Legal Argumentation and Evidence

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Author :
Release : 2010-11-01
Genre : Law
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Book Rating : 338/5 ( reviews)

Legal Argumentation and Evidence - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Argumentation and Evidence write by Douglas Walton. This book was released on 2010-11-01. Legal Argumentation and Evidence available in PDF, EPUB and Kindle. A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.

Argument Types and Fallacies in Legal Argumentation

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Release : 2015-04-07
Genre : Law
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Book Rating : 482/5 ( reviews)

Argument Types and Fallacies in Legal Argumentation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Argument Types and Fallacies in Legal Argumentation write by Thomas Bustamante. This book was released on 2015-04-07. Argument Types and Fallacies in Legal Argumentation available in PDF, EPUB and Kindle. This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.

Legal Argument

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Release : 2007
Genre : Communication in law
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Book Rating : /5 ( reviews)

Legal Argument - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Argument write by James A. Gardner. This book was released on 2007. Legal Argument available in PDF, EPUB and Kindle. Legal Argument: The Structure and Language of Effective Advocacy is a full-featured guide designed primarily for law students in research, writing, analysis and trial advocacy classes and moot court programs. Inside you'll find detailed explanations of how lawyers construct legal arguments and practical guidelines to the process of molding the raw materials of litigation--cases, statutes, testimony, documents, common sense--into instruments of persuasive advocacy. You'll also find writing guidelines that show you how to present a well-constructed legal argument in writing in a way that legal decision makers will find persuasive. The centerpiece of this indispensable work is its syllogism-based step-by-step method, designed to walk the advocate through the process of crafting a winning argument. Intuitive organization presents the material in five parts: Part I sets out a general methodology for constructing legal arguments. Part II focuses more closely on the construction of persuasive, well-grounded legal premises, and covers the effective integration of legal doctrine and evidence into the argument's structure. Part III shows how to put the method to work by giving two detailed examples of the construction of complete legal arguments from scratch. Part IV provides a detailed protocol for reducing well-constructed legal arguments to written form, along with a concrete illustration of that process. It also provides concrete advice on how to recognize and avoid a host of common mistakes in the written presentation of legal arguments. Part V moves from the basics into more advanced techniques of persuasive legal argument, including rhetorical tactics like framing and emphasis, how to respond to arguments, maintaining professionalism in advocacy, and the ethical limits of argument.

Argument Evaluation and Evidence

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Release : 2015-08-04
Genre : Philosophy
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Book Rating : 26X/5 ( reviews)

Argument Evaluation and Evidence - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Argument Evaluation and Evidence write by Douglas Walton. This book was released on 2015-08-04. Argument Evaluation and Evidence available in PDF, EPUB and Kindle. ​This monograph poses a series of key problems of evidential reasoning and argumentation. It then offers solutions achieved by applying recently developed computational models of argumentation made available in artificial intelligence. Each problem is posed in such a way that the solution is easily understood. The book progresses from confronting these problems and offering solutions to them, building a useful general method for evaluating arguments along the way. It provides a hands-on survey explaining to the reader how to use current argumentation methods and concepts that are increasingly being implemented in more precise ways for the application of software tools in computational argumentation systems. It shows how the use of these tools and methods requires a new approach to the concepts of knowledge and explanation suitable for diverse settings, such as issues of public safety and health, debate, legal argumentation, forensic evidence, science education, and the use of expert opinion evidence in personal and public deliberations.

Presumptions and Burdens of Proof

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Release : 2019
Genre : Language Arts & Disciplines
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Book Rating : 172/5 ( reviews)

Presumptions and Burdens of Proof - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Presumptions and Burdens of Proof write by Hans Vilhelm Hansen. This book was released on 2019. Presumptions and Burdens of Proof available in PDF, EPUB and Kindle. 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.