Legal education is the education of individuals in the principles, practices, and theory of law . It may be undertaken for several reasons, including to provide the knowledge and skills necessary for admission to legal practice in a particular jurisdiction, to provide a greater breadth of knowledge to those working in other professions such as politics or business, to provide current lawyers with advanced training or greater specialisation, or to update lawyers on recent developments in the law.
160-487: Legal education can take the form of a variety of programs, including: Early Western legal education emerged in Republican Rome. Initially those desiring to be advocates would train in schools of rhetoric . Around the third century BCE Tiberius Coruncanius began teaching law as a separate discipline. His public legal instruction had the effect of creating a class of legally skilled non-priests ( jurisprudentes ),
320-597: A bachelor's degree . The undergraduate degree can be in any field, though most American lawyers hold bachelor's degrees in the humanities and social sciences. American law schools are usually an autonomous entity within a larger university. Primary degrees in law are offered by law schools , known in some countries as faculties of law. Law schools may have varying degrees of autonomy within a particular university or, in some countries, can be entirely independent of any other post-secondary educational institution. Higher degrees allow for more advanced academic study. These include
480-474: A "solid scientifical method" as the foundation of his future practice, so that he would afterwards "proceed with the greatest ease, and will unfold the most intricate points with an intuitive rapidity and clearness". In many countries, including most of those in the Commonwealth of Nations , the principal law degree is an undergraduate degree , usually known as a Bachelor of Laws (LLB). Graduates of such
640-672: A Philippine law school constitutes the primary eligibility requirement for the Philippine Bar Examinations, administered by the Supreme Court during the month of September every year. In order to be eligible to take the bar examinations, one must complete either of the two professional degrees : The Bachelor of Laws (LL.B.) program or the Juris Doctor (J.D.) program. Advanced degrees are offered by some law schools, but are not requirements for admission to
800-506: A barrister to practice in a dual capacity. In some common law jurisdictions, such as New Zealand and some Australian states and territories, lawyers are entitled to practice both as barristers and solicitors, but it remains a separate system of qualification to practice exclusively as a barrister. In others, such as the United States , the distinction between barristers and other types of lawyers does not exist at all. A barrister
960-407: A barrister usually wears a horsehair wig, stiff collar, bands , and a gown. Since January 2008, solicitor advocates have also been entitled to wear wigs, but wear different gowns. In many countries the traditional divisions between barristers and other legal representatives are gradually decreasing. Barristers once enjoyed a monopoly on appearances before the higher courts, but particularly within
1120-648: A certificate or accreditation in applied legal practice or a particular specialisation. Continuing legal education (also known as continuing professional development) programs are informal seminars or short courses which provide legal practitioners with an opportunity to update their knowledge and skills throughout their legal career. In some jurisdictions, it is mandatory to undertake a certain amount of continuing legal education each year. In Australia most universities offer law as an undergraduate-entry course (LLB, 4 years), or combined degree course (e.g., BSc/LLB, BCom/LLB, BA/LLB, BE/LLB, 5–6 years). Some of these also offer
1280-589: A civic art of rhetoric, combining the almost incompatible properties of techne and appropriateness to citizens." Each of Aristotle's divisions plays a role in civic life and can be used in a different way to affect the polis . Because rhetoric is a public art capable of shaping opinion, some of the ancients, including Plato found fault in it. They claimed that while it could be used to improve civic life, it could be used just as easily to deceive or manipulate. The masses were incapable of analyzing or deciding anything on their own and would therefore be swayed by
1440-461: A client in administrative tax appeals) and patent agents ( "benrishi" , qualified to practice patent registration and represent a client in administrative patent appeals). Only the lawyers ( bengoshi ) can appear before the court and are qualified to practice in any areas of law, including, but not limited to, areas that those qualified law-related professionals above are allowed to practice. Most attorneys still focus primarily on court practice and still
1600-407: A completed undergraduate degree is usually required. In practice, the vast majority of those who are admitted have already earned at least an undergraduate (bachelor's) degree . The change in academic nomenclature re-designating the common law degree as a J.D. rather than an LL.B., currently completed or under consideration at a number of Canadian schools, has not affected the level of instruction—it
1760-518: A consequence, law schools are required to admit anyone holding the baccalaureate. However, the failure rate is extremely high (up to 70%) during the first two years of the "licenza in diritto". There are no vast disparities in the quality of Southern European law schools. Many schools focus on their respective city and region. The law school program is divided following the European standards for university studies ( Bologna process ): The first year of
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#17327798923801920-663: A conservative status quo" and they held that "skilled speech should support, not question, society". In ancient China , rhetoric dates back to the Chinese philosopher , Confucius (551–479 BCE ). The tradition of Confucianism emphasized the use of eloquence in speaking. Barrister Ireland: Barrister-at-Law degree with pupillage A barrister is a type of lawyer in common law jurisdictions . Barristers mostly specialize in courtroom advocacy and litigation . Their tasks include arguing cases in courts and tribunals , drafting legal pleadings , researching
2080-601: A course of study has evolved since its ancient beginnings, and has adapted to the particular exigencies of various times, venues, and applications ranging from architecture to literature. Although the curriculum has transformed in a number of ways, it has generally emphasized the study of principles and rules of composition as a means for moving audiences. Rhetoric began as a civic art in Ancient Greece where students were trained to develop tactics of oratorical persuasion, especially in legal disputes. Rhetoric originated in
2240-405: A fused profession, arguing and preparing cases in contentious matters, whereas Quebec's other type of lawyer, civil-law notaries ( notaires ), handle out-of-court non-contentious matters. However, a number of areas of non-contentious private law are not monopolized by notaries so that attorneys often specialize in handling either trials, cases, advising, or non-trial matters. The only disadvantage
2400-576: A good man, a person enlightened on a variety of civic topics. He describes the proper training of the orator in his major text on rhetoric, De Oratore , which he modeled on Plato's dialogues. Modern works continue to support the claims of the ancients that rhetoric is an art capable of influencing civic life. In Political Style , Robert Hariman claims that "questions of freedom, equality, and justice often are raised and addressed through performances ranging from debates to demonstrations without loss of moral content". James Boyd White argues that rhetoric
2560-473: A group. This definition of rhetoric as identification broadens the scope from strategic and overt political persuasion to the more implicit tactics of identification found in an immense range of sources . Among the many scholars who have since pursued Burke's line of thought, James Boyd White sees rhetoric as a broader domain of social experience in his notion of constitutive rhetoric . Influenced by theories of social construction , White argues that culture
2720-529: A guide to creating persuasive messages and arguments: Memory was added much later to the original four canons. During the Renaissance rhetoric enjoyed a resurgence, and as a result nearly every author who wrote about music before the Romantic era discussed rhetoric. Joachim Burmeister wrote in 1601, "there is only little difference between music and the nature of oration". Christoph Bernhard in
2880-622: A journal called Wagon Mound , and holds an annual national mooting competition. There is an Auckland University Law Students Society, which publishes the Auckland University Law Review , is a member of International Law Students Association, and which held the Students' Conference on Law Reform in 1965. There is a Wellington Law Students Society, an Otago Law Students Society, and a University of Canterbury Law Students Society. The original Canterbury Law Students Society
3040-600: A lawyer who represented the client in the lower courts. However, these restrictions do not apply to criminal cases, nor to pleadings at courts of the other court systems, including labour, administrative, taxation, and social courts and the European Union court system. The legal profession in Hong Kong is also divided into two branches: barristers and solicitors. In the High Court of Hong Kong (including both
3200-632: A less formal arrangement but this is not compulsory. Devils are not generally paid for their work in their devilling year. Israel In Israel, there is no distinction between barristers and solicitors. Japan adopts a unified system. However, there are certain classes of qualified professionals who are allowed to practice in certain limited areas of law, such as scriveners ( shiho shoshi , qualified to handle title registration, deposit, and certain petite court proceedings with additional certification), tax accountants ( zeirishi , qualified to prepare tax returns, provide advice on tax computation and represent
3360-518: A limited field, ignoring many critical applications of rhetorical theory, criticism, and practice. Simultaneously, the neo-Sophists threaten to expand rhetoric beyond a point of coherent theoretical value. In more recent years, people studying rhetoric have tended to enlarge its object domain beyond speech. Kenneth Burke asserted humans use rhetoric to resolve conflicts by identifying shared characteristics and interests in symbols. People engage in identification , either to assign themselves or another to
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#17327798923803520-501: A much more diverse range of domains than was the case in ancient times. While classical rhetoric trained speakers to be effective persuaders in public forums and in institutions such as courtrooms and assemblies, contemporary rhetoric investigates human discourse writ large . Rhetoricians have studied the discourses of a wide variety of domains, including the natural and social sciences, fine art, religion, journalism, digital media, fiction, history, cartography , and architecture, along with
3680-404: A positive image, potentially at the expense of suppressing dissent or criticism. An example of this is the government's actions in freezing bank accounts and regulating internet speech, ostensibly to protect the vulnerable and preserve freedom of expression, despite contradicting values and rights. The origins of the rhetoric language begin in Ancient Greece. It originally began by a group named
3840-475: A program are eligible to become lawyers by passing the country's equivalent of a bar exam . In these countries, graduate law programs are advanced degrees which allow for more in-depth study or specialisation. In the United States and Canada, the primary law degree is a graduate degree known as the Juris Doctor (JD). Students may pursue such a degree only after completing an undergraduate degree, usually
4000-473: A revival with the rise of democratic institutions during the late 18th and early 19th centuries. Hugh Blair was a key early leader of this movement. In his most famous work, Lectures on Rhetoric and Belles Lettres , he advocates rhetorical study for common citizens as a resource for social success. Many American colleges and secondary schools used Blair's text throughout the 19th century to train students of rhetoric. Political rhetoric also underwent renewal in
4160-532: A school of pre-Socratic philosophers known as the Sophists c. 600 BCE . Demosthenes and Lysias emerged as major orators during this period, and Isocrates and Gorgias as prominent teachers. Modern teachings continue to reference these rhetoricians and their work in discussions of classical rhetoric and persuasion. Rhetoric was taught in universities during the Middle Ages as one of
4320-560: A separate qualification) and who retain exclusivity over conveyancing and probate. After the 1971 and 1990 legal reforms, the avocat was fused with the avoué and the conseil juridique , making the avocat (or, if female, avocate ) an all-purpose lawyer for matters of contentious jurisdiction, analogous to an American attorney. French attorneys usually do not (although they are entitled to) act both as litigators (trial lawyers) and legal consultants (advising lawyers), known respectively as avocat plaidant and avocat-conseil . This distinction
4480-513: A single state bar council to practise in India. However, this does not restrict a barrister from appearing before any court in India. For all practical and legal purposes, the Bar Council of India retains with it, the final power to take decisions in any and all matters related to the legal profession on the whole or with respect to any There are two requirements to practise in India. First,
4640-623: A sort of consultancy. After Coruncanius' death, instruction gradually became more formal, with the introduction of books on law beyond the then scant official Roman legal texts. It is possible that Coruncanius allowed members of the public and students to attend consultations with citizens in which he provided legal advice. These consultations were probably held outside the College of Pontiffs, and thus accessible to all those interested. Canon and ecclesiastical law were studied in universities in medieval Europe. However, institutions providing education in
4800-571: A specific examination to enter bar school (CRFPA, école du barreau). They must successfully finish the first year of a Master of law (M1 or maitrise de droit) to be able to attend. If they succeed, then after 18 months (school, practical aspects, ethics and internship) they then take the CAPA exam and diploma(Certificat d'Aptitude à la Profession d'Avocat). Successful students also take the Oath in order to practice law. The Japanese Ministry of Justice opened
4960-478: A successful rhetorician could speak convincingly on a topic in any field, regardless of his experience in that field. This suggested rhetoric could be a means of communicating any expertise, not just politics. In his Encomium to Helen , Gorgias even applied rhetoric to fiction by seeking, for his amusement, to prove the blamelessness of the mythical Helen of Troy in starting the Trojan War . Plato defined
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5120-614: A three-year postgraduate Juris Doctor (JD) program. Bond University in Queensland runs three full semesters each year, teaching from mid-January to late December. This enables the Bond University Law Faculty to offer the LLB in the usual 8 semesters, but only 2 2 ⁄ 3 years. They also offer a JD in two years. The University of Technology, Sydney will from 2010 offer a 2-year accelerated JD program. In 2008,
5280-443: A tool to influence communities from local to national levels. Political parties employ "manipulative rhetoric" to advance their party-line goals and lobbyist agendas. They use it to portray themselves as champions of compassion, freedom, and culture, all while implementing policies that appear to contradict these claims. It serves as a form of political propaganda, presented to sway and maintain public opinion in their favor, and garner
5440-414: A very small number of attorneys give sophisticated and expert legal advice on a day-to-day basis to large corporations. The Netherlands used to have a semi-separated legal profession comprising the lawyer and the procureur , the latter resembling, to some extent, the profession of barrister. Under that system, lawyers were entitled to represent their clients in law, but were only able to file cases before
5600-425: Is "reconstituted" through language. Just as language influences people, people influence language. Language is socially constructed, and depends on the meanings people attach to it. Because language is not rigid and changes depending on the situation, the very usage of language is rhetorical. An author, White would say, is always trying to construct a new world and persuading his or her readers to share that world within
5760-438: Is Epistemic?". In it, he focuses on uncovering the most appropriate definitions for the terms "rhetoric", "knowledge", and "certainty". According to Harpine, certainty is either objective or subjective. Although both Scotts and Cherwitz and Hikins theories deal with some form of certainty, Harpine believes that knowledge is not required to be neither objectively nor subjectively certain. In terms of "rhetoric", Harpine argues that
5920-641: Is a growing tendency for practitioners in the bigger practices to specialize in one or the other. In colloquial parlance within the Nigerian legal profession, lawyers may, therefore, be referred to as "litigators" or as "solicitors". Consistent with the practice in England and elsewhere in the Commonwealth, senior members of the profession may be selected for elevation to the Inner Bar by the conferment of
6080-584: Is a lawyer who represents a litigant as an advocate before a court. A barrister speaks in court and presents the case before a judge, with or without a jury. In some jurisdictions, a barrister receives additional training in evidence law, ethics, and court practice and procedure. In contrast, other legal professionals (such as solicitors) generally meet with clients, perform preparatory and administrative work, and provide legal advice. Barristers often have little or no direct contact with their clients. All correspondence, inquiries, invoices, and so on, will be addressed to
6240-399: Is a split between the roles of barrister and solicitor, the barrister in civil law jurisdictions is responsible for appearing in trials or pleading cases before the courts. Barristers usually have particular knowledge of case law, precedent, and the skills to build a case. When another legal professional is confronted with an unusual point of law, they may seek the opinion of a barrister on
6400-545: Is also an oral exam. After passing the 2nd State Exam, the trainee may become a lawyer. In Hong Kong law can be studied as a four-year undergraduate degree Bachelor of Laws (LLB), a two-year postgraduate degree (Juris Doctor), or the Common Professional Examination conversion course for non-law graduates. One must then pass the one-year Postgraduate Certificate in Laws (PCLL) currently offered at
6560-538: Is also known for describing her process of invention in "The Exaltation of Inanna," moving between first- and third-person address to relate her composing process in collaboration with the goddess Inanna, reflecting a mystical enthymeme in drawing upon a Cosmic audience. Later examples of early rhetoric can be found in the Neo-Assyrian Empire during the time of Sennacherib (704–681 BCE ). In ancient Egypt , rhetoric had existed since at least
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6720-502: Is also offered such as, Business law, Human resource and Labour laws, Property laws, Family laws, Human rights & Legal awareness, Taxation law and many more. Law in Italy and France is studied in a jurisprudence school which is an entity within a larger university. Legal education can be started immediately after obtained a Diploma. Italian and French law schools are affiliated with public universities, and are thus public institutions. As
6880-464: Is an overwhelming majority that does support the concept of certainty as a requirement for knowledge , but it is at the definition of certainty where parties begin to diverge. One definition maintains that certainty is subjective and feeling-based, the other that it is a byproduct of justification . The more commonly accepted definition of rhetoric claims it is synonymous with persuasion . For rhetorical purposes, this definition, like many others,
7040-468: Is capable not only of addressing issues of political interest but that it can influence culture as a whole. In his book, When Words Lose Their Meaning , he argues that words of persuasion and identification define community and civic life. He states that words produce "the methods by which culture is maintained, criticized, and transformed". Rhetoric remains relevant as a civic art. In speeches, as well as in non-verbal forms, rhetoric continues to be used as
7200-516: Is difficult to define. Political discourse remains the paradigmatic example for studying and theorizing specific techniques and conceptions of persuasion or rhetoric. Throughout European History , rhetoric meant persuasion in public and political settings such as assemblies and courts. Because of its associations with democratic institutions, rhetoric is commonly said to flourish in open and democratic societies with rights of free speech , free assembly, and political enfranchisement for some portion of
7360-413: Is driven by examination. The profession of barristers, is highly regulated, and the pass rate for the bar exam is around five percent. Prospective attorneys who do pass the exam usually take it two or three times before passing it, and a number of specialized "private educational institutes" exist for prospective lawyers. After passing the bar exam, prospective barristers undergo a two-year training period at
7520-496: Is especially used by the fields of marketing, politics, and literature. Another area of rhetoric is the study of cultural rhetorics, which is the communication that occurs between cultures and the study of the way members of a culture communicate with each other. These ideas can then be studied and understood by other cultures, in order to bridge gaps in modes of communication and help different cultures communicate effectively with each other. James Zappen defines cultural rhetorics as
7680-430: Is generally recognised that the first examination is much more difficult than the CAPA and is dreaded by most law students. Each bar is regulated by a Bar Council ( Ordre du barreau ). A separate body of barristers exists called the avocats au Conseil d'Etat et à la Cour de Cassation . Although their legal background, training and status is the same as the all-purpose avocats, these have a monopoly over litigation taken to
7840-1016: Is governed by a separate examination. As a Commonwealth country, the Malaysian legal education system is rooted from the United Kingdom. Legal qualifications offered by the local law faculties require students to have a pre-university qualification such as the Malaysian Higher School Certificate , A-Level , International Baccalaureate , Foundation Course or a Diploma. Generally, the law degree programmes in Malaysia consist of civil law subjects, but there are institutions such as The National University of Malaysia, International Islamic University Malaysia and Universiti Sultan Zainal Abidin that include Sharia or Islamic law courses as requirements for admission and graduation. Malaysian law graduates from universities in
8000-478: Is however purely informal and does not correspond to any difference in qualification or admission to the role. All intending attorneys must pass an examination to be able to enrol in one of the Centre régional de formation à la profession d'avocat (CRFPA) (Regional centre for the training of lawyers). The CRFPA course has a duration of two years and is a mix between classroom teachings and internships. Its culmination
8160-524: Is little overlap. In the Australian states of New South Wales , Victoria and Queensland , there is a split profession. Nevertheless, subject to conditions, barristers can accept direct access work from clients. Each state Bar Association regulates the profession and essentially has the functions of the English Inns of Court. In the states of South Australia and Western Australia , as well as
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#17327798923808320-721: Is no formal distinction between barristers and solicitors. All students who pass the bar examinations – offered exclusively by the Nigerian Law School – are called to the Nigerian bar, by the Body of Benchers. Lawyers may argue in any Federal trial or appellate court as well as any of the courts in Nigeria's 36 states and the Federal Capital Territory. The Legal Practitioner's Act refers to Nigerian lawyers as Legal Practitioners, and following their call to
8480-552: Is no institution devised by man which the power of speech has not helped us to establish." With this statement he argues that rhetoric is a fundamental part of civic life in every society and that it has been necessary in the foundation of all aspects of society. He further argues in Against the Sophists that rhetoric, although it cannot be taught to just anyone, is capable of shaping the character of man. He writes, "I do think that
8640-607: Is not usually done for interlocutory applications. Wigs and robes are still worn in the Supreme Court and the District Court in civil matters and are dependent on the judicial officer's attire. Robes and wigs are worn in all criminal cases. In Western Australia, wigs are no longer worn in any court. Each year, the Bar Association appoints certain barristers of seniority and eminence to the rank of "Senior Counsel" (in most States and Territories) or "King's Counsel" (in
8800-578: Is offered by the San Beda College Graduate School of Law. Graduate programs in law are also regulated by the Legal Education Board. Rhetoric Rhetoric ( / ˈ r ɛ t ə r ɪ k / ) is the art of persuasion . It is one of the three ancient arts of discourse ( trivium ) along with grammar and logic / dialectic . As an academic discipline within the humanities , rhetoric aims to study
8960-406: Is relatively common for the barrister to receive the brief from the instructing solicitor to represent a client at trial only a day or two before the proceeding. Part of the reason for this is cost. A barrister is entitled to a "brief fee" when a brief is delivered, and this represents the bulk of his or her fee in relation to any trial. They are then usually entitled to a " refresher " for each day of
9120-697: Is required to maintain certain standards of conduct and professional demeanour at all times. The Bar Council of India prescribes rules of conduct to be observed by the Barristers in the courts, while interacting with clients and in non-professional settings. In the Republic of Ireland , admission to the Bar by the Chief Justice of Ireland is restricted to those on whom a Barrister-at-Law degree (BL) has first been conferred. The Honorable Society of King's Inns
9280-400: Is still a rarity in most jurisdictions, partly because barristers with narrow specialisations, or who are only really trained for advocacy, are not prepared to provide general advice to members of the public. Historically, barristers have had a major role in trial preparation, including drafting pleadings and reviewing evidence. In some areas of law, that is still the case. In other areas, it
9440-474: Is that attorneys cannot draw up public instruments that have the same force of law as notarial acts . Most large law firms in Quebec offer the full range of legal services of law firms in common-law provinces. Intending Quebec attorneys must earn a bachelor's degree in civil law, pass the provincial bar examination, and successfully complete a legal internship to be admitted to practice. Attorneys are regulated by
9600-464: Is the stage final (final training), where the intending attorney spends six months in a law firm (generally in their favoured field of practice and in a firm in which they hope to be recruited afterwards). The intending attorney then needs to pass the Certificat d'Aptitude à la Profession d'Avocat (CAPA) , which is the last professional examination allowing them to join a court's bar ( barreau ). It
9760-671: Is the Bangladesh Legal Practitioners and Bar Council Order as administered and enforced by the Bangladesh Bar Council. The Bar Council is the supreme statutory body that regulates the legal professions in Bangladesh and ensures educational standards and regulatory compliance of advocates. Newly enrolled advocates are permitted to start practice in the district courts after admission. After two years of practice, advocates may apply to practice in
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#17327798923809920-548: Is the only educational establishment which runs vocational courses for barristers in the Republic and degrees of Barrister-at-Law can only be conferred by King's Inns. King's Inns are also the only body with the capacity to call individuals to the bar and to disbar them. Most Irish barristers choose to be governed thereafter by the Bar of Ireland , a quasi-private entity. Senior members of the profession may be selected for elevation to
10080-511: Is the same degree. In Germany, law degrees historically did not exist and were unnecessary for legal practice. Now, those who wish to enter the legal profession must study in universities, for which the standard curriculum length is 4 and 1/2 years. Some law schools have also begun to award the Diplom-Jurist degree. German students enter into law school after high school ( Gymnasium ) graduation. After their studies, candidates complete
10240-528: Is too broad. The same issue presents itself with definitions that are too narrow. Rhetoricians in support of the epistemic view of rhetoric have yet to agree in this regard. Philosophical teachings refer to knowledge as a justified true belief . However, the Gettier Problem explores the room for fallacy in this concept. Therefore, the Gettier Problem impedes the effectivity of the argument of Richard A. Cherwitz and James A. Hikins, who employ
10400-775: The Advocates Act, 1961 , which is a law passed by the Parliament both on the aspect of legal education and also regulation of conduct of legal profession. Various regional universities or specialised national law universities offer Law graduate degrees through various law schools. In India law can be studied, as LL.B. (Bachelor of Laws) or B.L. (Bachelor of Law), a three-year graduate degree after completion of Bachelor's degree . Alternatively after standard 12 one can join an integrated five-year law course which provides option to avail B.A. LL.B. or B.B.A. LLB. or B.Sc. LL.B. In India applied legal education for specific branches of law
10560-700: The Australian Capital Territory , the professions of barrister and solicitor are fused, but an independent bar nonetheless exists, regulated by the Legal Practice Board of the state or territory. In Tasmania and the Northern Territory , the profession is fused, although a very small number of practitioners operate as an independent bar. Generally, counsel dress in the traditional English manner (wig, gown, bar jacket and jabot ) before superior courts, although this
10720-530: The Bar Council of India . Under the act, the council is the supreme regulatory body for the legal profession in India, ensuring the compliance of the laws and maintenance of professional standards by the legal profession in the country. The council is authorised to pass regulations and make orders in individual cases. Each state has a bar council whose function is to enrol barristers practising predominantly within that state. Each barrister must be enrolled with
10880-547: The Court of First Instance and the Court of Appeal ) and the Hong Kong Court of Final Appeal , as a general rule, only barristers and solicitor-advocates are allowed to speak on behalf of any party in open court. This means that solicitors are restricted from doing so. In these two courts, save for hearings in chambers, barristers dress in the traditional English manner, as do the judges and other lawyers. In Hong Kong,
11040-467: The Inn of Court to which they belong. In some countries, there is external regulation. Inns of Court, where they exist, regulate admission to the profession. Inns of Court are independent societies that are responsible for the training, admission, and discipline of barristers. Where they exist, a person may only be called to the bar by an Inn, of which they must be a member. Historically, call to and success at
11200-626: The Judicial Research and Training Institute of the Supreme Court of Korea . During this period, the most capable trainees are "selected out" to become career judges; others may become prosecutors or private practitioners. In 2007, the Korean government passed a law allowing for the creation of three-year law schools ( 법학전문대학원 ). According to the new law, the old system of selecting lawyers by examination will be phased out by 2013 and
11360-558: The Middle Kingdom period ( c. 2080–1640 BCE ). The five canons of eloquence in ancient Egyptian rhetoric were silence, timing, restraint, fluency, and truthfulness. The Egyptians held eloquent speaking in high esteem. Egyptian rules of rhetoric specified that "knowing when not to speak is essential, and very respected, rhetorical knowledge", making rhetoric a "balance between eloquence and wise silence". They also emphasized "adherence to social behaviors that support
11520-518: The United Kingdom this is no longer true. Solicitor-advocates and qualified chartered legal executives can generally appear on behalf of clients at trial. Increasingly, law firms are keeping even the most advanced advisory and litigation work in-house for economic and client relationship reasons. Similarly, the prohibition on barristers taking instructions directly from the public has also been widely abolished. But, in practice, direct instruction
11680-699: The University of Hong Kong (HKU), Chinese University of Hong Kong and City University of Hong Kong , before starting vocational training: a year's pupillage for barristers or a two-year training contract for solicitors . The move to a four-year LLB was recent and, in the case of HKU, was aimed at shifting some of the more theoretical aspects of the HKU PCLL into the LLB, leaving more room for practical instruction. The Bar Council of India prescribes and supervises standard of legal education in India. Law degrees in India are granted and conferred in terms of
11840-465: The University of Melbourne introduced the Melbourne Model , whereby Law is only available as a graduate degree, with students having to have completed a three-year bachelor's degree (usually an Arts degree) before being eligible. Students in combined degree programs would spend the first 3 years completing their first bachelor's degree together with some preliminary law subjects, and then spend
12000-877: The University of Queensland , the University of Western Australia and the University of Canberra . The professional law degree in Canada is the Bachelor of Laws (LL.B.) / Juris Doctor (J.D.) for common law jurisdictions, and the Bachelor of Laws, Licentiate of Law or Bachelor of Civil Law (LL.B./LL.L./B.C.L.) for Quebec, a civil law jurisdiction. Quebec civil law degrees (and the transsystemic B.C.L../J.D. [previously called B.C.L./LL.B.] program at McGill University ) are undergraduate-entry—students can be admitted directly after Quebec's pre-university college program ( Diplôme d'études collégiales ). Admittance to an LL.B. (also called J.D.) program in common law requires at least two years of undergraduate education, although
12160-580: The University of Tokyo Faculty of Law in 1877 (changed to Imperial University in 1886). To matriculate to the University of Tokyo, students had to finish ten to fifteen years of compulsory education; acceptance was therefore available to only a small elite. The law program produced politically dependable graduates to fill fast-track administrative positions in government, also known as high civil servants (koto bunkan), and to serve as judges and prosecutors. Private law schools opened around 1880. These lacked
12320-469: The University of Tokyo , Kyoto University or Hitotsubashi University . With this new law school system came a new bar exam, with a 40–50% passage rate which is capped by a numerical quota. Applicants are now limited to taking the exam three times in a five-year period. Despite the much higher bar passage rate with the new exam, due to the quotas, approximately half of Japanese law school graduates will never be admitted to practice. The new system also reduced
12480-402: The justified true belief standpoint in their argument for rhetoric as epistemic . Celeste Condit Railsback takes a different approach, drawing from Ray E. McKerrow's system of belief based on validity rather than certainty . William D. Harpine refers to the issue of unclear definitions that occurs in the theories of "rhetoric is epistemic" in his 2004 article "What Do You Mean, Rhetoric
12640-403: The procureur as a separate profession was abolished and its functions merged with the legal profession in 2008. Currently, lawyers can file cases before any court, regardless of where they are registered. The only notable exception concerns civil cases brought before the Supreme Court , which have to be handled by lawyers registered at the Supreme Court, thus gaining from it the title "lawyer at
12800-425: The 14th century and during the course of the 19th and 20th in particular, French barristers competed in territorial battles over respective areas of legal practice against the conseil juridique (legal advisor, transactional solicitor) and avoué (procedural solicitor), and expanded to become the generalist legal practitioner, with the notable exception of notaires (notaries), who are ministry appointed lawyers (with
12960-549: The Athenians did, indeed rely on persuasive speech, more during public speak, and four new political processes, also increasing the sophists trainings leading too many victories for legal cases, public debate, and even a simple persuasive speech. This ultimately led to concerns rising on falsehood over truth, with highly trained, persuasive speakers, knowingly, misinforming. Rhetoric has its origins in Mesopotamia . Some of
13120-469: The Athenians persuasive speech, with the goal of navigating the courts and senate. The sophists became speech teachers known as Sophia; Greek for "wisdom" and root for philosophy, or " love of wisdom" – the sophists came to be common term for someone who sold wisdom for money. Although there is no clear understanding why the Sicilians engaged to educating the Athenians persuasive speech. It is known that
13280-433: The Bar , Nigerian lawyers enter their names in the register or Roll of Legal Practitioners kept at the Supreme Court. For this reason, a Nigerian lawyer is often referred to as a Barrister and Solicitor of the Supreme Court of Nigeria, and many Nigerian lawyers term themselves Barrister-at-Law with the postnominal initials "B.L". The vast majority of Nigerian lawyers combine contentious and non-contentious work, although there
13440-469: The Bar of Ireland's Law Library. To practise under the Bar of Ireland's rules, a newly qualified barrister is apprenticed to an experienced barrister of at least seven years' experience. This apprenticeship is known as pupillage or devilling . Devilling is compulsory for those barristers who wish to be members of the Law Library and lasts for one legal year. It is common to devil for a second year in
13600-540: The Canadian legal profession, lawyers often term themselves as "litigators" (or "barristers"), or as "solicitors", depending on the nature of their law practice though some may in effect practise as both litigators and solicitors. However, "litigators" would generally perform all litigation functions traditionally performed by barristers and solicitors; in contrast, those terming themselves "solicitors" would generally limit themselves to legal work not involving practice before
13760-638: The First State Examination . In the First State Exam, 30% of the exam is on a specialized area of law, chosen by the examinee, which is organized and carried out by the university. In practice, the more important part is the 70% of obligatory areas of law examined by the Justizprüfungsamt , a body of the state administration of justice. Failure rates of the 1st State Examination can be up to 30%. The written part concerns
13920-547: The High Court Division of the Supreme Court of Bangladesh by passing the Bar Council Examination. Only advocates who are barristers in the United Kingdom may use the title of barrister. In Canada (except Quebec ), the professions of barrister and solicitor are fused, and many lawyers refer to themselves with both names, even if they do not practise in both areas. In colloquial parlance within
14080-564: The Inner Bar, when they may describe themselves as Senior Counsel ("SC"). All barristers who have not been called to the Inner Bar are known as Junior Counsel (and are identified by the postnominal initials "BL"), regardless of age or experience. Admission to the Inner Bar is made by declaration before the Supreme Court , patents of precedence having been granted by the Government . Irish barristers are sole practitioners and may not form chambers or partnerships if they wish to remain members of
14240-579: The Japanese Diet passed a law allowing for the creation of graduate level law school law schools ( 法科大学院 , hōka daigakuin ) that offer a J.D., or Hōmu Hakushi (法務博士). The 2006 bar examination was first in Japanese history to require a law school degree as a prerequisite. In the past, although there has been no educational requirement, most of those who passed the examination had earned undergraduate degrees from "elite" Japanese universities such as
14400-486: The Legal Research and Training Institute of the Supreme Court of Japan . The training period has traditionally been devoted to litigation practice and virtually no training is given for other aspects of legal practice, e.g., contract drafting, legal research . During this period, the most "capable trainees" are "selected out" to become career judges; others may become prosecutors or private practitioners. In 2004,
14560-646: The Masters of Law (LLM) by coursework or research, and doctoral degrees such as the PhD or SJD. Practitioners may undertake a Masters of Law by coursework to obtain greater specialisation in an area in which they practice. In many common law countries, a higher degree in law is common and expected for legal academics. In addition, incorporating practical skills is beneficial for practitioners seeking higher degrees to better prepare them in their respective legal area of practice. In contrast, higher degrees in law are uncommon in
14720-547: The Northern Territory, Queensland, Victoria and South Australia). Such barristers carry the title "SC" or "KC" after their name. The appointments are made after a process of consultation with members of the profession and the judiciary. Senior Counsel appear in particularly complex or difficult cases. They make up about 14 per cent of the bar in New South Wales. In Bangladesh, the law relating to barristers
14880-497: The Quebec Law Society ( Barreau du Québec ). In France, avocats , or attorneys, were, until the 20th century, the equivalent of barristers. The profession included several grades ranked by seniority: avocat-stagiaire (trainee, who was already qualified but needed to complete two years (or more, depending on the period) of training alongside seasoned lawyers), avocat , and avocat honoraire (emeritus barrister). Since
15040-408: The Sophists, who wanted to teach the Athenians to speak persuasively in order to be able to navigate themselves in the court and senate. What inspired this form of persuasive speech came about through a new form of government, known as democracy, that was being experimented with. Consequently people began to fear that persuasive speech would overpower truth. Aristotle however believed that this technique
15200-568: The Supreme Court or of the Court of Appeals. Its first chairman is Justice Hilarion Aquino. Sitting as members of the Board are a representative of the law professors, a representative of the law deans and a representative of the Commission on Higher Education. The membership of a student representative has been subject to continuing debate and resistance on the part of law schools. Graduation from
15360-557: The Supreme Court". In New Zealand, the professions are not formally fused but practitioners are enrolled in the High Court as "Barristers and Solicitors". They may choose, however, to practice as barristers sole. About 15% practice solely as barristers, mainly in the larger cities and usually in "chambers" (following the British terminology). They receive "instructions" from other practitioners, at least nominally. They usually conduct
15520-466: The U.S.-style law schools will be the sole route to become a lawyer. In February 2008, the Ministry of Education of Korea selected 25 universities to open law schools. The total enrollment for all law schools is capped at 2,000, which is a source of contention between the powerful Korea Bar Association, and citizen groups and school administrators. There is an uproar among the schools which failed to get
15680-633: The UK, Australia or New Zealand are allowed to practice law in Malaysia. However, they are required to obtain a Certificate of Legal Practice in Laws of Malaysia. The Council of Legal Education was established by section 2 of the New Zealand University Amendment Act 1930 (amending and deemed part of the New Zealand University Act 1908 ). There is a New Zealand Law Students Association, which has published
15840-517: The United States, even within the academy. In some countries, including the United Kingdom, Italy, Germany, Canada and some states of Australia, the final stages of vocational legal education required to qualify to practice law are carried out outside the university system. The requirements for qualification as a barrister or as a solicitor are covered in those articles. Legal education providers in some countries offer courses which lead to
16000-473: The analysis of legal issues. After passing the 1st State Examination, candidates undertake a two-year legal traineeship (" Referendariat "), organized by the Federal States . After the legal traineeship, candidates must take the 2nd State Examination, with failure rates far lower than in the 1st State Examination. The written exam consists of drafting judgments, contract and other legal documents; there
16160-479: The applicant must be a holder of a law degree from a recognised institution in India (or from one of the four recognised universities in the United Kingdom). Second, they must pass the enrolment qualifications of the bar council of the state they seek to be enrolled in. Through regulation, the Bar Council of India also ensures the standard of education required for practising in India is met with. A barrister
16320-607: The apprenticeship period at the Legal Research and Training Institute to one year. A number of other law-related professions exist in Japan, such as patent agents ( benrishi ), tax accountants ( zeirishi ), scriveners , etc., entry to each of which is governed by a separate examination. Attorneys ("bengoshi"), being qualified to practice any law, can automatically be qualified as patent agents and tax accountants with no additional examination, but not vice versa. Legal education in Korea
16480-427: The assembly decides about future events, a juryman about past events: while those who merely decide on the orator's skill are observers. From this it follows that there are three divisions of oratory—(1) political, (2) forensic, and (3) the ceremonial oratory of display". Eugene Garver, in his critique of Aristotle's Rhetoric , confirms that Aristotle viewed rhetoric as a civic art. Garver writes, " Rhetoric articulates
16640-450: The assembly, or for fame as a speaker in civic ceremonies, he called it "a combination of the science of logic and of the ethical branch of politics". Aristotle also identified three persuasive audience appeals: logos , pathos , and ethos . The five canons of rhetoric , or phases of developing a persuasive speech, were first codified in classical Rome: invention , arrangement , style , memory , and delivery . From Ancient Greece to
16800-411: The bar, to a large degree, depended upon social connections made early in life. A bar collectively describes all members of the profession of barrister within a given jurisdiction. While as a minimum the bar is an association embracing all its members, it is usually the case, either de facto or de jure , that the bar is invested with regulatory powers over the manner in which barristers practice. In
16960-475: The city area – the citizens of Athens formed institutions to the red processes: are the Senate, jury trials, and forms of public discussions, but people needed to learn how to navigate these new institutions. With no forms of passing on the information, other than word of mouth the Athenians needed an effective strategy to inform the people. A group of wandering Sicilian's later known as the Sophists , began teaching
17120-450: The common law tradition, the respective roles of a lawyer, as legal adviser and advocate, were formally split into two separate, regulated sub-professions. Historically, the distinction was absolute, but in the modern age, some countries that had a split legal profession now have a fused profession . In practice, the distinction in split jurisdictions may be minor, or marked. In some jurisdictions, such as Australia, Scotland and Ireland, there
17280-454: The court at which they were registered. Cases falling under the jurisdiction of another court had to be filed by a procureur registered at that court, in practice often another lawyer exercising both functions. Questions were raised on the necessity of the separation, given the fact that its main purpose – the preservation of the quality of the legal profession and observance of local court rules and customs – had become obsolete. For that reason,
17440-482: The courts (not even in a preparatory manner as performed by solicitors in England), though some might practise before chambers judges. As is the practice in many other Commonwealth jurisdictions such as Australia, Canadian litigators are gowned, but without a wig, when appearing before courts of superior jurisdiction. All law graduates from Canadian law schools, and certified internationally qualified lawyers, can apply to
17600-539: The definition of rhetoric as "the art of persuasion" is the best choice in the context of this theoretical approach of rhetoric as epistemic. Harpine then proceeds to present two methods of approaching the idea of rhetoric as epistemic based on the definitions presented. One centers on Alston's view that one's beliefs are justified if formed by one's normal doxastic while the other focuses on the causal theory of knowledge. Both approaches manage to avoid Gettier's problems and do not rely on unclear conceptions of certainty. In
17760-432: The definition of rhetoric to be the ability to identify the appropriate means of persuasion in a given situation based upon the art of rhetoric ( technê ). This made rhetoric applicable to all fields, not just politics. Aristotle viewed the enthymeme based upon logic (especially, based upon the syllogism) as the basis of rhetoric. Aristotle also outlined generic constraints that focused the rhetorical art squarely within
17920-418: The discussion of rhetoric and epistemology , comes the question of ethics . Is it ethical for rhetoric to present itself in the branch of knowledge ? Scott rears this question, addressing the issue, not with ambiguity in the definitions of other terms, but against subjectivity regarding certainty . Ultimately, according to Thomas O. Sloane, rhetoric and epistemology exist as counterparts, working towards
18080-423: The division between the Sophists and Aristotle. Neo-Aristotelians generally study rhetoric as political discourse, while the neo-Sophistic view contends that rhetoric cannot be so limited. Rhetorical scholar Michael Leff characterizes the conflict between these positions as viewing rhetoric as a "thing contained" versus a "container". The neo-Aristotelian view threatens the study of rhetoric by restraining it to such
18240-405: The domain of public political practice. He restricted rhetoric to the domain of the contingent or probable: those matters that admit multiple legitimate opinions or arguments. Since the time of Aristotle, logic has changed. For example, modal logic has undergone a major development that also modifies rhetoric. The contemporary neo-Aristotelian and neo-Sophistic positions on rhetoric mirror
18400-430: The domestic law of each country emerged later in the eighteenth century. In England, legal education emerged in the late thirteenth century through apprenticeships. The Inns of Court controlled admission to practice and also provided some legal training. English universities had taught Roman and canon law for some time, but formal degrees focused on the native common law did not emerge until the 1800s. William Blackstone
18560-558: The earliest examples of rhetoric can be found in the Akkadian writings of the princess and priestess Enheduanna ( c. 2285–2250 BCE ). As the first named author in history, Enheduanna's writing exhibits numerous rhetorical features that would later become canon in Ancient Greece. Enheduanna's "The Exaltation of Inanna ," includes an exordium , argument , and peroration , as well as elements of ethos , pathos , and logos , and repetition and metonymy . She
18720-503: The expanse of implications these words hold. Those who have identified this inconsistency maintain the idea that Scott's relation is important, but requires further study. The root of the issue lies in the ambiguous use of the term rhetoric itself, as well as the epistemological terms knowledge , certainty , and truth . Though counterintuitive and vague, Scott's claims are accepted by some academics, but are then used to draw different conclusions. Sonja K. Foss , for example, takes on
18880-459: The fall of the Roman republic, poetry became a tool for rhetorical training since there were fewer opportunities for political speech. Letter writing was the primary way business was conducted both in state and church, so it became an important aspect of rhetorical education. Rhetorical education became more restrained as style and substance separated in 16th-century France, and attention turned to
19040-426: The government funding given to the University of Tokyo, so the quality of education there lagged behind. Students only had to pass an examination to matriculate to private law schools, so many of them had not completed middle school. The private law schools produced a large portion of private attorneys because their graduates were often ineligible to apply for government positions. The Imperial University Faculty of Law
19200-648: The government's approval and even among the schools that did get the approval, there is dissatisfaction due to an extremely low enrollment number. Several law schools are permitted to enroll 40 students per year, which is far below the financially sustainable number. Beginning in 2012, passage of the Lawyer Admission Test (which is distinct from the old bar exam) will be required for qualification to practice. A number of other legal professions exist in Korea, such as patent attorneys ( 변리사 ), tax attorneys ( 세무사 ), solicitors ( 법무사 ), etc., entry to each of which
19360-563: The growth of the study of rhetoric in colleges across the United States. Harvard's rhetoric program drew inspiration from literary sources to guide organization and style, and studies the rhetoric used in political communication to illustrate how political figures persuade audiences. William G. Allen became the first American college professor of rhetoric, at New-York Central College , 1850–1853. Debate clubs and lyceums also developed as forums in which common citizens could hear speakers and sharpen debate skills. The American lyceum in particular
19520-448: The idea that rhetoric is concerned with negotiation and listening, not persuasion, which differs from ancient definitions. Some ancient rhetoric was disparaged because its persuasive techniques could be used to teach falsehoods. Communication as studied in cultural rhetorics is focused on listening and negotiation, and has little to do with persuasion. Rhetorical education focused on five canons . The Five Canons of Rhetoric serve as
19680-880: The issue. In most countries, barristers operate as sole practitioners and are prohibited from forming partnerships or from working as a barrister as part of a corporation. In 2009, the Clemens Report recommended the abolition of this restriction in England and Wales. However, barristers normally band together into barristers' chambers to share clerks (administrators) and operating expenses. Some chambers grow to be large and sophisticated. In some jurisdictions, barristers may be employed by firms and companies as in-house legal advisers . In court, barristers may be visibly distinguished from solicitors, chartered legal executives, and other legal practitioners by their apparel. For example, in criminal courts in Ireland, England, and Wales,
19840-574: The last 2–3 years completing the law degree (JD). Alternatively, one can finish any bachelor's degree, and providing their academic results are high, apply for graduate-entry into a 3-year LLB program. Australian Law Schools include those at the University of New England , Australian Catholic University , Australian National University , La Trobe University , Flinders University , Bond University , Macquarie , Monash , Deakin , UNSW , University of Tasmania , Adelaide , Victoria University , Sydney , Melbourne , Queensland University of Technology ,
20000-475: The late 19th century, rhetoric played a central role in Western education in training orators , lawyers , counsellors, historians , statesmen , and poets . Scholars have debated the scope of rhetoric since ancient times. Although some have limited rhetoric to the specific realm of political discourse , to many modern scholars it encompasses every aspect of culture. Contemporary studies of rhetoric address
20160-481: The latter half of the century said "...until the art of music has attained such a height in our own day, that it may indeed be compared to a rhetoric, in view of the multitude of figures" . Epistemology and rhetoric have been compared to one another for decades, but the specifications of their similarities have gone undefined. Since scholar Robert L. Scott stated that, "rhetoric is epistemic ," rhetoricians and philosophers alike have struggled to concretely define
20320-524: The law and giving legal opinions. Barristers are distinguished from solicitors and other types of lawyers (e.g. chartered legal executives) who have more direct access to clients, and may do transactional legal work. In some legal systems, including those of South Africa , Scandinavia , Pakistan , India , Bangladesh , and the British Crown dependencies of Jersey , Guernsey and the Isle of Man ,
20480-572: The legal adviser, who is also primarily responsible for the barrister's fees. In England and Wales, solicitors and chartered legal executives can support barristers when in court, such as managing through the managing of large volumes of documents in the case or negotiating a settlement outside the courtroom. A barrister will usually have rights of audience in the higher courts, whereas other legal professionals will often have more limited access, or will need to acquire additional qualifications to have such access. As in common law countries in which there
20640-436: The legal education system was driven more by examinations than by formal schooling. The passage rate for the bar exam was historically around three percent, and nearly all those who sat for the exam took it several times. A number of specialized "cram schools" trained prospective lawyers for the exam, and these schools remain prevalent today. After passing the bar exam, prospective barristers were required to train for 16 months at
20800-532: The master program (M1) is specialized: public law, private law, business law, European and international law, etc. The second year of the master of law program (M2) can be work-oriented or research oriented (the students write a substantial thesis and can apply to doctoral programs, e.g., a PhD in law). The second year is competitive (entry is based on the student's grades and overall score and on extracurricular activities) and generally more specialized (IP law, contract law, civil liberties, etc.). Students must pass
20960-499: The modes of persuasion: ethos , pathos , and logos ) and trace rhetorical development through history. Rhetoric earned a more esteemed reputation as a field of study with the emergence of Communication Studies departments and of Rhetoric and Composition programs within English departments in universities, and in conjunction with the linguistic turn in Western philosophy . Rhetorical study has broadened in scope, and
21120-417: The more traditional domains of politics and the law. Because the ancient Greeks valued public political participation, rhetoric emerged as an important curriculum for those desiring to influence politics. Rhetoric is still associated with its political origins. However, even the original instructors of Western speech—the Sophists —disputed this limited view of rhetoric. According to Sophists like Gorgias ,
21280-551: The most persuasive speeches. Thus, civic life could be controlled by whoever could deliver the best speech. Plato explores the problematic moral status of rhetoric twice: in Gorgias and in The Phaedrus , a dialogue best-known for its commentary on love. More trusting in the power of rhetoric to support a republic, the Roman orator Cicero argued that art required something more than eloquence. A good orator needed also to be
21440-478: The population. Those who classify rhetoric as a civic art believe that rhetoric has the power to shape communities, form the character of citizens, and greatly affect civic life. Rhetoric was viewed as a civic art by several of the ancient philosophers. Aristotle and Isocrates were two of the first to see rhetoric in this light. In Antidosis , Isocrates states, "We have come together and founded cities and made laws and invented arts; and, generally speaking, there
21600-537: The practice of law in the Philippines. The degrees Master of Laws (LL.M.), Master of Legal Studies are available in only a handful of Philippine universities and colleges, among these San Beda College Graduate School of Law, the University of Santo Tomas and Ateneo de Manila University. The Doctor of Civil Law degree (DCL) is offered only by the University of Santo Tomas and the Doctor of Juridical Science (JSD) degree
21760-457: The proceedings in their entirety. Any lawyer may apply to become a King's Counsel (KC) to recognize the long-standing contribution to the legal profession but this status is only conferred on those practicing as solicitors in exceptional circumstances. This step referred to as "being called to the inner bar" or "taking silk", is considered highly prestigious and has been a step in the career of many New Zealand judges. Unlike other jurisdictions,
21920-485: The rank of King's Counsel was granted prior to the handover of Hong Kong from the United Kingdom to China in 1997. After the handover, the rank has been replaced by Senior Counsel post-nominal letters : SC. Senior Counsel may still, however, style themselves as silks, like their British counterparts. In India , the law relating to barristers is the Advocates Act, 1961, which is administered and enforced by
22080-459: The relevant provincial law society for admission. A year of articling as a student supervised by a qualified lawyer and the passing of provincial bar exams are also required for an individual to be called to bar as a barrister and solicitor. The situation is somewhat different in Quebec as a result of its civil law tradition. The profession of solicitor, or avoué , never took hold in colonial Quebec, so attorneys ( avocats ) have traditionally been
22240-536: The same purpose of establishing knowledge , with the common enemy of subjective certainty . Rhetoric is a persuasive speech that holds people to a common purpose and therefore facilitates collective action. During the fifth century BCE, Athens had become active in metropolis and people all over there. During this time the Greek city state had been experimenting with a new form of government – democracy, demos , "the people". Political and cultural identity had been tied to
22400-639: The scientific method. Influential scholars like Peter Ramus argued that the processes of invention and arrangement should be elevated to the domain of philosophy, while rhetorical instruction should be chiefly concerned with the use of figures and other forms of the ornamentation of language. Scholars such as Francis Bacon developed the study of "scientific rhetoric" which rejected the elaborate style characteristic of classical oration. This plain language carried over to John Locke 's teaching, which emphasized concrete knowledge and steered away from ornamentation in speech, further alienating rhetorical instruction—which
22560-466: The scope of rhetoric according to his negative opinions of the art. He criticized the Sophists for using rhetoric to deceive rather than to discover truth. In Gorgias , one of his Socratic Dialogues , Plato defines rhetoric as the persuasion of ignorant masses within the courts and assemblies. Rhetoric, in Plato's opinion, is merely a form of flattery and functions similarly to culinary arts , which mask
22720-408: The sound maxims of the law of nature, the best and most authentic foundation of human laws" and the reduction of such maxims to "a practical system in the laws of imperial Rome", then the student would enter the study if law "with incredible advantage and reputation". Blackstone also recommends that students take "a year or two's farther leisure" at the conclusion of their formal legal study to establish
22880-558: The study of political discourse can help more than any other thing to stimulate and form such qualities of character." Aristotle, writing several years after Isocrates, supported many of his arguments and argued for rhetoric as a civic art. In the words of Aristotle, in the Rhetoric , rhetoric is "...the faculty of observing in any given case the available means of persuasion". According to Aristotle, this art of persuasion could be used in public settings in three different ways: "A member of
23040-483: The supreme courts, in civil, criminal or administrative matters. In Germany, no distinction between barristers and solicitors is made. Lawyers may plead at all courts except the civil branch of the Federal Court of Justice ( Bundesgerichtshof ), to which fewer than fifty lawyers are admitted. Those lawyers, who deal almost exclusively with litigation, may not plead at other courts and are usually instructed by
23200-434: The techniques that speakers or writers use to inform, persuade, and motivate their audiences . Rhetoric also provides heuristics for understanding, discovering, and developing arguments for particular situations. Aristotle defined rhetoric as "the faculty of observing in any given case the available means of persuasion", and since mastery of the art was necessary for victory in a case at law, for passage of proposals in
23360-470: The term "junior barrister" is popularly used to refer to a lawyer who holds a practicing certificate as a barrister, but is employed by another, more senior barrister. Generally, junior barristers are within their first five years of practice and are not yet qualified to practice as barristers sole. Barristers sole (i.e. barristers who are not employed by another barrister) who are not King's Counsel are never referred to as junior barristers. In Nigeria , there
23520-453: The text. People engage in rhetoric any time they speak or produce meaning. Even in the field of science , via practices which were once viewed as being merely the objective testing and reporting of knowledge, scientists persuade their audience to accept their findings by sufficiently demonstrating that their study or experiment was conducted reliably and resulted in sufficient evidence to support their conclusions. The vast scope of rhetoric
23680-470: The three original liberal arts or trivium (along with logic and grammar ). During the medieval period, political rhetoric declined as republican oratory died out and the emperors of Rome garnered increasing authority. With the rise of European monarchs, rhetoric shifted into courtly and religious applications. Augustine exerted strong influence on Christian rhetoric in the Middle Ages, advocating
23840-437: The trial after the first, but if a case is settled before trial, the barrister is not needed and the brief fee would be wasted. Some solicitors avoid this by delaying delivery of the brief until it is certain the case will go to trial. Some benefits of maintaining the split include: Some disadvantages of the split include: Barristers are regulated by the Bar for the jurisdiction where they practice, and in some countries, by
24000-571: The undesirability of unhealthy food by making it taste good. Plato considered any speech of lengthy prose aimed at flattery as within the scope of rhetoric. Some scholars, however, contest the idea that Plato despised rhetoric and instead view his dialogues as a dramatization of complex rhetorical principles. Aristotle both redeemed rhetoric from his teacher and narrowed its focus by defining three genres of rhetoric— deliberative , forensic or judicial, and epideictic . Yet, even as he provided order to existing rhetorical theories, Aristotle generalized
24160-416: The use of rhetoric to lead audiences to truth and understanding, especially in the church. The study of liberal arts, he believed, contributed to rhetorical study: "In the case of a keen and ardent nature, fine words will come more readily through reading and hearing the eloquent than by pursuing the rules of rhetoric." Poetry and letter writing became central to rhetorical study during the Middle Ages. After
24320-483: The view that, "rhetoric creates knowledge," whereas James Herrick writes that rhetoric assists in people's ability to form beliefs , which are defined as knowledge once they become widespread in a community. It is unclear whether Scott holds that certainty is an inherent part of establishing knowledge , his references to the term abstract. He is not the only one, as the debate's persistence in philosophical circles long predates his addition of rhetoric. There
24480-497: The wake of the U.S. and French revolutions. The rhetorical studies of ancient Greece and Rome were resurrected as speakers and teachers looked to Cicero and others to inspire defenses of the new republics. Leading rhetorical theorists included John Quincy Adams of Harvard , who advocated the democratic advancement of rhetorical art. Harvard's founding of the Boylston Professorship of Rhetoric and Oratory sparked
24640-495: The word barrister is also regarded as an honorific title. In a few jurisdictions, barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of another lawyer, who perform tasks such as corresponding with parties and the court, and drafting court documents. In England and Wales, barristers may seek authorization from the Bar Standards Board to conduct litigation, allowing
24800-445: Was an art, and that persuasive speech could have truth and logic embedded within it. In the end, rhetoric speech still remained popular and was used by many scholars and philosophers. The study of rhetoric trains students to speak and/or write effectively, and to critically understand and analyze discourse. It is concerned with how people use symbols, especially language, to reach agreement that permits coordinated effort. Rhetoric as
24960-489: Was established in 1875. Law degree programs are considered graduate programs in the Philippines. As such, admission to law schools requires the completion of a bachelor's degree, with a sufficient number of credits or units in certain subject areas. Legal education in the Philippines is regulated and supervised by the Legal Education Board , a statutorily created independent Body chaired by a retired member of
25120-413: Was given supervisory authority over many private law schools in 1887; by the 1920s, it promulgated a legal curriculum comprising six basic codes: Constitutional Law, Civil Law, Commercial Law, Civil Procedure, Criminal Law, and Criminal Procedure. The same basic structure survived in Japanese legal education to the end of the twentieth century. Prior to the implementation of the "law school system" in 2004,
25280-465: Was identified wholly with such ornamentation—from the pursuit of knowledge. In the 18th century, rhetoric assumed a more social role, leading to the creation of new education systems (predominantly in England): " Elocution schools" in which girls and women analyzed classic literature, most notably the works of William Shakespeare , and discussed pronunciation tactics. The study of rhetoric underwent
25440-484: Was in favor of a general academic foundation prior to the study of common law: For sciences are of a sociable disposition, and flourish best in the neighbourhood of each other: nor is there any branch of learning but may be helped and improved by assistances drawn from other arts. Students of common law would, according to Blackstone, benefit from the study of classical writers, logc, mathematics, philosophical ideas of art and nature, so that "if he has impressed on his mind
25600-467: Was seen as both an educational and social institution, featuring group discussions and guest lecturers. These programs cultivated democratic values and promoted active participation in political analysis. Throughout the 20th century, rhetoric developed as a concentrated field of study, with the establishment of rhetorical courses in high schools and universities. Courses such as public speaking and speech analysis apply fundamental Greek theories (such as
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