Description
Book SynopsisClassical, rhetorical techniques can enhance the persuasiveness of Supreme Court opinions by making their language clear, lively, and memorable. This book focuses on three techniques, invention (creation of arguments), arrangement (organization), and style (word choice) in the work of Oliver Wendell Holmes, Jr., Robert Jackson, Hugo Black, William Brennan, and Antonin Scalia, respectively. The justices featured here contributed to the Court's rhetorical legacy in different ways, but all five rejected the magisterial opinion style of the eighteenth and nineteenth centuries in favor of a more personal and conversational format. Because of this, their opinions have endured, at least in part, and while modern speakers may not recall the authors, they understand and embrace the ideas expressed in their legal writings and continue to apply it to current debates. This book can be used by practicing lawyers as well as academics not only to study legal writing techniques but also as a tool to
Trade ReviewWords matter. The Pen is Mightier reminds law students, lawyers, and judges alike that they can matter most when legal acumen is coupled with great writing. Choosing five gifted justices, Brian Porto conveys with admirable clarity equal to his subject a truth writers of judicial opinions learn sooner or later: how you say it is as important as what you say. -- Jeffrey Amestoy, former Chief Justice of the Vermont Supreme Court and author of Slavish Shore: The Odyssey of Richard Henry Jr.
Table of ContentsChapter One: The Power Of Rhetoric In Supreme Court Opinions Chapter Two: The Rhetorical Roots of Persuasive Legal Writing Chapter Three: Oliver Wendell Holmes, Jr.: Literary Lion Chapter Four: Robert Jackson: Country Lawyer with A Golden Pen Chapter Five: Hugo Black: Master Of Simplicity Chapter Six: William Brennan: Bridge-Builder Chapter Seven: Antonin Scalia: Originalist in Style Too Chapter Eight: Rhetoric And The Supreme Court: Past, Present, And Future
