Essay on the use of rhetoric

This essay will examine the use of rhetoric from excerpts of Lord Bingham’s first opinion in the case of Pretty v. DPP. The term rhetoric is defined as the ‘art of persuasive and effective’ language used in oratory or writing. In the context of analyzing a legal judgment, this paper will discuss how structure, style, tone and language are used to create a powerful and convincing judicial verdict.

The structure of the law lord’s decision is organized in a conventional manner, with a beginning middle and end. The opening paragraph offers an overview of the facts, while clarifying the main legal points, and outlining the main thrust of the appellant’s argument. This concise construction aims to present the context which the law lord’s judicial reasoning will function. For example the succinct summary of the appellant argument: ‘Ms Pretty claims that she has a right to her husband’s assistance in committing suicide, and section 2 of the 1961 Suicide Act prohibits his helping, is incompatible with the European Convention of Human Rights highlights a clear description of the legal position argued by Dianne Pretty, in relation to the current law.

The opinion is structured to comprehensively concentrate on the various legal arguments raised by Dianne Pretty, which Lord Bingham considers, point by point: ‘On behalf of Mrs. Pretty it is submitted that article 2 protects the right to life. This often involves condensing large amounts of technical legal information dealing with fundamental principles, concepts, legislation texts and case law. For example, the majority of Lord Bingham opinion follows a recurring structure, examining in detail articles 2, 3, 8, 9, 14 of the European Convention of Human - quoting the text of each article to provide clarity when responding to the specific legal points voiced by Dianne Pretty’s counsel.

In addition, justification of each…

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