative theories and counterarguments and to evaluate new evidence on the topics. This is the first major study of informal reasoning across the life span. Highlighting the importance of argumentive reasoning in everyday thought, the book offers a theoretical framework for conceptualizing and studying thinking as argument. The findings address issues of major importance to cognitive and developmental psychologists, as well as educators concerned with improving the quality of people's thinking. The work is also relevant to philosophers, political scientists, and linguists interested in informal reasoning and argumentive discourse.

Legal Argument: The Structure and Language of Effective Advocacy is a full-featured guide designed primarily for law students in research, writing, analysis and trial advocacy classes and moot court programs. Inside you'll find detailed explanations of how lawyers construct legal arguments and practical guidelines to the process of molding the raw materials of litigation--cases, statutes, testimony, documents, common sense--into instruments of persuasive advocacy. You'll also find writing guidelines that show you how to present a well-constructed legal argument in writing in a way that legal decision makers will find persuasive. The centerpiece of this indispensable work is its syllogism-based step-by-step method, designed to walk the advocate through the process of crafting a winning argument. Intuitive organization presents the material in five parts: Part I sets out a general methodology for constructing legal arguments. Part II focuses more closely on the construction of persuasive, well-grounded legal premises, and covers the effective integration of legal doctrine and evidence into the argument's structure. Part III shows how to put the method to work by giving two detailed examples of the construction of complete legal arguments from scratch. Part IV provides a detailed protocol for reducing well-constructed legal arguments to written form, along with a concrete illustration of that process. It also provides concrete advice on how to recognize and avoid a host of common mistakes in the written presentation of legal arguments. Part V moves from the basics into more advanced techniques of persuasive legal argument, including rhetorical tactics like framing and emphasis, how to respond to arguments, maintaining professionalism in advocacy, and the ethical limits of argument.

This book is a revised and extended version of my PhD Thesis 'Logical Tools for Modelling Legal Argument', which I defended on 14 January 1993 at the Free University Amsterdam. The first five chapters of the thesis have remained almost completely unchanged but the other chapters have undergone considerable revision and expansion. Most importantly, I have replaced the formal argument-based system of the old Chapters 6, 7 and 8 with a revised and extended system, whieh I have developed during the last three years in collaboration with Giovanni Sartor. Apart from some technical improvements, the main additions to the old system are the enriehment of its language with a nonprovability operator, and the ability to formalise reasoning about preference criteria. Moreover, the new system has a very intuitive dialectieal form, as opposed to the rather unintuitive fixed-point appearance of the old system. Another important revision is the split of the old Chapter 9 into two new chapters. The old Section 9. 1 on related research has been updated and expanded into a whole chapter, while the rest of the old chapter is now in revised form in Chapter 10. This chapter also contains two new contributions, a detailed discussion of Gordon's Pleadings Game, and a general description of a multi-Iayered overall view on the structure of argu mentation, comprising a logieal, dialectical, procedural and strategie layer. Finally, in the revised conclusion I have paid more attention to the relevance of my investigations for legal philosophy and argumentation theory.

In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.