12 LEGAL COMMUNICATION: AN INTRODUCTION 12 TO RHETORICAL AND COMMUNICATION THEORY PERSPECTIVES STEVEN R. GOLDZWIG Marquette University MICHAEL J. CODY University of Southern California In this chapter we face the difficult task of introducing the reader to the rhetorical and communication research on legal communication in a few pages. Because whole books and chapters are written on any one aspect of this topic (i.e., language in the courtroom), we have decided to write a chapter that sketches the highlights of research in selected areas, outlines the main findings in each area, and provides ample references to scholarly literature. We first overview how scholars adopting a rhetorical viewpoint study legal discourse, courtroom drama, and storytelling. We then outline several areas pertinent both to the practice of lawyering and to the empiri- cally oriented scholar. RHETORICAL ANALYSES IN LEGAL SETTINGS A number of authors have cited the close alliance between the disciplines of speech communication and law ( Bunn, 1964; Rice, 1961; Strother, 1961; Weiss, 1959). However, in 1970 Anapol noted a surprising lack of exten- sive literature on the relation between rhetoric and the law. This came as somewhat of a shock because rhetoric can be seen as a source of law and law figures prominently in the rhetoric of Western civilization ( Pilotta, Murphy, Wilson, & Jones, 1983). Both the rhetorical and legal disciplines, argued Anapol ( 1970), can benefit from a renewal of their classical roots when they enjoy a closer, -245- |