RHETORIC OF THE LAWYER AND PHILOSOPHICAL CONVERSATION

The article focuses on the difference between strategic rhetoric and philosophical conversation. It first tries to distinguish between sophistical manipulation and valid strategic argumentation. In order to do that, the author tries to give a new meaning to the old Aristotelian tripartition between logos, ethos, and pathos. Then, he uses Chaim Perelman’s theory of argumentation to show that the standard of rationality in practical reasoning is a specific one. After having clarified the very concept of strategic argumentation, the author distinguishes it from the notion of philosophical conversation. He tries to show that if the latter is completely replaced by the former, the danger exists that victimization and morals “a la carte” will generate a defeat of critical thought.     

THE POTENTIAL OF THE FAMILY LAW EDUCATION REFORM PROJECT FOR FAMILY LAWYERS1

Family lawyers are major beneficiaries of the reforms set out in the Family Law Education Reform Project (FLER) Report. This commentary from a veteran family law practitioner explores the needs of the family law bar for the training of law students in practical, interdisciplinary, client‐centered lawyering that goes beyond the traditional case method. I trace many of the current innovations evolving in family law practice and how FLER reforms will not only benefit law schools but also have a major impact in the courts and private practice sector.     

USING EXTERNSHIPS TO INTRODUCE FAMILY LAW STUDENTS TO NEW PROFESSIONAL ROLES

Law schools are seeking ways to familiarize family law students with exciting new professional roles arising in connection with family court reform. This article describes the family law externship program at William Mitchell College of Law which includes a classroom component allowing students placed in different practice settings to compare and contrast their experiences. The program assists students in making career choices and enhances their ability to counsel future clients.     

OREGON'S INTEGRATED FAMILY COURT OF THE FUTURE

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MEDIATION IN THE FAMILY COURT OF AUSTRALIA

The chief justice of the Australian Family Court discusses the use of mediation in the Family Court of Australia. He traces the legislative origin and the basic purposes of the service. Of particular interest is the differentiation between mediation, conciliation, and the court process. The limitations are also discussed, especially the use of mediation in domestic violence situations.     

MEDIATIVE EVALUATIONS: THE PROS AND PERILS OF BLENDING ROLES

Child custody evaluators with experience in mediation may be tempted to use mediation skills and strategies in their evaluation processes. This article explores the benefits and risks of blending mediation with evaluation, comparing the perspectives of professionals and clients.     

浙江朋成律师事务所

浙江朋成律师事务所系经浙江省司法厅批准,2005年10月由从业近十年、有理论知识和实践经验的5名律师合伙设立。全所现有律师12名、实习律师1名,均接受过正规法学教育。我所律师曾先后获"绍兴市十佳中青年律师"、