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From Truth to Technique: A Discursive History of Metavalues in Trial Advocacy Advice Texts

ISBN13: 9780199333608
Published: May 2016
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £56.00

Despatched in 7 to 9 days.

From Truth to Technique addresses key questions raised by the burgeoning literature in what Philip Gaines calls advocacy advice texts-manuals, handbooks, and other how-to guides-written by lawyers for lawyers, both practicing and aspiring, to help them be as effective as possible in trial advocacy. In these texts, advice authors share principles, strategies, and techniques for persuading juries and winning cases. Some manuals even form the basis for required advocacy courses in law schools.

Unlike training manuals in other professional domains-sales, leadership, management, fundraising, coaching, etc.-advocacy advice texts offer guidance for effectiveness in a realm of activity where the stakes may be the very highest for the parties and where society has an abiding interest in the truth being discovered and justice being done. Helping advocates learn how to win cases may be the ultimate purpose of advice texts, but to what extent are ideas about the values of truth and justice-what Gaines calls metavalues-incorporated into discussions about winning tactics and techniques? To explore this question, Gaines takes the reader through a discursive history of the relation between technique and metavalues as presented in advocacy advice-beginning with a thematic analysis of the first texts published in the Anglo-American tradition in the early 17th century, through treatises written during seasons of radical change in the profession in the 18th and 19th centuries, and up to the present day with a look at the more than 200 trial manuals currently in print.

This diacronic study reveals dramatic changes in the place authors give to the metavalues of truth and justice when lawyers advise other lawyers about how to be effective in the courtroom.

Chapter 1: Introduction: Advocacy in the Modern Anglo-American Trial
Chapter 2: Pleading for Truth
Chapter 3: Honorable Persuasion
Chapter 4: Directing Minds
Chapter 5: The Invention of Defenses
Chapter 6: Technique for Success
Chapter 7: Metavalues and Practice: The Long View
Works Cited

Series: Oxford Studies in Language and Law

Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders ISBN 9780190210335
To be published March 2019
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Legal Translation Outsourced ISBN 9780190900007
To be published November 2018
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Discourse, Identity, and Social Change in the Marriage Equality Debates ISBN 9780190217969
Published June 2016
Oxford University Press USA
Discursive Constructions of Consent in the Legal Process (eBook) ISBN 9780190613891
Published February 2016
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£46.67 + £9.33 VAT
Discursive Constructions of Consent in the Legal Process ISBN 9780199945351
Published February 2016
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Confronting the Death Penalty: How Language Influences Jurors in Capital Cases (eBook) ISBN 9780190263904
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£20.82 + £4.16 VAT
Confronting the Death Penalty: How Language Influences Jurors in Capital Cases ISBN 9780199334162
Published December 2015
Oxford University Press USA
£46.67 + £9.33 VAT
Speaking of Language and Law: Conversations on the Work of Peter Tiersma ISBN 9780199334186
Published September 2015
Oxford University Press