Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2010 Studying and Teaching “Law as Rhetoric”: A Place to Stand Linda L. Berger University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Legal Education Commons, Legal Writing and Research Commons, and the Other Law Commons Recommended Citation Berger, Linda L., "Studying and Teaching “Law as Rhetoric”: A Place to Stand" (2010). Scholarly Works. 664. https://scholars.law.unlv.edu/facpub/664 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact
[email protected]. STUDYING AND TEACHING "LAW AS RHETORIC": A PLACE TO STAND Linda L. Berger* The first of these [attacks on rhetoric], the attack from above, argues for a politics of reason whose indisputable truths can only be obscured by the rhetorician's passionate appeals. This is the position that Socrates defends. The second, the attack from below, insists that the rhetorician's invocation of truth and justice is a sham, a technique for gaining power whose success requires that its practitioners either fail to understand what they are doing or deliberately conceal it. This is the line of attack forcefully pressed by Callicles ..... Gorgias stands between these two, between Socrates and Callicles, and the question is, does he have any ground on which to stand? Does the craft of rhetoric have a separate and legitimate place in human life, in between pure reason and pure power?' INTRODUCTION As they begin law study, students "undergo a linguistic rup- ture, a change in how they view and use language." 2 The change affects not only their understanding of language use, but also 3 their ideas about how the law works and its place for them.