The Art of Advocacy in International Arbitration
   
 
Författare:Bishop Raymond Doak , Kehoe Edward G
Titel:The Art of Advocacy in International Arbitration
Upplaga:2 uppl.
Utgivningsår:2010
Omfång:642 sid.
Förlag:Juris Publishing
ISBN:9781933833613
Produkttyp:Inbunden
Ämnesord:Processrätt
Pris: 1993 SEK exkl. moms

 

R. Doak Bishop
I. Introduction

Oral advocacy is a social science long studied in human history. And yet, it is definitely not a real science with fixed laws. It is more of an art form—performance art—and this it must be since its aim is the persuasion of human minds. The mind is persuaded by both reason and emotion, and the art of advocacy must fix its aim on both.

The art of advocacy has had little usefulness in societies characterized by tyranny and aristocracy—societies in which political decisions were made by a few (usually) men in a non-transparent atmosphere or in which judicial decisions were characterized by a lack of due process. But in modern democracies characterized by a lawyer class who act as advocates for a party in a dispute before the judiciary, the art of advocacy can be a powerful force.

The “science” of rhetoric was apparently born in the Greek colony of Syracuse in the 5th century B.C. and quickly spread to Athens. Because of the importance of rhetoric in both the political and judicial arenas, it came to be a highly studied and well-tuned art. Indeed, the ability to sway the Assembly (theoretically composed of all adult male citizens of Attica) or a large and virtually unregulated jury with oral rhetoric became a path to power and wealth in ancient Athens.

But with such power came abuses. The conviction of Socrates soured Plato on democracy itself—largely because of the abuses of rhetoric by the sophists—and led to satires by Aristophanes. From Aristotle came The Art of Rhetoric in which he attempted to tame the abuses of oratory run amock and encapsule the subject in a philosophy in which the technique of rhetoric serves its master—the proof.
 
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