Friday, January 20, 2012

Anticipatory Rebuttal

In our legal writing class, we're going through the shape and content of arguments that are included in persuasive legal writing, ie, the briefs that are submitted to the court.

One strategy to employ when you know that your opponent has a particularly strong point that they will make against you: mention it in your own brief and make the case against it. They call that anticipatory rebuttal, and it's preferable to just ignoring the point or claiming that the judges were on crack.

This happens in a lot of different settings, not just legal briefs.  Here's the best example of anticipatory rebuttal that I've seen: the final battle from 8 Mile.  Take it down, Mr. Mathers.

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