Morality, Trust, and Illusion: An Exploration of Ethos

melissa h. weresh, Drake University Law School

Abstract

Ethos as an element of persuasion is based on source credibility. Many scholars focus on ethos in terms of source credibility attributes – whether the advocate manifests intelligence, character, and good will. I argue that there is an additional component of ethos manifested by the relationship the advocate forms with her audience. This relationship may be influenced by logos and pathos, but it persuades on an ethos level. This article explores research by legal scholars and cognitive psychologists to support the premise that the relationship between advocate and audience is a manifestation of ethos, and that the relationship has persuasive import. It then examines organizational and stylistic devices advocates may employ to establish and maintain ethos, both in terms of source attributes and relational attributes. So, for example, organizational devices such as sequential request strategies subtly establish a relationship between advocate and audience and influence persuasion. Other organizational devices reinforce source attributes of ethos. Similarly, stylistic devices may establish source attributes and relational attributes of ethos. Metaphor and narrative may, for example, demonstrate intelligence, but also impact the relationship between advocate and audience, establishing a bond that contributes to persuasion. In contrast, other stylistic devices such as nominalization and abdication to other authority distance the advocate from certain information, therefore preserving her credibility. Finally, the article concludes with an examination of potential criticisms associated with manipulation of ethos in legal writing.