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Modern Advocacy and Classical Rhetoric (LAWS0121)

This course examines the basic principles of advocacy – the art of arguing persuasively on behalf of others. Advocacy is central to what modern lawyers (and many other professionals) do.

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The main object of this course is to provide a grounding in effective advocacy. The course draws heavily on classical rhetoric, the art of persuasion developed by the ancient Greeks and Romans from the fifth-century B.C. The classical rhetoricians, of whom Aristotle, Cicero and Quintilian are probably the best known, sought to explain not only what persuades people, but also how to prepare persuasive speeches. Central to this module is the idea that much of what they said remains relevant today.

Like classical rhetoric, this course combines theory and practice. The theoretical element comprises ancient and modern theories about persuasion, particularly in the context of legal disputes. The practical element involves students considering and analysing examples of real-life advocacy, including oral and written submissions in recent English court proceedings.

The course convenor has practised as a barrister in London for over 20 years, specialising in commercial litigation and arbitration.

Module syllabus

The main topics covered by this course are as follows:

  • History of classical rhetoric
  • Ancient and modern meanings of 'rhetoric'
  • Means of persuasion - reason, credibility and emotion
  • Creating persuasive arguments
  • Arranging documents and speeches persuasively
  • Written and oral style
  • Memorising speeches and aids to memory
  • Delivery technique

Recommended materials

Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment.

Preliminary reading

For a light-hearted introduction to classical rhetoric and its application to modern (American) advocacy, see Sandler, Epps and Waicukauski, Classical Rhetoric and the Modern Trial Lawyer, 36 Litigation 2 (Winter 2010), available online at the American Bar website.

Key information

Module details
Credit value:15 credits (7.5 ECTS, 150 learning hours)
Convenor:David Pope
Other Teachers:None
Teaching Delivery:10 x 2-hour weekly seminars, Term Two
Who may enrol:LLM students only
Prerequisites:None
Must not be taken with:None
Qualifying module for:LLM in Litigation and Dispute Resolution
Assessment
Practice Assessment:Opportunity for feedback on one optional practice essay
Final Assessment:Exam (100%)