burden of proof presumption and argumentation

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Burden Of Proof Presumption And Argumentation

Author : Douglas Walton
ISBN : 9781107046627
Genre : Computers
File Size : 76. 45 MB
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This book explains how burden of proof and presumption work as powerful devices in argumentation, based on studying many clearly explained legal and non-legal examples. It shows how the latest argumentation-based methods of artificial intelligence can be applied to these examples to help us understand how burdens of proof and presumptions work as devices of legal reasoning. It also shows the reader how to deal with presumptions and burdens of proof in everyday life, as they shift from one side to the other, sometimes confusingly, during a sequence of argumentation.

Argumentation Schemes For Presumptive Reasoning

Author : Douglas Walton
ISBN : 9781136687068
Genre : Language Arts & Disciplines
File Size : 21. 26 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.

The Presumption Of Innocence

Author : Andrew Stumer
ISBN : 9781847315878
Genre : Law
File Size : 45. 8 MB
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The presumption of innocence is universally recognized as a fundamental human right and a core principle in the administration of criminal justice. Nonetheless, statutes creating criminal offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction. Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions. This book investigates the supposed justifications for limitation of the presumption of innocence. It does so through a comprehensive analysis of the history, rationale and scope of the presumption of innocence. It is argued that the values underlying the presumption of innocence are of such fundamental importance to individual liberty that they cannot be sacrificed on the altar of community interest. In particular, it is argued that a test of 'proportionality', which seeks to weigh individual rights against the community interest, is inappropriate in the context of the presumption of innocence and that courts ought instead to focus on whether an impugned measure threatens the values which the presumption is designed to protect. The book undertakes a complete and systematic review of the United Kingdom and Strasbourg authority on the presumption of innocence. It also draws upon extensive references to comparative material, both judicial and academic, from the United States, Canada and South Africa.

Analysis Of Evidence

Author : Terence Anderson
ISBN : 113944526X
Genre : Law
File Size : 52. 44 MB
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This extensively revised second edition is a rigorous introduction to the construction and criticism of arguments about questions of fact, and to the marshalling and evaluation of evidence at all stages of litigation. It covers the principles underlying the logic of proof; the uses and dangers of story-telling; standards for decision and the relationship between probabilities and proof; the chart method and other methods of analyzing and ordering evidence in fact-investigation, in preparing for trial, and in connection with other important decisions in legal processes and in criminal investigation and intelligence analysis. Most of the chapters in this new edition have been rewritten; the treatment of fact investigation, probabilities and narrative has been extended; and new examples and exercises have been added. Designed as a flexible tool for undergraduate and postgraduate courses on evidence and proof, students, practitioners and teachers alike will find this book challenging but rewarding.

Argumentation And Debate

Author : Austin Freeley
ISBN : 9780495095903
Genre : Performing Arts
File Size : 28. 23 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.

Rethinking Evidence

Author : William Twining
ISBN : 9781139453219
Genre : Law
File Size : 47. 93 MB
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The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.

Argumentation Schemes

Author : Douglas Walton
ISBN : 9781316583135
Genre : Mathematics
File Size : 75. 11 MB
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This book provides a systematic analysis of many common argumentation schemes and a compendium of 96 schemes. The study of these schemes, or forms of argument that capture stereotypical patterns of human reasoning, is at the core of argumentation research. Surveying all aspects of argumentation schemes from the ground up, the book takes the reader from the elementary exposition in the first chapter to the latest state of the art in the research efforts to formalize and classify the schemes, outlined in the last chapter. It provides a systematic and comprehensive account, with notation suitable for computational applications that increasingly make use of argumentation schemes.

Evidence Matters

Author : Susan Haack
ISBN : 9781107039964
Genre : Law
File Size : 57. 52 MB
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Susan Haack brings her distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues.

Methods Of Argumentation

Author : Douglas Walton
ISBN : 9781107039308
Genre : Computers
File Size : 63. 54 MB
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This book, written by a leading expert, and based on the latest research, shows how to apply methods of argumentation to a range of examples.

Burdens Of Proof In Modern Discourse

Author : Richard H. Gaskins
ISBN : 0300063067
Genre : Law
File Size : 60. 68 MB
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This study aims to provide a systematic treatment of arguments-from-ignorance across a wide range of modern discourse - from constitutional law, scientific inquiry and moral philosophy to organizational behaviour, computer operation and personal interaction.

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