burden of proof presumption and argumentation

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Burden Of Proof Presumption And Argumentation

Author : Douglas Walton
ISBN : 9781139952606
Genre : Mathematics
File Size : 80. 38 MB
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The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artificial intelligence has built precise formal and computational systems to represent this kind of reasoning. The book provides a model of reasoning with burden of proof and presumption, based on analyses of many clearly explained legal and non-legal examples. The model is shown to fit cases of everyday conversational argumentation as well as argumentation in legal cases. Burden of proof determines (1) under what conditions an arguer is obliged to support a claim with an argument that backs it up and (2) how strong that argument needs to be to prove the claim in question.

Argumentation Schemes For Presumptive Reasoning

Author : Douglas Walton
ISBN : 9781136687068
Genre : Language Arts & Disciplines
File Size : 38. 23 MB
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Recent concerns with the evaluation of argumentation in informal logic and speech communication center around nondemonstrative arguments that lead to tentative or defeasible conclusions based on a balance of considerations. Such arguments do not appear to have structures of the kind traditionally identified with deductive and inductive reasoning, but are extremely common and are often called "plausible" or "presumptive," meaning that they are only provisionally acceptable even when they are correct. How is one to judge, by some clearly defined standard, whether such arguments are correct or not in a given instance? The answer lies in what are called argumentation schemes -- forms of argument (structures of inference) that enable one to identify and evaluate common types of argumentation in everyday discourse. This book identifies 25 argumentation schemes for presumptive reasoning and matches a set of critical questions to each. These two elements -- the scheme and the questions -- are then used to evaluate a given argument in a particular case in relation to a context of dialogue in which the argument occurred. In recent writings on argumentation, there is a good deal of stress placed on how important argumentation schemes are in any attempt to evaluate common arguments in everyday reasoning as correct or fallacious, acceptable or questionable. However, the problem is that the literature thus far has not produced a precise and user-friendly enough analysis of the structures of the argumentation schemes themselves, nor have any of the documented accounts been as helpful, accessible, or systematic as they could be, especially in relation to presumptive reasoning. This book solves the problem by presenting the most common presumptive schemes in an orderly and clear way that makes them explicit and useful as precisely defined structures. As such, it will be an indispensable tool for researchers, students, and teachers in the areas of critical thinking, argumentation, speech communication, informal logic, and discourse analysis.


Author : Manfred Kienpointner
ISBN : 3772814638
Genre : Logic
File Size : 62. 49 MB
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Presumptions And Burdens Of Proof

Author : Hans V. Hansen
ISBN : 0817320172
Genre : Burden of proof
File Size : 71. 16 MB
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Presumption Of Innocence In Eu Anti Cartel Enforcement

Author : Aistė Mickonytė
ISBN : 9789004384651
Genre : Law
File Size : 80. 92 MB
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In this book the author examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights.

Argumentation And Debate

Author : Austin J. Freeley
ISBN : 9780495095903
Genre : Performing Arts
File Size : 48. 27 MB
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Widely praised, ARGUMENTATION AND DEBATE, 12e, provides a comprehensive introduction to the principles and practice of argumentation and debate using a clear, concise, and engaging presentation that makes even complex material nonintimidating and easy for students to understand. ARGUMENTATION AND DEBATE includes thorough coverage of fundamental concepts, detailed models of argumentation, and practical guidance to help students apply and enhance their skills in academic debates and a variety of real-life scenarios. With an emphasis on critical thinking, reasoned decision making, and advocacy skills, this text is perfect for any course that empowers students to participate actively as citizens in a democratic society. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Fallacies And Judgments Of Reasonableness

Author : Frans H. van Eemeren
ISBN : 9048126142
Genre : Philosophy
File Size : 60. 50 MB
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In Fallacies and Judgments of Reasonableness, Frans H. van Eemeren, Bart Garssen and Bert Meuffels report on their systematic empirical research of the conventional validity of the pragma-dialectical discussion rules. The experimental studies they carried out during more than ten years start from the pragma-dialectical theory of argumentation developed at the University of Amsterdam, their home university. In these studies they test methodically the intersubjective acceptability of the rules for critical discussion proposed in this theory by confronting ordinary arguers who have not received any special education in argumentation and fallacies with discussion fragments containing both fallacious and non-fallacious argumentative moves. The research covers a wide range of informal fallacies. In this way, the authors create a basis for comparing the theoretical reasonableness conception of pragma-dialectics with the norms for judging argumentative moves prevailing in argumentative practice. Fallacies and Judgments of Reasonableness provides a unique insight into the relationship between theoretical and practical conceptions of reasonableness, supported by extensive empirical material gained by means of sophisticated experimental research.

Handbuch Der Quellen Und Literatur Der Neueren Europ Ischen Privatrechtsgeschichte

Author : Helmut Coing
ISBN : 3406036333
Genre : Civil law
File Size : 53. 56 MB
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Winning Debates

Author : Steven L. Johnson
ISBN : 1932716513
Genre : Education
File Size : 51. 97 MB
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The format of debating used at the World Universities Debating Championships (also known as British Parliamentary or Worlds-style debating) is the international standard for academic debating. Winning Debates is both an introduction to the format and an advanced consideration of strategies and tactics proven to be effective techniques for successful debating. The text combines a review of the basics of argument theory with an application of those theories to the four-team style of debate. Also addressed are the special strategic and tactical considerations for debates in the Worlds style. Chapters include: On Winning, Arguments & Argumentation, Stasis and Structure, Basic Strategy and Tactics. The Speakers and their Speeches, Decision Making and Strategy, Paradoxes of Debate, Advanced Tactics, Adjudicating Debates.

Justice Law And Argument

Author : Ch. Perelman
ISBN : 9789400990104
Genre : Philosophy
File Size : 70. 97 MB
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This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.

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