Fundamentals of Legal Argumentation PDF Download
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Author: Eveline T. Feteris
Publisher: Springer Science & Business Media
ISBN: 9401592195
Category : Philosophy
Languages : en
Pages : 236
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Book Description
Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.
Author: Eveline T. Feteris
Publisher: Springer Science & Business Media
ISBN: 9401592195
Category : Philosophy
Languages : en
Pages : 236
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Book Description
Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.
Author: Christian Dahlman
Publisher: Springer Science & Business Media
ISBN: 9400746709
Category : Law
Languages : en
Pages : 239
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Book Description
This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence. It presents an overview of contributions representative of different academic and legal cultures, and different continents and countries. The book contains contributions on strategic maneuvering, argumentum ad absurdum, argumentum ad hominem, consequentialist argumentation, weighing and balancing, the relation between legal argumentation and truth, the distinction between the context of discovery and context of justification, and the role of constitutive and regulative rules in legal argumentation. It is based on a selection of papers that were presented in the special workshop on Legal Argumentation organized at the 25th IVR World Congress for Philosophy of Law and Social Philosophy held 15-20 August 2011 in Frankfurt, Germany.
Author: Douglas Walton
Publisher: Cambridge University Press
ISBN: 9780521823197
Category : Philosophy
Languages : en
Pages : 368
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Book Description
Fundamentals of Critical Argumentation presents the basic tools for the identification, analysis, and evaluation of common arguments for beginners. The book teaches by using examples of arguments in dialogues, both in the text itself and in the exercises. Examples of controversial legal, political, and ethical arguments are analyzed. Illustrating the most common kinds of arguments, the book also explains how to analyze and evaluate each kind by critical questioning. Douglas Walton shows how arguments can be reasonable under the right dialogue conditions by using critical questions to evaluate them.
Author: Frans H. van Eemeren
Publisher: Routledge
ISBN: 1136688048
Category : Language Arts & Disciplines
Languages : en
Pages : 439
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Book Description
Argumentation theory is a distinctly multidisciplinary field of inquiry. It draws its data, assumptions, and methods from disciplines as disparate as formal logic and discourse analysis, linguistics and forensic science, philosophy and psychology, political science and education, sociology and law, and rhetoric and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since it is even for those active in the field not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. This book offers its readers a unique comprehensive survey of the various theoretical contributions which have been made to the study of argumentation. It discusses the historical works that provide the background to the field and all major approaches and trends in contemporary research. Argument has been the subject of systematic inquiry for twenty-five hundred years. It has been graced with theories, such as formal logic or the legal theory of evidence, that have acquired a more or less settled provenance with regard to specific issues. But there has been nothing to date that qualifies as a unified general theory of argumentation, in all its richness and complexity. This being so, the argumentation theorist must have access to materials and methods that lie beyond his or her "home" subject. It is precisely on this account that this volume is offered to all the constituent research communities and their students. Apart from the historical sections, each chapter provides an economical introduction to the problems and methods that characterize a given part of the contemporary research program. Because the chapters are self-contained, they can be consulted in the order of a reader's interests or research requirements. But there is value in reading the work in its entirety. Jointly authored by the very people whose research has done much to define the current state of argumentation theory and to point the way toward more general and unified future treatments, this book is an impressively authoritative contribution to the field.
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: Stephen M. Rice
Publisher: Aspen Publishing
ISBN: 1601566107
Category : Law
Languages : en
Pages : 429
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Book Description
Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You’re not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic—without realizing it—because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.” In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s—and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.
Author: Austen L. Parrish
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 188
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Book Description
This book is for law students and practitioners who want to learn, or be reminded of, the fundamentals of legal writing and oral advocacy. Effective Lawyering concisely describes useful, yet often neglected, writing techniques. The book has pithy discussions of:(1) ways to avoid recurring, yet frequently overlooked, writing problems;(2) sensible approaches to writing common legal documents; and(3) methods for preparing an oral argument.In addition, it provides the reader with a series of checklists to turn to when undertaking a writing project or preparing for oral argument. The authors have designed the book for practicing attorneys as well as law students. The book is an ideal supplement for first-year and advanced legal writing courses, for upper-division skills courses, and for students participating in law journals or moot court programs. Short and to-the-point, the book's unique check-list approach will help law students and practitioners improve their writing methodically.
Author: Joel P. Trachtman
Publisher: Createspace Independent Publishing Platform
ISBN: 9781481246385
Category : Forensic oratory
Languages : en
Pages : 0
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Book Description
Joel Trachtman's book presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law. If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself.
Author: Wilson Ray Huhn
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 224
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Book Description
Organized simply and logically, The Five Types of Legal Argument shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy). It also describes how to weave the arguments together to make them more persuasive and how to attack legal arguments.In this book, Huhn demonstrates exactly why the legal reasoning in a case is difficult to analyze. Each type of legal argument has a different structure and draws upon different evidence of what the law is. Thus this book does not merely introduce readers to law and legal reasoning, but shows how the five different legal arguments are constructed so that various strategies can be developed for attacking each one.
Author: Ruggero J. Aldisert
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
This book tackles the basics of legal reasoning in twelve chapters, including the principles of classic logic, deductive and inductive reasoning, application of the Socratic method to legal reasoning, and formal and material fallacies.
