법관과 배심에 대한 변호인의 설득대화의 효과증대를 위한 수사학이론의 적용

• 영문명: An Application of Rhetorical Theory for Improving Effects of Persuasion Dialog between the Judge, the Jury and the trial Lawyer
• 발행기관: 한국형사정책학회
• 저자명: 김성룡(KIM Sung-Ryong)
• 간행물 정보: 『형사정책』刑事政策 第19卷 第2號, 235~260쪽, 전체 26쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

  Effective communication is necessary for the trial lawyer whose objective is to convince a jury and a judge to decide in his and client’s favor. In this paper I suggest that a working knowledge of rhetoric can improve the persuasive efforts of trial lawyer, not only in America, but also in Korea.
  Like a J.B. White, I believe also, the law ist most usefully seen not, as it usually is by academics and philosophers, as a system of rules, but as a branch of rhetoric; and that the kind of rhetoric of which law is a species is most usefully seen not, as rhetoric usually is, either as a failed science or as the ignoble art of persuasion.
  This paper provides a basic framework that trial lawyers can use to improve their persuasive efforts in the courtroom, specially through rhetorical theory, Elaboration Likelihood Model of Petty and Cacioppo, and Toulmin’s Syllogism.
  Many lawyers lack a basic understanding of the structure and process of legal argumentation and legal rhetoric. Their poor understanding stems from traditional legal education’s curriculum to make the structure and process of legal argumentation and legal rhetoric explicit and systematic. For the effective preparing the korean Jury System we survey briefly in this paper the contents of ELM of Petty and Cacioppo and Toulmin’s Syllogism and their application in legal case.

목차

Ⅰ. 글의 배경과 목적
Ⅱ. 법에서의 수사학(修辭學; Rhetoric)
Ⅲ. 법정변론의 수사학적 요소와 설득 효과
Ⅳ. 맺음말
참고문헌
ABSTRACT

키워드

법 수사학 설득 대화 툴민 정교화가능성모델 국민참여재판 배심 Legal Rhetoric Persuasion Dialog Toulmin Elaboration Likelihood ELM Trial Lawyer Jury