Argument Types And Fallacies In Legal Argumentation

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Argument Types And Fallacies In Legal Argumentation

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Author : Thomas Bustamante
language : en
Publisher: Springer
Release Date : 2015-04-07

Argument Types And Fallacies In Legal Argumentation written by Thomas Bustamante and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-07 with Law categories.

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 Argumentation And Evidence

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Author : Douglas Walton
language : en
Publisher: Penn State Press
Release Date : 2010-11-01

Legal Argumentation And Evidence written by Douglas Walton and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-01 with Law categories.

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.

Crucial Concepts In Argumentation Theory

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Author : F. H. van Eemeren
language : en
Publisher: Amsterdam University Press
Release Date : 2001

Crucial Concepts In Argumentation Theory written by F. H. van Eemeren and has been published by Amsterdam University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Philosophy categories.

Crucial Concepts in Argumentation Theory is a collection of essays that discuss a series of important issues in the study of argumentation. The essays describe the concepts that are crucial to argumentational research and the various ways these concepts have been approached. The essays explore such issues as points of view, unexpressed premises, argument schemes, argumentation structures, fallacies, argument interpretation and reconstruction, and argumentation in law. Each of the essays provides interested readers with an overview of the literature that can serve as a point of departure for further study.

The Force Of Logic

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Author : Stephen M. Rice
language : en
Publisher: Aspen Publishing
Release Date : 2017-05-03

The Force Of Logic written by Stephen M. Rice and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-03 with Law categories.

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.

The Five Types Of Legal Argument

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Author : Wilson Ray Huhn
language : en
Publisher:
Release Date : 2002

The Five Types Of Legal Argument written by Wilson Ray Huhn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Judicial process categories.

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.

The Logic Of Legal Argumentation

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Author : Marko Novak
language : en
Publisher: Taylor & Francis
Release Date : 2024-02-26

The Logic Of Legal Argumentation written by Marko Novak and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-26 with Law categories.

Presents a thorough analysis of multi-modal argumentation and its practicality within the law. Takes both a descriptive and a normative approach. Applicable in a variety of areas, from Philosophy of Law to Communication Studies.

Relevance In Argumentation

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Author : Douglas Walton
language : en
Publisher: Routledge
Release Date : 2003-10-17

Relevance In Argumentation written by Douglas Walton and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-10-17 with Language Arts & Disciplines categories.

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.

The Death Of Argument

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Author : J.H. Woods
language : en
Publisher: Springer
Release Date : 2010-12-15

The Death Of Argument written by J.H. Woods and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-15 with Philosophy categories.

The present work is a fair record of work I've done on the fallacies and related matters in the fifteen years since 1986. The book may be seen as a sequel to Fallacies: Selected papers 1972-1982, which I wrote with Douglas Walton, and which appeared in 1989 with Foris. This time I am on my own. Douglas Walton has, long since, found his own voice, as the saying has it; and so have I. Both of us greatly value the time we spent performing duets, but we also recognize the attractions of solo work. If I had to characterize the difference that has manifested itself in our later work, I would venture that Walton has strayed more, and I less, from what has come to be called the Woods-Walton Approach to the study of fallacies. Perhaps, on reflection "stray" is not the word for it, inasmuch as Walton's deviation from and my fidelity to the WWA are serious matters of methodological principle. The WWA was always conceived of as a way of handling the analysis of various kinds of fallacious argument or reasoning. It was a response to a particular challenge [Hamblin, 1970]. The challenge was that since logicians had allowed the investigation of fallacious reasoning to fall into disgraceful disarray, it was up to them to put things right. Accordingly, the WWA sought these repairs amidst the rich pluralisms of logic in the 1970s and beyond.

Force Of Logic

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Author : Stephen M. Rice
language : en
Publisher: Aspen Publishing
Release Date : 2017-05-03

Force Of Logic written by Stephen M. Rice and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-03 with Law categories.

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.

Methods Of Argumentation

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Author : Douglas Walton
language : en
Publisher: Cambridge University Press
Release Date : 2013-08-26

Methods Of Argumentation written by Douglas Walton and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-26 with Computers categories.

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.