Communication and Persuasion in Law

The field of law can be daunting due to its vast and complex nature, full of rules and statutes, legislation and amendments, all written in the dreaded "legalese". Herodotus, the ancient Greek history and contemporary of Socrates, wrote that the Greeks "[were] free ... but not entirely free. For they [had] a master, namely, the Law" (Goldhill 17). Our founding fathers understood the importance of forming governing laws and principles in order for our country to potentially become the world power it is today. Due to the convoluted nature of the legal system, communication and rhetoric are crucial for citizens to understand what the law is, how it functions, the punishments from its violation, and how to protect the rights guaranteed by it. 

Our government has two parts, the Federal and the State; the legal jurisdictions are divided in the same manner. Just as we have a Federal Constitution, each state has a state constitution. These documents communicate the roles and powers of the three branches (legislative, executive, and judicial) of the government on the national and state levels. Laws can be enacted by all three of these branches of government in different ways. The legislative branch can enact statues, the executive branch can enact administrative regulations, and the judicial branch operates based on case law. In each instance, the laws and rules must be disseminated to citizens through a variety of mediums. Today this is most commonly done through the internet on official government websites.

The law that most people think of, with a judge and a gavel, hinges on a very important principle called "the rule of law". Simply put, the rule of law is "a rule-based system of self-government that included a strong and accessible legal system featuring an independent bar and judiciary" (Solum 4). This relates to law and communication because citizens expect the decisions made by judges in the court setting to be fair and independent. The only way a legal system can be accessible is through communication of how to access it. Courts cover the United States, representing both the state governments and the federal government. 

A judge acts as a neutral third-party to determine the proper repercussions and actions to be taken in each case. Once a judge has made a decision, he or she issues a written judgment that reflects the will of the court. An attorney's job is two-fold: first, to communicate to his or her clients an understanding and navigation of the complexities of law in any matter based on legal precedence. Second, in a court setting, an attorney's job is to persuade the judge or jury to believe his or her case based on logos, pathos, and ethos. Both attorneys and judges rely wholly on communication and rhetoric, both oral and written, to bring about fair results. I am going into the field of law because I feel I can be a power for good with my communication and rhetorical skills. I find the field of law captivating and exciting, each problem presenting an opportunity for analysis and greater understanding.