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From Truth to Technique at TrialA Discursive History of Metavalues in Trial Advocacy Advice Texts$
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Philip Gaines

Print publication date: 2016

Print ISBN-13: 9780199333608

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780199333608.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 July 2020

The Invention of Defenses

The Invention of Defenses

Cox Volume 2 (1856–59)

Chapter:
(p.129) Chapter 5 The Invention of Defenses
Source:
From Truth to Technique at Trial
Author(s):

Philip Gaines

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199333608.003.0005

Chapter 5 looks at Cox’s second “volume” of The Advocate—one that was never published in monograph form but was serialized between 1856 and 1859 in the Law Times, a legal periodical edited by Cox. The chapter shows how Cox’s second installment presents a complete taxonomy of the possible defenses that could be marshaled in the most common types of felony cases. Cox’s articulation of defenses is reconceptualized as a set of rhetorically structured templates. It is shown that such templates can be applied in response to every conceivable criminal charge and can be developed with no attention to notions of truth and justice.

Keywords:   defenses, charge, crime, felony, template, guilty, proved, doubt

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