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Figure 7.6: classification of rules according to their nature 7.7 CONSTRUCTING ARGUMENTS So, now that a little thought has been given to: (a) the meaning of argument; (b) the nature of problems and rules; (c) the mediating power of language, it is hoped that the complexity of any attempt to solve problems by recourse to rules is better appreciated. Despite the difficulties it is essential that lawyers are able to construct arguments, to fully engage in the process of effective reasoning. Without that core skill, a lawyer lacks competence. Argument construction utilises a number of preparatory skills: • summarising texts; • choosing amongst appropriate texts for the most useful; • research and organisation of texts; • critique and analysis; • the appropriate collection of materials in order to persuade the listener of the validity of the arguments presented. Legal argument is often a delicate balance of facts and/or theories and the application of existing rules connected by reasoned comments to persuade of the
DOI link for Figure 7.6: classification of rules according to their nature 7.7 CONSTRUCTING ARGUMENTS So, now that a little thought has been given to: (a) the meaning of argument; (b) the nature of problems and rules; (c) the mediating power of language, it is hoped that the complexity of any attempt to solve problems by recourse to rules is better appreciated. Despite the difficulties it is essential that lawyers are able to construct arguments, to fully engage in the process of effective reasoning. Without that core skill, a lawyer lacks competence. Argument construction utilises a number of preparatory skills: • summarising texts; • choosing amongst appropriate texts for the most useful; • research and organisation of texts; • critique and analysis; • the appropriate collection of materials in order to persuade the listener of the validity of the arguments presented. Legal argument is often a delicate balance of facts and/or theories and the application of existing rules connected by reasoned comments to persuade of the
Figure 7.6: classification of rules according to their nature 7.7 CONSTRUCTING ARGUMENTS So, now that a little thought has been given to: (a) the meaning of argument; (b) the nature of problems and rules; (c) the mediating power of language, it is hoped that the complexity of any attempt to solve problems by recourse to rules is better appreciated. Despite the difficulties it is essential that lawyers are able to construct arguments, to fully engage in the process of effective reasoning. Without that core skill, a lawyer lacks competence. Argument construction utilises a number of preparatory skills: • summarising texts; • choosing amongst appropriate texts for the most useful; • research and organisation of texts; • critique and analysis; • the appropriate collection of materials in order to persuade the listener of the validity of the arguments presented. Legal argument is often a delicate balance of facts and/or theories and the application of existing rules connected by reasoned comments to persuade of the
ABSTRACT
So, now that a little thought has been given to: (a) the meaning of argument; (b) the nature of problems and rules; (c) the mediating power of language, it is hoped that the complexity of any attempt to solve problems by recourse to rules is better appreciated.
