Advancing Rhetorical Strategies in Virtual Litigation: Balancing Persuasion and Equity in Digital Courtrooms


Authors : Kallol Chakrabarti

Volume/Issue : Volume 9 - 2024, Issue 11 - November


Google Scholar : https://tinyurl.com/y94d7pn4

Scribd : https://tinyurl.com/3n2x5ucw

DOI : https://doi.org/10.38124/ijisrt/IJISRT24NOV1224

Note : A published paper may take 4-5 working days from the publication date to appear in PlumX Metrics, Semantic Scholar, and ResearchGate.


Abstract : The transition to digital court systems necessitates a deep understanding of rhetorical strategies to maintain fairness and effectiveness in judicial proceedings. This paper explores how classical rhetorical devices such as ethos, pathos, and logos [2] are adapted for virtual litigation, particularly where physical cues are limited. Using two fictitious legal documents—one characterized by extreme rhetoric and the other by constructive rhetoric—the study examines how rhetorical choices influence perceptions of credibility, emotion, and logical coherence. The analysis builds upon prior discussions of rhetorical practices in digital contexts, emphasizing the ethical and inclusive considerations required for equitable digital advocacy. Recommendations for training legal professionals to navigate these complexities are also provided.

References :

  1. K. Chakrabarti, "Rhetorical devices in emerging digital court systems: ensuring fairness in virtual judicial proceedings," Int. J. Innov. Sci. Res. Technol., vol. 9, no. 11, pp. 1-8, Nov. 2024. DOI: 10.5281/zenodo.14177011
  2. Harvard University. (2024). "Rhetoric: the art of persuasive writing and public speaking." [Online]. Available: https://learning.edx.org/course/course. [Accessed: Nov. 12, 2024]
  3. Harvard University. (2024). "Research and scholarly communication." [Online]. Available: https://www.harvard.edu. [Accessed: Nov. 12, 2024]
  4. Aristotle, A Treatise on Rhetoric, trans. T. Buckley. London: Harvard Classics, 2024.
  5. A. Smith, "Digital divide persists even as lower-income Americans make gains in tech adoption," Pew Research Center, 2021. [Online]. Available: https://www.pewresearch.org. [Accessed: Nov. 12, 2024]
  6. M. Ragnedda, The Third Digital Divide: A Weberian Approach to Digital Inequalities. London, U.K.: Routledge, 2017.
  7. E. Helsper, "Digital inclusion: an analysis of social disadvantage and the information society," Media@LSE Working Paper Series, 2008

The transition to digital court systems necessitates a deep understanding of rhetorical strategies to maintain fairness and effectiveness in judicial proceedings. This paper explores how classical rhetorical devices such as ethos, pathos, and logos [2] are adapted for virtual litigation, particularly where physical cues are limited. Using two fictitious legal documents—one characterized by extreme rhetoric and the other by constructive rhetoric—the study examines how rhetorical choices influence perceptions of credibility, emotion, and logical coherence. The analysis builds upon prior discussions of rhetorical practices in digital contexts, emphasizing the ethical and inclusive considerations required for equitable digital advocacy. Recommendations for training legal professionals to navigate these complexities are also provided.

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