Persuasion, Spot On

Orin Kerr at Volokh posts an excellent article on tone and persuasion (one that I ought to keep in mind from time to time). The art of persuasion is often a subtle one and people who are really good at it are more often in the mode of diplomats than that of preachers. Unfortunately it's easier to preach to the converted than to persuade the undecided.

Finally, I think lots of people interpret a dismissive tone as a sign of weakness. It's a variation of the old lawyer's joke that if the law is against you, pound the facts; if the facts are against you, pound the law; and if the law and facts are against you, pound the table. When readers see a blogger pounding the table, many are likely to assume that there must not be a very good argument to be made in support of that view. "If it's so obvious that you're right," the thinking goes, "Why not just explain why?"

As my friends know, my opinons are subject to periodic re-evaluation and occasional change, which I think is typical of most people who can think for themselves. An argument which recognizes and deals with this is more effective than one which is merely threatening or insulting. I'm adding Orin's article into my book research.