From Truth to Technique at Trial: A Discursive History of Metavalues in Trial Advocacy Advice Texts by Philip GainesFrom Truth to Technique at Trial: A Discursive History of Metavalues in Trial Advocacy Advice Texts by Philip Gaines

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

byPhilip Gaines

Hardcover | April 15, 2016

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From Truth to Technique at Trial 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 intrial 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 thetruth 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, throughtreatises 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 andjustice when lawyers advise other lawyers about how to be effective in the courtroom.
Philip Gaines is Professor of English at Montana State University. He holds an MA in Linguistics and a PhD in English Language Studies, with a concentration in Language and Law, both from the University of Washington. His research interests lie in the analysis of the discourse and rhetorical structure of the language of lawyers and pol...
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Title:From Truth to Technique at Trial: A Discursive History of Metavalues in Trial Advocacy Advice TextsFormat:HardcoverDimensions:232 pages, 8.25 × 5.5 × 0.98 inPublished:April 15, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199333602

ISBN - 13:9780199333608

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Table of Contents

Acknowledgements1. Introduction: Advocacy in the Modern Anglo-American Trial2. Pleading for Truth3. Honorable Persuasion4. Directing Minds5. The Invention of Defenses6. Technique for Success7. Metavalues and Practice: The Long ViewWorks Cited