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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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The Invention of Defenses

The Invention of Defenses

Cox Volume 2 (1856–59)

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

Philip Gaines

Oxford University Press

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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