Once upon a Time, Happily Ever After, and in a Galaxy Far, Far Away: Using Narrative to Fill the Cognitive Gap Left by Overreliance on Pure Logic in Appellate Briefs and Motion Memoranda

نویسندگان

  • Tony Baldwin
  • Linda Berger
  • Linda Edwards
چکیده

Given that ―rule-based analysis is the dominant form of reasoning‖ used by lawyers, it is probably safe to say that most lawyers would agree with Aristotle‘s sentiment. After all, this is how lawyers are taught to think in law school. Three years of their lives are slavishly devoted to the pursuit of logic with little to no emphasis on other forms of reasoning. Therefore, it is not surprising that logic is the primary tool in a lawyer‘s toolbox. Aristotle knew that it takes more than pure logic to effectively persuade an audience. According to Aristotle and other classical rhetoricians, an effective appeal must incorporate three concepts: ethos (the speaker‘s credibility), pathos (an appeal to the audience‘s

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تاریخ انتشار 2010