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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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Metavalues and Practice

Metavalues and Practice

The Long View

(p.180) Chapter 7 Metavalues and Practice
From Truth to Technique at Trial

Philip Gaines

Oxford University Press

This concluding chapter (Chapter 7) summarizes the findings of the diachronic study of advocacy-advice texts as co-enactments of the techniques of practice and the metavalues of truth and justice from the first appearance of advocacy advice to its current form in modern advocacy advice manuals. The chapter also discusses the implications of those findings for insight into how advice authors have come to represent their presuppositions about the place of metavalues in the details of actual courtroom practice. Included is a brief analysis of several currently popular and influential trial manuals and their various treatments—or lack thereof—of the metavalues of truth and justice. The chapter concludes with remarks on the challenge to advocates in maintaining fealty to truth and justice in the face of the requirement to employ winning techniques as articulated in modern trial manuals.

Keywords:   metavalues, practice, manuals, Mauet, ethics, adversarial system, winning

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