The Poetry of Persuasion: Early Literary Theory and Its Advice to Legal Writers

20 Pages Posted: 16 Jul 2009

See all articles by Stephen Smith

Stephen Smith

Santa Clara University - School of Law

Date Written: Fall 2009

Abstract

This article will address the possibility and necessity of aesthetic pleasure as a part of persuasive endeavors. It will do so through a review of early literary theorists’ statements about what poetry does artistically, and how it does it. It will seek insight from these theorists by extracting from their writings those precepts that seem most useful to the legal writer. This is a selective and non-comprehensive review of the work of a variety of early theorists. It would be impossible to extract from each writer every “helpful hint” he might provide. Moreover, in assembling a variety of suggestions and commands from writers over the centuries, this article does not presume to be mining new concepts in writing practice. The ideas are not necessarily unfamiliar ones, but come from early, perhaps original sources.

The article also attempts to go from these past exhortations to some sort of present-day pertinence. How can the advice be employed in a legal writer’s practice? While the aphorisms of early theorists are invaluable, situating them in practical context may be helpful.

Keywords: legal writing, legal rhetoric, literary theory, poetry, persuasion

Suggested Citation

Smith, Stephen, The Poetry of Persuasion: Early Literary Theory and Its Advice to Legal Writers (Fall 2009). Journal of the Association of Legal Writing Directors, Vol. 6, 2009, Available at SSRN: https://ssrn.com/abstract=1434737

Stephen Smith (Contact Author)

Santa Clara University - School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States

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