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Author: Douglas Walton
Publisher: Cambridge University Press
ISBN: 1107046629
Category : Computers
Languages : en
Pages : 321
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Book Description
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.
Author: Douglas Walton
Publisher: Cambridge University Press
ISBN: 1107046629
Category : Computers
Languages : en
Pages : 321
Get Book Here
Book Description
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.
Author: Hans Vilhelm Hansen
Publisher: University Alabama Press
ISBN: 0817320172
Category : Language Arts & Disciplines
Languages : en
Pages : 316
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Book Description
An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in inquiries beyond the law—including politics, science, religion, philosophy, and interpersonal communication—have been the object of study since the nineteenth century. However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today. The collection’s first half contains historical sources and begins with excerpts from Aristotle’s Topics and goes on to include the locus classicus chapter from Bishop Whately’s crucial Elements of Rhetoric as well as later reactions to Whately’s views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists.
Author: Douglas Walton
Publisher: Cambridge University Press
ISBN: 1139952609
Category : Mathematics
Languages : en
Pages : 321
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Book Description
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.
Author: Richard H. Gaskins
Publisher: Yale University Press
ISBN: 9780300063066
Category : Law
Languages : en
Pages : 390
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Book Description
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.
Author: Douglas Walton
Publisher: Cambridge University Press
ISBN: 1107039304
Category : Computers
Languages : en
Pages : 321
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Book Description
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.
Author: David Zarefsky
Publisher: Cambridge University Press
ISBN: 1108626823
Category : Philosophy
Languages : en
Pages : 287
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Book Description
This book uses different perspectives on argumentation to show how we create arguments, test them, attack and defend them, and deploy them effectively to justify beliefs and influence others. David Zarefsky uses a range of contemporary examples to show how arguments work and how they can be put together, beginning with simple individual arguments, and proceeding to the construction and analysis of complex cases incorporating different structures. Special attention is given to evaluating evidence and reasoning, the building blocks of argumentation. Zarefsky provides clear guidelines and tests for different kinds of arguments, as well as exercises that show student readers how to apply theories to arguments in everyday and public life. His comprehensive and integrated approach toward argumentation theory and practice will help readers to become more adept at critically examining everyday arguments as well as constructing arguments that will convince others.
Author: Douglas Walton
Publisher: Cambridge University Press
ISBN: 9781107678828
Category : Mathematics
Languages : en
Pages : 0
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Book Description
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.
Author: Douglas Walton
Publisher: Routledge
ISBN: 113561895X
Category : Language Arts & Disciplines
Languages : en
Pages : 325
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Book Description
In Relevance in Argumentation, author Douglas Walton presents a new method for critically evaluating arguments for relevance. This method enables a critic to judge whether a move can be said to be relevant or irrelevant, and is based on case studies of argumentation in which an argument, or part of an argument, has been criticized as irrelevant. Walton's method is based on a new theory of relevance that incorporates techniques of argumentation theory, logic, and artificial intelligence. The work uses a case-study approach with numerous examples of controversial arguments, strategies of attack in argumentation, and fallacies. Walton reviews ordinary cases of irrelevance in argumentation, and uses them as a basis to advance and develop his new theory of irrelevance and relevance. The volume also presents a clear account of the technical problems in the previous attempts to define relevance, including an analysis of formal systems of relevance logic and an explanation of the Grecian notion of conversational relevance. This volume is intended for graduate and advanced undergraduate courses in those fields using argumentation theory--especially philosophy, linguistics, cognitive science and communication studies, in addition to argumentation. The work also has practical use, as it applies theory directly to familiar examples of argumentation in daily and professional life. With a clear and comprehensive method for determining relevance and irrelevance, it can be convincingly applied to highly significant practical problems about relevance, including those in legal and political argumentation.
Author: Giorgio Bongiovanni
Publisher: Springer
ISBN: 9048194520
Category : Philosophy
Languages : en
Pages : 773
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Book Description
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
Author: Douglas Walton
Publisher: Cambridge University Press
ISBN: 113947281X
Category : Philosophy
Languages : en
Pages : 507
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Book Description
Second edition of the introductory guidebook to the basic principles of constructing sound arguments and criticising bad ones. Non-technical in approach, it is based on 186 examples, which Douglas Walton, a leading authority in the field of informal logic, discusses and evaluates in clear, illustrative detail. Walton explains how errors, fallacies, and other key failures of argument occur. He shows how correct uses of argument are based on sound strategies for reasoned persuasion and critical responses. This edition takes into account many developments in the field of argumentation study that have occurred since 1989, many created by the author. Drawing on these developments, Walton includes and analyzes 36 new topical examples and also brings in work on argumentation schemes. Ideally suited for use in courses in informal logic and introduction to philosophy, this book will also be valuable to students of pragmatics, rhetoric, and speech communication.
