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Scott Fraley*
Abstract:
This article constitutes a "gateway" article or introduction directed to practicing attorneys and scholars who are unfamiliar with the basic principles and concepts of classical and modern rhetoric and who may desire to further explore the topic. This article, the first in a series, covers the basic precepts of classical rhetoric, including the three appeals (logos, pathos, and ethos), Kairos (the timing of an argument), the five canons (the organization of argument), and common figures of speech (methods of more impactful persuasion). Each section of this article analyzes not only the historical view of the topic but applies the principles discussed to the practice of legal persuasive argument and practice. The article also references more modern approaches and instances of rhetorical analysis. The article thus intends to be a practical guide to the use of rhetorical principles in everyday legal practice, as well as a resource for further study. Future articles in this series will highlight the three branches of rhetoric (forensic, deliberative, and epideictic), the common and special topics (resources for source material for an argument), and the logical fallacies (examples of common logical errors or intentionally misleading uses of arguments). A bibliography of resources is attached for the reader's reference.