Legal Persuasion

Linda Berger is the Family Foundation Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law. Professor Berger has been a leader in building the discipline of legal writing. Her recent scholarly work blends interdisciplinary study with rhetorical analysis, drawing on research findings from analogy, metaphor, and narrative studies in order to examine the persuasiveness and effectiveness of written and oral communication. Kathryn M. Stanchi is the Jack E. Feinberg ’57 Professor of Litigation and Affiliated Professor of Gender, Sexuality and Women’s Studies at Temple University Beasley School of Law. She is recognized as the leading scholar to bring persuasion science into the literature of legal persuasion. Her scholarship often focuses on the intersection of persuasion, rhetoric and feminism. She has published and lectured extensively on this and related topics.

• I. Introduction Chapter 1: Making ConnectionsChapter 2: Thinking and Decision Making: Starting to PersuadeII. Setting: Audience, Timing, and LocationChapter 3: The Judicial AudienceChapter 4: Kairos: Fitting Time and Place III. Invention: Stories, Metaphors, Analogies Chapter 5: Uncover Embedded Plots, Characters, and ImagesChapter 6: Introduction to Storytelling Chapter 7: Telling Fact Stories DifferentlyChapter 8: Developing Law Stories Chapter 9: Making Intuitive ConnectionsChapter 10: Shape Connections: Familiar Analogies and MetaphorsChapter 11: Reinforce Favorable Connections: Arguing by AnalogyChapter 12: Break Unfavorable Connections: Novel Metaphors IV. Arrangement: Organization and ConnectionChapter 13: Introduction to Priming: Story and EmotionChapter 14: Priming Interpretations and ImpressionsChapter 15: Introduction to Syllogistic Frameworks Chapter 16: Syllogistic and Analogical Case ArgumentsV. Connecting through Tone Chapter 17: Structuring Arguments to Appear ReasonableChapter 18: Volunteering Adverse InformationChapter 19: The Trap of AttackVI. ConclusionChapter 20: Putting It Together

'The book's greatest strength lies in its stimulating and provocative examples. Readers are treated to a host of insights from cognitive science, culture high and low, the rough-and-tumble world of litigation, and the lofty perches of appellate advocacy and judging.'Ross Guberman, Author, Point Made: How to Write Like the Nation's Top Advocates and President, Legal Writing Pro'Professors Berger and Stanchi have combined their respective interests in rhetorical theory and cognitive science to produce an extremely engaging book about legal persuasion. This volume will be immensely helpful to advocates, but it also provides scholars with concrete examples that illuminate and advance deep insights.'Francis J. Mootz III, Dean and Professor of Law, McGeorge School of Law, University of the Pacific, USA'Every law student, law teacher, attorney, judge, and - dare I say politician? - should read Berger and Stanchi’s brilliant new synthesis of rhetorical theory and cognitive science. Both accessible and sophisticated, its clear succinct explanations and examples will help you think more clearly, advocate more effectively, and decide more wisely.'Kate O’Neill, Professor Emeritus, University of Washington School of Law, USA'Two powerhouse legal scholars connect their expertise in cognitive science and rhetoric to reveal deep insights into effective persuasion. Filled with examples and case studies from recent and familiar judicial decisions, the book makes complex concepts accessible to students, judges, and lawyers.'Suzanne Rowe, James L. and llene R. Hershner Professor, University of Oregon School of Law, USA