Summary of Joel P. Trachtman's The Tools of Argument

By IRB Media

Please note: This is a companion version & not the original book. Book Preview:

#1 The difference between lawyers and the rest of us is not a gene that makes some people more argumentative, precise, or abrasive than others. The distinctive professional characteristic of lawyers is a method of thinking and argument that has several components.

#2 The definition of law is the following: formal rules that carry the sanction of the state. This definition is good for understanding legal argument, but it does not explain all law. For example, religious law can carry the sanction of the state, while the rules of EBay or the NBA do not.

#3 Law is a central tool and structure of the state. It is important for you to know your rights against harm to your person, property, or organization, and to be able to advocate for yourself in these regards.

#4 A lawyer is an expert. The expertise that the lawyer wields is twofold. First, it includes knowledge of how the legal system works, including how all the written and unwritten procedural rules apply to guide the determination and application of the law.

• Language: English
• Publisher: IRB Media
• Release date: Aug 18, 2022
• ISBN: 9798350016277

IRB Media

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Insights on Joel P. Trachtman's The Tools of Argument

Contents

Insights from Chapter 1

Insights from Chapter 2

Insights from Chapter 3

Insights from Chapter 4

Insights from Chapter 5

Insights from Chapter 6

Insights from Chapter 7

Insights from Chapter 8

Insights from Chapter 9

Insights from Chapter 10

Insights from Chapter 11

Insights from Chapter 1

#1

The difference between lawyers and the rest of us is not a gene that makes some people more argumentative, precise, or abrasive than others. The distinctive professional characteristic of lawyers is a method of thinking and argument that has several components.

#2

The definition of law is the following: formal rules that carry the sanction of the state. This definition is good for understanding legal argument, but it does not explain all law. For example, religious law can carry the sanction of the state, while the rules of EBay or the NBA do not.

#3

Law is a central tool and structure of the state. It is important for you to know your rights against harm to your person, property, or organization, and to be able to advocate for yourself in these regards.

#4

A lawyer is an expert. The expertise that the lawyer wields is twofold. First, it includes knowledge of how the legal system works, including how all the written and unwritten procedural rules apply to guide the determination and application of the law.

#5

The core work of the lawyer is not to argue about what the law should be, but to argue about and determine what the applicable law is, what the facts are, and how they fit into the applicable law.

#6

The true stronger argument is the one that meets some objective test of strength, and that should win.