Burden of Proof, Presumption and Argumentation

Author: Douglas Walton

Publisher: Cambridge University Press

ISBN: 1107046629

Category: Computers

Page: 318

View: 2439

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

Rethinking Evidence

Exploratory Essays

Author: William Twining

Publisher: Cambridge University Press

ISBN: 1139453211

Category: Law

Page: N.A

View: 5459

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.
Posted in Law

The Presumption of Innocence

Evidential and Human Rights Perspectives

Author: Andrew Stumer

Publisher: Bloomsbury Publishing

ISBN: 1847315879

Category: Law

Page: 258

View: 4094

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

Analysis of Evidence

Author: Terence Anderson,David Schum,William Twining

Publisher: Cambridge University Press

ISBN: 9781139445269

Category: Law

Page: N.A

View: 1662

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.
Posted in Law

Evidence Matters

Science, Proof, and Truth in the Law

Author: Susan Haack

Publisher: Cambridge University Press

ISBN: 1107039967

Category: Law

Page: 446

View: 4323

Susan Haack brings her distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues.
Posted in Law

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: 8195

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

Methods of Argumentation

Author: Douglas Walton

Publisher: Cambridge University Press

ISBN: 1107039304

Category: Computers

Page: 308

View: 4176

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.
Posted in Computers

Argumentation Schemes

Author: Douglas Walton,Christopher Reed,Fabrizio Macagno

Publisher: Cambridge University Press

ISBN: 1316583139

Category: Mathematics

Page: N.A

View: 6063

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.
Posted in Mathematics

The Evidential Foundations of Probabilistic Reasoning

Author: David A. Schum

Publisher: Northwestern University Press

ISBN: 9780810118218

Category: Law

Page: 545

View: 5925

In this work Schum develops a general theory of evidence as it is understood and applied across a broad range of disciplines and practical undertakings. He include insights from law, philosophy, logic, probability, semiotics, artificial intelligence, psychology and history.
Posted in Law

Burdens of Proof in Modern Discourse

Author: Richard H. Gaskins

Publisher: Yale University Press

ISBN: 9780300063066

Category: Law

Page: 362

View: 1619

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.
Posted in Law

Anyone Who Has a View

Theoretical Contributions to the Study of Argumentation

Author: F.H. van Eemeren,J. Anthony Blair,Charles A. Willard,Francisca A. Snoeck Henkemans

Publisher: Springer Science & Business Media

ISBN: 9781402014550

Category: Philosophy

Page: 347

View: 1408

This volume contains a selection of papers from the International Conference on Argumentation (Amsterdam, 2002) by prominent international scholars of argumentation theory. It provides an insightful cross-section of the current state of affairs in argumentation research. It will be of interest to all those working in the field of argumentation theory and to all scholars who are interested in recent developments in this field.
Posted in Philosophy

Arguments from Ignorance

Author: Douglas Walton

Publisher: Penn State Press

ISBN: 9780271041964

Category: Philosophy

Page: N.A

View: 8226

Posted in Philosophy

Argumentation

Critical Thinking in Action

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

Publisher: iUniverse

ISBN: 1440168385

Category: Education

Page: 275

View: 2927

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

Restoring the Lost Constitution

The Presumption of Liberty

Author: Randy E. Barnett

Publisher: Princeton University Press

ISBN: 140084813X

Category: Law

Page: 448

View: 8138

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Posted in Law

Elements of Rhetoric

Comprising the Substance of the Article in the Encyclopaedia Metropolitana with Additions, &c

Author: Richard Whately

Publisher: N.A

ISBN: N.A

Category: English language

Page: 391

View: 8471

Posted in English language

Presumption and the Practices of Tentative Cognition

Author: Nicholas Rescher

Publisher: Cambridge University Press

ISBN: 1139457187

Category: Philosophy

Page: N.A

View: 795

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

Critical Thinking and Communication, The Use of Reason in Argument

Author: CTI Reviews

Publisher: Cram101 Textbook Reviews

ISBN: 1478429119

Category: Education

Page: 19

View: 7243

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

Advocacy and Opposition, Introduction to Argumentation

Author: CTI Reviews

Publisher: Cram101 Textbook Reviews

ISBN: 1497012929

Category: Education

Page: 18

View: 8258

Facts101 is your complete guide to Advocacy and Opposition, Introduction to Argumentation. In this book, you will learn topics such as What Am I Going to Argue About?, How Do I Analyze Propositions?, How Is a Unit of Argument Created?, and How Do I Prove My Argument? 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

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: 8834

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