Persuasiveness

Definition

Persuasiveness refers to the ability to convince others of a particular point of view or argument through logical reasoning, emotional appeal, and credible evidence. In legal research, this concept is crucial as it helps attorneys craft compelling arguments by utilizing various secondary sources that enhance their legal positions and influence decision-making processes.

5 Must Know Facts For Your Next Test

1. Secondary sources such as legal encyclopedias, treatises, and law review articles are often used to provide context and support arguments in persuasive legal writing.
2. Persuasiveness can be influenced by the authority of the secondary source used; more reputable sources carry greater weight in convincing the audience.
3. The organization of information within secondary sources can significantly impact their persuasiveness, as clear and logical structures help readers follow and understand arguments better.
4. Effective use of quotes and paraphrases from secondary sources enhances persuasiveness by providing authoritative backing for claims made in legal arguments.
5. Understanding the audience's values and biases is essential for crafting persuasive arguments that resonate emotionally and logically.

Review Questions

• How can the use of secondary sources enhance the persuasiveness of legal arguments?
  • Using secondary sources enhances persuasiveness by providing authoritative support for legal arguments, making them more credible. Secondary sources like treatises or law review articles contain expert analysis that can clarify complex legal issues, making them easier for judges or juries to understand. Additionally, these sources can offer broader context or precedent that strengthens an argument's foundation, thereby increasing its overall effectiveness.
• Evaluate the impact of emotional appeals in persuasive legal writing when integrating secondary sources.
  • Emotional appeals in persuasive legal writing can significantly impact how effectively an argument resonates with its audience. When integrating secondary sources, lawyers can draw on emotional narratives or real-life examples that illustrate the stakes involved in a case. By aligning factual information from secondary sources with compelling stories or emotional elements, attorneys can create a more engaging argument that not only informs but also connects with readers on a personal level.
• Synthesize how understanding audience biases can improve the effectiveness of persuasion through secondary sources.
  • Understanding audience biases allows legal writers to tailor their use of secondary sources in a way that directly addresses those biases, ultimately improving persuasive effectiveness. For instance, if a lawyer knows that their audience has a strong preference for certain legal precedents or values specific ethical considerations, they can select secondary sources that align with those preferences. By doing so, the attorney not only demonstrates awareness of the audience’s perspective but also strategically leverages relevant authority to bolster their argument, increasing the likelihood of persuasion.

Related terms

Argumentation: The process of constructing a reasoned argument, which involves presenting claims supported by evidence and reasoning to persuade an audience.

Legal Writing: A specialized form of writing used in the legal field that emphasizes clarity, precision, and persuasiveness to effectively communicate legal arguments and analysis.

Citations: References to authoritative sources that support legal arguments and enhance their credibility, often playing a key role in persuasive writing.