법관과 배심에 대한 변호인의 설득대화의 효과증대를 위한 수사학이론의 적용

An Application of Rhetorical Theory for Improving Effects of Persuasion Dialog between the Judge, the Jury and the trial Lawyer

&nbsp;&nbsp;Effective communication is necessary for the trial lawyer whose objective is to convince a jury and a judge to decide in his and client’s favor. In this paper I suggest that a working knowledge of rhetoric can improve the persuasive efforts of trial lawyer, not only in America, but also in Korea.<BR>&nbsp;&nbsp;Like a J.B. White, I believe also, the law ist most usefully seen not, as it usually is by academics and philosophers, as a system of rules, but as a branch of rhetoric; and that the kind of rhetoric of which law is a species is most usefully seen not, as rhetoric usually is, either as a failed science or as the ignoble art of persuasion.<BR>&nbsp;&nbsp;This paper provides a basic framework that trial lawyers can use to improve their persuasive efforts in the courtroom, specially through rhetorical theory, Elaboration Likelihood Model of Petty and Cacioppo, and Toulmin’s Syllogism.<BR>&nbsp;&nbsp;Many lawyers lack a basic understanding of the structure and process of legal argumentation and legal rhetoric. Their poor understanding stems from traditional legal education’s curriculum to make the structure and process of legal argumentation and legal rhetoric explicit and systematic. For the effective preparing the korean Jury System we survey briefly in this paper the contents of ELM of Petty and Cacioppo and Toulmin’s Syllogism and their application in legal case.