Burden of Proof, Presumption and Argumentation

Author: Douglas Walton

Publisher: Cambridge University Press

ISBN: 1107046629

Category: Computers

Page: 318

View: 9575

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.
Posted in Computers

Fallacies and Judgments of Reasonableness

Empirical Research Concerning the Pragma-Dialectical Discussion Rules

Author: Frans H. van Eemeren,Bart Garssen,Bert Meuffels

Publisher: Springer Science & Business Media

ISBN: 9789048126149

Category: Philosophy

Page: 231

View: 4294

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.
Posted in Philosophy

Legal Evidence and Proof

Statistics, Stories, Logic

Author: Bart Verheij,Henry Prakken,Dr Hendrik Kaptein

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409496414

Category: Law

Page: 302

View: 8461

As a result of recent scandals concerning evidence and proof in the administration of criminal justice – ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere – inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.
Posted in Law

Burdens of Proof in Modern Discourse

Author: Richard H. Gaskins

Publisher: Yale University Press

ISBN: 9780300063066

Category: Law

Page: 362

View: 9905

Public and professional debates have come to rely heavily on a special type of reasoning: the argument-from-ignorance, in which conclusions depend on the lack of compelling information. "I win my argument," says the skillful advocate, "unless you can prove that I am wrong." This extraordinary gambit has been largely ignored in modern rhetorical and philosophical studies. Yet its broad force can be demonstrated by analogy with the modern legal system, where courts have long manipulated burdens of proof with skill and subtlety. This legal, philosophical, and rhetorical study by Richard H. Gaskins provides the first systematic treatment of arguments-from-ignorance across a wide range of modern discourse--from constitutional law, scientific inquiry, and moral philosophy to organizational behavior, computer operation, and personal interaction. Gaskins reviews the historic shifts in constitutional proof burdens that have shaped public debate on fundamental rights and, by analogy, on the fundamental status of intellectual and cultural authority. He shows how similar shifts have dominated polemical battles between scientific and ethical modes of authority, affecting both academic and popular discussion. Finally, he discovers the philosophical roots of default reasoning strategies in the arguments of Kant and nineteenth-century Kantian schools. Concluding that shifting proof burdens are inescapable in a world of scientific and moral uncertainty, Gaskins emphasizes the common strategic ground shared by dogmatic and skeptical reasoning. Using Hegelian strategies, he describes a more pluralistic temper that can move critical thinking beyond polemics and strengthen our capacities for common discourse.
Posted in Law

Argumentation

Critical Thinking in Action

Author: Lapakko Ph. D. David Lapakko Ph. D.,David Lapakko

Publisher: iUniverse

ISBN: 1440168385

Category: Education

Page: 275

View: 1427

Argumentation: Critical Thinking in Action, 2nd ed., explores a wide variety of issues and concepts connected to making arguments, responding to the arguments of others, and using good critical thinking skills to analyze persuasive communication. Key topics include the nature of claims, evidence, and reasoning; common fallacies in reasoning; traits associated with good critical thinking; how language is used strategically in argument; ways to organize an argumentative case; how to refute an opposing argument or case; cultural dimensions of argument; and ways to make a better impression either orally or in writing.
Posted in Education

Practical Guide to Evidence

Author: Christopher Allen

Publisher: Routledge

ISBN: 1134105398

Category: Law

Page: 528

View: 7044

Practical Guide to Evidence provides a clear and readable account of the law of evidence, acknowledging the importance of arguments about facts and principles as well as rules. The fourth edition has been revised and updated to address the radical changes brought about by the Criminal Justice Act 2003, particularly in relation to hearsay, character evidence and opinion evidence and to expand coverage of the Human Rights Act 1998. Particular attention is given to changes made by the revised Codes of Practice, and to the growing body of case law on topics such as reverse burden of proof, the cross-examination of rape victims, evidence obtained by entrapment, and silence in the face of police questioning. Now including enhanced pedagogical support such as chapter summaries, further reading advice and boxed examples, this leading textbook can be used on both undergraduate and professional courses.
Posted in Law

Satisfying Reason

Studies in the Theory of Knowledge

Author: N. Rescher

Publisher: Springer Science & Business Media

ISBN: 9401104832

Category: Science

Page: 246

View: 801

Leibniz said with a mixture of admiration and inspiration that the Duchess Sophie of Hannover always wanted to know the reason why behind the reason why. And that is just how rationality works: it wants to leave no loose ends to understanding, seeking to enable us to understand things through to the bitter end. In the twelve chapters that make up Satisfying Reason, Rescher develops and defends the following perspective: That rationality is a cardinal virtue in cognitive matters. That this is not something simple and cut-and-dried: in the pursuit of truth through the development of knowledge we face obstacles -- sometimes even insuperable ones. All that we can do is the best we can, realizing that even our very best may still be imperfect. Nevertheless, the venture is far from hopeless. While absolutes are unattainable in the cognitive venture, some solutions are situationally optimal, being comparatively the best that can be managed under the circumstances. That reason itself enables us to come to terms with this state of affairs, urging us to accept the best we can do as good enough. Satisfying Reason is an explanation of the presuppositions and methods of rational enquiry, an original exercise in metaknowledge, developing a systematic body of knowledge about the scope and limits of knowledge itself.
Posted in Science

Critical Thinking and Communication, The Use of Reason in Argument

Author: CTI Reviews

Publisher: Cram101 Textbook Reviews

ISBN: 1478429119

Category: Education

Page: 19

View: 6255

Facts101 is your complete guide to Critical Thinking and Communication, The Use of Reason in Argument. In this book, you will learn topics such as Argument Cultures and Ethics, Claims and Propositions, Evidence, and Reasoning plus much more. With key features such as key terms, people and places, Facts101 gives you all the information you need to prepare for your next exam. Our practice tests are specific to the textbook and we have designed tools to make the most of your limited study time.
Posted in Education

The Presumption of Innocence

Evidential and Human Rights Perspectives

Author: Andrew Stumer

Publisher: Bloomsbury Publishing

ISBN: 1847315879

Category: Law

Page: 258

View: 8609

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.
Posted in Law

Justice, Law, and Argument

Essays on Moral and Legal Reasoning

Author: Ch. Perelman

Publisher: Springer Science & Business Media

ISBN: 9400990103

Category: Philosophy

Page: 194

View: 2543

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.
Posted in Philosophy

Winning Debates

A Guide to Debating in the Style of the World Universities Debating Championships

Author: Steven L. Johnson

Publisher: IDEA

ISBN: 9781932716511

Category: Education

Page: 259

View: 1403

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.
Posted in Education

Arguments from Ignorance

Author: Douglas Walton

Publisher: Penn State Press

ISBN: 9780271041964

Category: Philosophy

Page: N.A

View: 6838

Posted in Philosophy

Presumption and the Practices of Tentative Cognition

Author: Nicholas Rescher

Publisher: Cambridge University Press

ISBN: 1139457187

Category: Philosophy

Page: N.A

View: 7916

Presumption is a remarkably versatile and pervasively useful resource. Firmly grounded in the law of evidence from its origins in classical antiquity, it made its way in the days of medieval scholasticism into the theory and practice of disputation and debate. Subsequently, it extended its reach to play an increasingly significant role in the philosophical theory of knowledge. It has thus come to represent a region where lawyers, debaters, and philosophers can all find some common around. In Presumption and the Practices of Tentative Cognition, Nicholas Rescher endeavors to show that the process of presumption plays a role of virtually indispensable utility in matters of rational inquiry and communication. The origins of presumption may lie in law, but its importance is reinforced by its service to the theory of information management and philosophy.
Posted in Philosophy

Philosophische Untersuchungen

Author: Ludwig Wittgenstein

Publisher: N.A

ISBN: 9783518223727

Category: Analytische Philosophie

Page: 299

View: 4469

Posted in Analytische Philosophie

Eduard Gans and the Hegelian Philosophy of Law

Author: M.H. Hoffheimer

Publisher: Springer Science & Business Media

ISBN: 9401585237

Category: Philosophy

Page: 142

View: 2080

Gans ranks at the head of that important group of Hegelian thinkers that bridged the generations of Hegel and Marx. ! Yet there is a large gap between Gans 's historical importance and the scholarship on him. Despite a renewal of interest in Gans's work on the Continent,2 Gans remains almost completely unknown to English-Ianguage scholars, and almost none ofhis work has been 3 previously translated. His Prefaces to his posthumous editions of Hegel's writings are inaccessib1e to English speakers, despite the fact that they shed important light on the authenticity of the so-called Additions to those texts. His Preface to Hegel's Philosophy ofLaw has never been translated before, while his Preface to the Philosophy of History has been omitted from reprintings 4 for generations. Moreover, the recent scholarship on the Continent has focused on Gans 's political and philosophical rather than his legal writings. There is little dis cussion in any language ofhis system oflaw, which is the focus ofthe present study. Some of the reasons for the neglect of Gans are obvious. Gans cannot be a hero for most readers today. He accepted apostasy as a means to profes sional advancement. And though more liberal than Hegel, Gans nonetheless accommodated himself to the results of the Restoration and evaded political persecution that might have kindled the sympathy of later generations.
Posted in Philosophy

Argumentation Methods for Artificial Intelligence in Law

Author: Douglas Walton

Publisher: Springer Science & Business Media

ISBN: 9783540278818

Category: Law

Page: 270

View: 4265

Use of argumentation methods applied to legal reasoning is a relatively new field of study. The book provides a survey of the leading problems, and outlines how future research using argumentation-based methods show great promise of leading to useful solutions. The problems studied include not only these of argument evaluation and argument invention, but also analysis of specific kinds of evidence commonly used in law, like witness testimony, circumstantial evidence, forensic evidence and character evidence. New tools for analyzing these kinds of evidence are introduced.
Posted in Law