Categories of Legal Writing
Legal writing is of two, broad categories: (i) legal analysis and (ii) legal drafting. Legal analysis is two-fold: (1) predictive analysis, and (2) persuasive analysis. In the United States, in most law schools students must learn legal writing; the courses focus on: (1) predictive analysis, i.e., an outcome-predicting memorandum (positive or negative) of a given action for the attorney's client; and (2) persuasive analysis, e.g., motions and briefs. Although not as widely taught in law schools, legal drafting courses exist; other types of legal writing concentrate upon writing appeals or on interdisciplinary aspects of persuasion.
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“Kitsch ... is one of the major categories of the modern object. Knick-knacks, rustic odds-and-ends, souvenirs, lampshades, and African masks: the kitsch-object is collectively this whole plethora of “trashy,” sham or faked objects, this whole museum of junk which proliferates everywhere.... Kitsch is the equivalent to the “cliché” in discourse.”
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“Kitsch ... is one of the major categories of the modern object. Knick-knacks, rustic odds-and-ends, souvenirs, lampshades, and African masks: the kitsch-object is collectively this whole plethora of “trashy,” sham or faked objects, this whole museum of junk which proliferates everywhere.... Kitsch is the equivalent to the “cliché” in discourse.”
—Jean Baudrillard (b. 1929)
“We should stop looking to law to provide the final answer.... Law cannot save us from ourselves.... We have to go out and try to accomplish our goals and resolve disagreements by doing what we think is right. That energy and resourcefulness, not millions of legal cubicles, is what was great about America. Let judgment and personal conviction be important again.”
—Philip K. Howard, U.S. lawyer. The Death of Common Sense: How Law Is Suffocating America, pp. 186-87, Random House (1994)
“‘Tis hard to say, if greater want of skill
Appear in writing or in judging ill;”
—Alexander Pope (1688–1744)