Thinking Beyond the Shown: Implicit Inferences in Evidence and Argument

Posted: 10 Dec 2008 Last revised: 31 Jan 2019

See all articles by Neal Feigenson

Neal Feigenson

Quinnipiac University - School of Law

Richard K. Sherwin

New York Law School

Date Written: 2007

Abstract

Visual representations are especially well suited to the construction of implicit meanings. Like advocates in other fields, lawyers use visual displays to prompt cognitive and emotional associations of which viewers may not be aware and which, consequently, they are less likely to evaluate critically. The authors review some of the psychological and rhetorical effects of visual representations in general, discuss several examples of how legal visual displays encourage audiences to draw implicit inferences and argue for the importance of heightened visual literacy in improving our ability to understand the meanings and implications of visual advocacy within the legal system.

Keywords: trials, advocacy, rhetoric, visual theory, psychology, evidence

Suggested Citation

Feigenson, Neal and Sherwin, Richard Kenneth, Thinking Beyond the Shown: Implicit Inferences in Evidence and Argument (2007). Law, Probability & Risk, Vol. 6, Issue 1-4, pp. 295-310, 2007, Available at SSRN: https://ssrn.com/abstract=1312254 or http://dx.doi.org/10.1093/lpr/mgm016

Neal Feigenson (Contact Author)

Quinnipiac University - School of Law ( email )

275 Mt. Carmel Ave.
Hamden, CT 06518
United States

Richard Kenneth Sherwin

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States

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