This work evaluates and compares the ancient rhetorical method and the modern case method of legal training. Further, it diagnoses an apparent problem with the modern method: lawyers are graduating from law schools without an understanding of the fundamental principles of argumentation. In advocating for a return to the rhetorical method, I propose that modern legal institutions abandon their inductive teaching methods and revive the deductive methods of old. This work explains how forensic rhetoric (courtroom oratory) is most useful to law students. Ultimately, this work achieves its goals in three ways: (1) by analyzing the historical relationship between ancient rhetoric and law, (2) by discussing specific heuristics ancient rhetorical/legal educators used to prepare students, specifically stasis theory and declamatio; and (3) by analyzing the methods and texts modern institutions use and offering ways to implement the return to a deductive and rhetorically based legal education. / A Thesis submitted to the Department of English in partial fulfillment of the
requirements for the degree of Master of Arts. / Degree Awarded: Summer Semester, 2004. / Date of Defense: August 12, 2003. / Case Method, Forensic, Deductive, Inductive, Heuristics, Argumentation Theory, Argumentation, Law, Legal Education, Declamation, Oratory, Ancient Rhetoric, Education, Rhetoric, Legal Training, Contemporary, Stasis Theory, Stasis / Includes bibliographical references. / Carol Poster, Professor Directing Thesis; Mark Cooper, Committee Member; Bruce Bickley, Committee Member.
| Identifer | oai:union.ndltd.org:fsu.edu/oai:fsu.digital.flvc.org:fsu_168133 |
| Contributors | Canup, Jeffrey A. (authoraut), Poster, Carol (professor directing thesis), Cooper, Mark (committee member), Bickley, Bruce (committee member), Department of English (degree granting department), Florida State University (degree granting institution) |
| Publisher | Florida State University |
| Source Sets | Florida State University |
| Language | English, English |
| Detected Language | English |
| Type | Text, text |
| Format | 1 online resource, computer, application/pdf |
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