Logos, Ethos, and Pathos in Persuasive Writing

aristotleIn the second semester of their first year, students make the switch from objective to persuasive writing. It’s a switch that some students welcome because they like the idea of arguing a position rather than having to be objective. As students learn, though, there’s more to persuasive writing—or at least more to good persuasive writing—than just arguing a position.

At their core, objective and persuasive legal writing share many of the same traits, such as maintaining the small scale organizational paradigm we refer to as CREAC (a/k/a IRAC). Because lawyers use that paradigm to advance their arguments, students need to master it, which makes the structure of the argument look similar to objective writing. But students need to make other, subtler changes in their writing (and thinking) to persuade effectively. It’s often challenging to succinctly explain these more subtle differences, but one easy way is to introduce the “why” behind the differences, which in turn helps explain those differences. Good persuasive writing argues a position by using a combination of three ancient rhetorical techniques: logos, ethos, and pathos.

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How and Why: Deepening Your Legal Reasoning

How and WhyOne of my favorite law review articles to assign to first-year law students is Kristen K. Robbins-Tiscione’s Paradigm Lost: Recapturing Classical Rhetoric to Validate Legal Reasoning, 27 Vt. L. Rev. 483 (2002). The article walks a reader through the legal paradigm and discusses how to effectively use deductive reasoning and reasoning by analogy to create a valid and persuasive argument. One of the takeaways from this article is that an advocate should include the facts, holding, and reasoning of a case precedent being used to explain a legal rule. “Facts, holding, and reasoning” becomes somewhat of a mantra in my first-year legal writing courses.

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Congratulations to the 2014 Jenkins Honors Moot Court Competitors

The Jenkins Honors Moot Court Competition is an appellate moot court competition for Marquette law students and the capstone event of the intramural moot court program. Students are invited to participate based on their top performance in the fall Appellate Writing and Advocacy course at the Law School.

Congratulations to the participants in the 2014 Jenkins Honors Moot Court Competition:

Dane Brown
Michelle Cahoon
Tyler Coppage
James DeCleene
Sarah Erdmann
Joel Graczyk
Amy Heart
Brian Kane
Amanda Luedtke
Christopher McNamara
Jennifer McNamee
Elizabeth Oestreich
Nicole Ostrowski
Frank Remington
Amanda Toonen
Becky Van Dam
Kara Vosburgh
Derek Waterstreet

Students will begin writing their appellate briefs in January with the rounds of oral argument commencing later this spring. The competition includes preliminary oral argument rounds (March 22 and 23) and a semifinal (March 27) and final round (April 2).

The Jenkins competitors are fortunate to have the opportunity to argue before distinguished members of the bench and bar from Wisconsin and beyond.

The competition is named after the James G. Jenkins, the first Marquette Law School dean.

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