Distinguished Advocates, Judges, Classical Learning and Other Influences on Advocacy in the Eighteenth and Early Nineteenth Centuries

Abstract

Greater eloquence began to be heard in courts during the eighteenth century resulting from wider knowledge of classic literature and rhetorical style. The effect of contemporary poetry, used to awaken generous sympathies in jurors, and of literature, including that of Sir William Blackstone which may be regarded as such, in enriching vocabulary and providing advocates in the later eighteenth century with more allusions on which to draw is considered, as is the florid and emotional style, taken to new heights by barristers from Ireland. Contributions by prominent barristers to advocacy, conspicuously Thomas Erskine, who also did much to establish the moral basis for its practise, are described. Mention is made of previous cases becoming binding authority, the doctrine of stare decisis, before courts in the eighteenth century and the effects of this on advocates, who had to adapt their submissions to take account of that key change.