The Write House

*In advocacy, advance both justifying and motivating arguments.*

*By Chinua Asuzu*

A justifying argument appeals to law, logic, and reason. It draws breath from legal rules, sometimes along with policy. “A justifying argument shows that the law requires or at least permits the result you want.” Richard K. Neumann Jr & Kristen Konrad Tiscione, _Legal Reasoning and Legal Writing_, 7th ed. (Wolters Kluwer, 2013), 271 (italics in original).

Justifying arguments are what most of us are used to. Let’s incorporate motivating arguments to augment and boost our advocacy.

A motivating argument appeals to the judge’s shared humanity and sense of justice. It derives potency from the righteousness of the cause. It motivates the judge to think beyond lawyer’s law and resolve the dispute fairly, justly, and pragmatically. “A motivating argument causes a judge to want to decide in your favor. It causes the judge to feel that any other decision would be unwise or unjust. Motivating arguments tend to be centered on facts or a combination of facts and policy.” Neumann & Tiscione 270–271.

Motivating arguments are appeals to the judiciary to do what’s right and wise, while weaning itself off arid legalism. “Motivating arguments … are more often appeals to a human sense of justice or pragmatic policy needs.” Neumann & Tiscione 275.

Justifying arguments are uppermost in most judges’ minds as they embark on the delicate art of judging.

“A motivating argument alone isn’t enough because even a motivated judge isn’t supposed to act without a solid legal justification. Judges understandably want to feel that they’re doing a professional job of judging.” Neumann & Tiscione 271.

Yet without the emotional reinforcement of motivating arguments, justifying arguments will lack rhetorical manure and fail to persuade. “The law can usually be interpreted in more than one reasonable way. When a judge is given a choice between two conflicting justifying arguments, each of which is reasonable, the judge will take the one she or he is motivated to take.” Neumann & Tiscione 272.

Buttress your justifying arguments with motivating arguments. Show (but don’t tell) the judge that deciding as you urge will be not only right but also righteous.