Summary of Joel P. Trachtman's The Tools of Argument

Everest Media

Description

Please note: This is a companion version & not the original book.
Sample Book Insights:
#1 The difference between lawyers and the rest of us is not a gene that makes some people more argumentative, precise, or abrasive than others. The distinctive professional characteristic of lawyers is a method of thinking and argument that has several components.
#2 The definition of law is the following: formal rules that carry the sanction of the state. This definition is good for understanding legal argument, but it does not explain all law. For example, religious law can carry the sanction of the state, while the rules of EBay or the NBA do not.
#3 Law is a central tool and structure of the state. It is important for you to know your rights against harm to your person, property, or organization, and to be able to advocate for yourself in these regards.
#4 A lawyer is an expert. The expertise that the lawyer wields is twofold. First, it includes knowledge of how the legal system works, including how all the written and unwritten procedural rules apply to guide the determination and application of the law.

Sujets

• Religion
• Law
• General
• General officer
• Droit et juridique

Informations

• Publié par: Everest Media LLC
• Date de parution: 20 août 2022
• Nombre de lectures: 1
• EAN13: 9798350016277
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

Insights on Joel P. Trachtman's The Tools of Argument
Contents Insights from Chapter 1 Insights from Chapter 2 Insights from Chapter 3 Insights from Chapter 4 Insights from Chapter 5 Insights from Chapter 6 Insights from Chapter 7 Insights from Chapter 8 Insights from Chapter 9 Insights from Chapter 10 Insights from Chapter 11
Insights from Chapter 1

#1

The difference between lawyers and the rest of us is not a gene that makes some people more argumentative, precise, or abrasive than others. The distinctive professional characteristic of lawyers is a method of thinking and argument that has several components.

#2

The definition of law is the following: formal rules that carry the sanction of the state. This definition is good for understanding legal argument, but it does not explain all law. For example, religious law can carry the sanction of the state, while the rules of EBay or the NBA do not.

#3

Law is a central tool and structure of the state. It is important for you to know your rights against harm to your person, property, or organization, and to be able to advocate for yourself in these regards.

#4

A lawyer is an expert. The expertise that the lawyer wields is twofold. First, it includes knowledge of how the legal system works, including how all the written and unwritten procedural rules apply to guide the determination and application of the law.

#5

The core work of the lawyer is not to argue about what the law should be, but to argue about and determine what the applicable law is, what the facts are, and how they fit into the applicable law.

#6

The true stronger argument is the one that meets some objective test of strength, and that should win. However, in a more nuanced social and relational setting, things are not always so black and white, and the legal system can ignore important shadings of right and wrong.

#7

In legal practice, as in non-legal argumentation, preparation is everything. By evaluating each component of your position and your opponent’s, you will be able to see which arguments are available to you and which are available to your opponent.

#8

Law is made up of written rules. While there are important unwritten rules, and lawyers play a critical role in arguing about what those rules are, most of the work of lawyers is concerned with written rules.
Insights from Chapter 2

#1

The skill of thinking like a lawyer and the tools of argument draw from a variety of law school studies and legal practice. They involve an analytical understanding of rules, evidence, and logical inferences. They are both rational and ruthless.

#2

The secret to thinking like a lawyer is to break down legal questions into their constituent parts, and then analyze each part separately. This method is similar to that used by doctors to diagnosis a patient.

#3

The elements of a legal claim are broken down into component conditions, and each condition must be met for there to be legal responsibility. If any condition is not met, there is no legal responsibility.

#4

To think like a lawyer, you must understand how to think. The rules of inference, drawn from all the sciences, are the customary or consensus-accepted methodological conventions that tell us whether it is permissible to draw a factual inference based on a certain quantity or quality of data.

#5

The analysis/synthesis me