Writing in the Law

Certain foundational readings are a part of virtually all upper-level writing courses at the undergraduate level.

For the first unit, introductions of texts such as, “The Rhetorical Situation,” by Lloyd Bitzer (1968) – https://www.jstor.org/stable/40236733 and it’s counterpart, “The Myth of the Rhetorical Situation,” by Richard Vatz (1973) – https://www.jstor.org/stable/40236848 are helpful for determining the appropriate context (situation) of any text, including those created in the legal world.

*when taking notes is listed as an activity or exercise that accompanies a reading a teacher is free to transition that into a discussion post or other exercise via Canvas or another platform. Alterations are likely dependent upon the importance of the reading and the accountability required/needed for the future class discussion and student’s work to be successful. In an upper-level writing class, where self-accountability is key, I will often offer a chance to write briefly at the start of each class for a journal-like activity (see Unit: General Activities) and then softly cold-call on future law students (letting them know from the first day/introductions and syllabus review that being fully prepared will be a general class expectation in my class and a continuing expectation should they choose to continue on to law school in the future).

I prefer to use hand-written activities whenever possible to ensure students are actually writing and thinking as they write.

Unit 1: Activity 1:

OUTSIDE OF CLASS

Read: “The Rhetorical Situation” by Bitzer https://www.jstor.org/stable/40236733

As you read, take notes on, and complete, the following:

• 1.) What does Bitzer mean when he says a situation is rhetorical?
• 2.) What are the three requirements of the rhetorical situation (list and define).
• 3.) According to Bitzer, what situations have rhetorical exigence and which do not? Think briefly of legal contexts: getting charged with a crime, bringing a lawsuit, writing a news report or an opinion piece on a recent public legal incident (e.g. the assassination of Charlie Kirk and free speech; the capture and extradition of Nicolas Maduro and international law). What type of legal contexts have rhetorical exigence according to Bitzer and which, if any, would not?
• 4.) What type of an audience qualifies as rhetorical? In the legal contexts discussed above, what, if any, type of rhetorical audiences would be the most important to a particular argument?
• 5.) What are the most common constraints in legal contexts? With legal writing and argument generally? How could an author/rhetor address these constraints within their writing?
• 6.) Find at least one example of legal writing and conduct an analysis of the foundational components of the rhetorical situation, per Bitzer. Draft approximately 250 words total

IN CLASS:

Journal (5 minutes): While reading Bitzer what type of legal situations came to mind before you choose your outside text to analyze? Why did you choose what you did? What concepts were the most confusing? What concepts made the most sense? How could an understanding of the rhetorical situation surrounding a legal argument help a lawyer, politician, journalist, etc.? When, if ever, would the rhetorical situation surrounding something be irrelevant?

Class Discussion (20 minutes):