If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your ...
Joel Trachtman's book presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law. If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself.
Please note: This is a companion version & not the original book.
Author: Everest Media,
Publisher: Everest Media LLC
ISBN: 9798350016277
Category: Law
Page: 34
View: 444
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.
Trachtman, Joel P. The Tools of Argument: How the Best Lawyers Think, Argue, and Win. CreateSpace, 2013. 118. Trimble, John R. Writing with Style: Conversations on the Art of Writing. 3rd ed. Prentice Hall, 2011. 119.
Author: Chinua Asuzu
Publisher: Partridge Publishing Singapore
ISBN: 9781543771190
Category: Education
Page: 693
View: 175
As much a sword as a shield, Brief-Writing Master Plan offers an unparalleled and unprecedented curriculum of written advocacy. It’s a sparkling, alchemical blend of doctrine, ethics, and skills. It recruits linguistics, logic, psychology, rhetoric, and semantics into the arsenal of learned advocacy. It contains the rhetorical wisdom of ages, pages, and sages. An advocate files a brief to persuade the judge to decide the lawsuit in favor of the advocate’s client. The keyword is persuade. Too often, advocates forget this and write to please themselves. They address themselves instead of the court. They write in chest-thumping prose and style. Advocates will do well to keep in mind that in advocacy, all that counts is persuading the judiciary. Hence, Brief-Writing Master Plan responds to the judicial wish list for advocates’ writing style and substance. This book is a transformative resource with the potential to accelerate court proceedings by easing judicial burdens and caseloads. A sober reflection on the advocate’s duty to the court, Brief-Writing Master Plan encourages professional candor, decency, and honesty. Writing as taught in this book will surely propel you to the top 1% of the global legal profession and secure your legacy.
... relationship between irrational beliefs and automatic thoughts in predicting distress. Journal of Cognitive and Behavioral Psychotherapies, 7(1), 1–9. Trachtman, J. P. (2013). The tools of argument: How the best lawyers think, argue ...
Author: Scott H. Waltman
Publisher: Routledge
ISBN: 9781000169461
Category: Psychology
Page: 288
View: 586
This book presents a framework for the use of Socratic strategies in psychotherapy and counseling. The framework has been fine-tuned in multiple large-scale cognitive behavior therapy (CBT) training initiatives and is presented and demonstrated with applied case examples. The text is rich with case examples, tips, tricks, strategies, and methods for dealing with the most entrenched of beliefs. The authors draw from diverse therapies and theoretical orientation to present a framework that is flexible and broadly applicable. The book also contains extensive guidance on troubleshooting the Socratic process. Readers will learn how to apply this framework to specialty populations such as patients with borderline personality disorder who are receiving dialectical behavior therapy. Additional chapters contain explicit guidance on how to layer intervention to bring about change in core belief and schema. This book is a must read for therapists in training, early career professionals, supervisors, trainers, and any clinician looking to refine and enhance their ability to use Socratic strategies to bring about lasting change.
Joel P. Trachtman, The Tools of Argument: How the Best Lawyers Think, Argue, and Win, (CreateSpace Independent Publishing Platform 2013). 2 3 analysis of international law making (section 3). The fourth section 366 21.
Author: Deplano, Rossana
Publisher: Edward Elgar Publishing
ISBN: 9781788972369
Category: Law
Page: 544
View: 588
This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.
His recent books include The Tools of Argument: How the Best Lawyers Think, Argue, and Win; The Future of International Law: Global Government; The International Law of Economic Migration: Toward the Fourth Freedom; Ruling the World: ...
Author: Julien Chaisse
Publisher: Oxford University Press
ISBN: 9780191084133
Category: Law
Page: 624
View: 475
Nation states have long and successfully claimed to be the proper and sovereign forum for determining a country's international economic policies. Increasingly, however, supranational and non-governmental actors are moving to the front of the stage. New forms of multilateral and global policy-making have emerged, including states and national administrations, key international organizations, international conferences, multinational enterprises, and a wide range of transnational pressure groups and NGOs that all claim their share in exercising power and influence on international and domestic policy-making. In honour of Professor Mitsuo Matsushita's intellectual contributions to the field of international economic law, this volume reflects on the current state and the future of international economic law. The book addresses a broad spectrum of themes in contemporary international economic regulations and focuses specifically on the significant areas of Professor Matsushita's scholarship, including the rise of the soft-law mechanism in international economic regulation, the role of the WTO and dispute settlement, and specific areas such as competition, subsidies, anti-dumping, intellectual property, and natural resources. Part one of the volume provides a comprehensive and critical analysis of the rule-based international dispute settlement mechanisms; Part two investigates the normative influences to and from WTO law; and Part three focuses on policy and law-making issues.
Recent books include The Tools of Argument: How the Best Lawyers Think, Argue, and Win (Createspace, 2013); The Future of International Law: Global Government (Cambridge University Press, 2013); The International Law of Economic ...
Author: Joel P Trachtman
Publisher: World Scientific
ISBN: 9789814635738
Category: Business & Economics
Page: 464
View: 394
Trade Law, Domestic Regulation and Development is about the relationship between trade, regulation and development. By combining law and economics perspectives on the international trading system, Trachtman takes an interdisciplinary approach in analyzing the topic of globalization and economic development. In a developing economy, as globalization proceeds, a critical factor is the relationship between liberalization of movement of goods, services, and people, on the one hand, and the right to regulate, including the right to regulate for development, on the other hand. In the context of market access, all countries need the right to restrict imports of goods or services that may hurt consumers or the broader society, and developing countries sometimes need the ability to subsidize their own goods and services, or sometimes to restrict imports of goods or services, in order to promote development. Nonetheless, both developed and developing countries often fall into the trap of regulating for protectionist or corrupt reasons. Finding the right balance between market access and regulation is the subject of analysis in this collected volume of 16 papers by Trachtman, and presented in a manner that is accessible and interesting to both law and economics readers. In Trachtman's own words, "The purpose of [international] trade law in this context [globalization] seems to be to allow states to agree to avoid creating these inefficient policy externalities, not to force all states to dance to the same tune." Errata(s) Errata (24 KB) Contents:IntroductionTrade Law and Domestic Regulation:Philippines — Taxes on Distilled Spirits: Like Products and Market Definition (with Damien Neven)Brazil — Measures Affecting Imports of Retreaded Tyres: A Balancing Act (with Chad P Bown)Continued Suspense: EC–Hormones and WTO Disciplines on Discrimination and Domestic Regulation (with Bernard Hoekman)Embedding Mutual Recognition at the WTOIncomplete Harmonization Contracts in International Economic Law: Report of the Panel, China — Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009 (with Kamal Saggi)Canada–Wheat: Discrimination, Non-Commercial Considerations, and the Right to Regulate Through State Trading Enterprises (with Bernard Hoekman)Regulatory Jurisdiction and the WTOThe World Trading System, the International Legal System and Multilevel ChoiceTrade Law and Development:Incorporating Development among Diverse MembersDoing Justice: The Economics and Politics of International Distributive JusticeThe WTO and Development Policy in China and IndiaLegal Aspects of a Poverty Agenda at the WTO: Trade Law and 'Global Apartheid'Systemic Concerns Regarding WTO Law:The WTO CathedralJurisdiction in WTO Dispute SettlementNegotiations on Domestic Regulation and Trade in Services (GATS Article VI): A Legal Analysis of Selected Current IssuesToward Open Recognition? Standardization and Regional Integration under Article XXIV of GATT Readership: Advanced postgraduate students in law taking modules in international trade and developmental economics, and also vice versa. Key Features:Provides a unique economic analysis of legal problems of globalizationExamines the problem of the "right to regulate" in detailExplains the relationship between trade liberalization and developmentKeywords:Trade;WTO;International Law;Globalization;Right to Regulate;Development
Trachtman, Joel P. The Tools of Argument: How the Best Lawyers Think, Argue, and Win. North Charleston, SC: CreateSpace, 2013. United Nations. “Promote inclusive and sustainable economic growth, employment and decent work for all.
Author: Kirk R. MacGregor
Publisher: Lexington Books
ISBN: 9781793605078
Category: Religion
Page: 205
View: 308
Paul Tillich and Religious Socialism: Towards a Kingdom of Peace and Justice argues that the Kingdom of God—the reign of God over all human affairs via God’s manifestations in love, power, and justice—can be fragmentarily achieved through a religious socialism that creatively integrates the early Tillich’s socialist thinking with later insights throughout Tillich’s theological career and with contemporary developments in just peacemaking. The resulting religious socialism is defined by economic justice and a recognition of the sacred reality in all human endeavors. It employs Christianity to furnish the necessary depth for warding off materialism and affirming the spiritual dimension of both labor and acquiring material goods. The unbridgeable Marxist chasm between expectation and reality is bridged through new being, already historically inaugurated in the Christhood of Jesus. New being is fundamentally oriented toward bringing justice to the poor, the disenfranchised, and the marginalized. It affirms the individual and equal value of all persons and thus, in Kantian terms, promotes a kingdom of intrinsically worthwhile ends rather than a kingdom of instrumentally worthwhile means of things.
A noted attorney gives detailed instructions on winning arguments, emphasizing such points as learning to speak with the body, avoiding being blinding by brilliance, and recognizing the power of words as a weapon.
Author: Gerry Spence
Publisher: Macmillan
ISBN: 0312144776
Category: Language Arts & Disciplines
Page: 324
View: 871
A noted attorney gives detailed instructions on winning arguments, emphasizing such points as learning to speak with the body, avoiding being blinding by brilliance, and recognizing the power of words as a weapon.
In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case ...
Author: Stephen M. Rice
Publisher: Aspen Publishers
ISBN: 1601566093
Category: Law
Page: 0
View: 553
Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You’re not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic—without realizing it—because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.” In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s—and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.