Burden Of Proof Presumption And Argumentation


Burden Of Proof Presumption And Argumentation
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Burden Of Proof Presumption And Argumentation


Burden Of Proof Presumption And Argumentation
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Author : Douglas Walton
language : en
Publisher: Cambridge University Press
Release Date : 2014-06-30

Burden Of Proof Presumption And 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 2014-06-30 with Computers categories.


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.



Presumptions And Burdens Of Proof


Presumptions And Burdens Of Proof
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Author : Hans Vilhelm Hansen
language : en
Publisher: Rhetoric, Law, and the Humanit
Release Date : 2019

Presumptions And Burdens Of Proof written by Hans Vilhelm Hansen and has been published by Rhetoric, Law, and the Humanit this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Language Arts & Disciplines categories.


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.



Witness Testimony Evidence


Witness Testimony Evidence
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Author : Douglas Walton
language : en
Publisher: Cambridge University Press
Release Date : 2007-11-19

Witness Testimony Evidence 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 2007-11-19 with Philosophy categories.


Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process.



Methods Of Argumentation


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.



Burdens Of Proof In Modern Discourse


Burdens Of Proof In Modern Discourse
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Author : Richard H. Gaskins
language : en
Publisher: Yale University Press
Release Date : 1995-02-22

Burdens Of Proof In Modern Discourse written by Richard H. Gaskins and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-02-22 with Law categories.


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.



Argumentation Schemes For Presumptive Reasoning


Argumentation Schemes For Presumptive Reasoning
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Author : Douglas Walton
language : en
Publisher: Routledge
Release Date : 2013-11-05

Argumentation Schemes For Presumptive Reasoning 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 2013-11-05 with Language Arts & Disciplines categories.


Recent concerns with the evaluation of argumentation in informal logic and speech communication center around nondemonstrative arguments that lead to tentative or defeasible conclusions based on a balance of considerations. Such arguments do not appear to have structures of the kind traditionally identified with deductive and inductive reasoning, but are extremely common and are often called "plausible" or "presumptive," meaning that they are only provisionally acceptable even when they are correct. How is one to judge, by some clearly defined standard, whether such arguments are correct or not in a given instance? The answer lies in what are called argumentation schemes -- forms of argument (structures of inference) that enable one to identify and evaluate common types of argumentation in everyday discourse. This book identifies 25 argumentation schemes for presumptive reasoning and matches a set of critical questions to each. These two elements -- the scheme and the questions -- are then used to evaluate a given argument in a particular case in relation to a context of dialogue in which the argument occurred. In recent writings on argumentation, there is a good deal of stress placed on how important argumentation schemes are in any attempt to evaluate common arguments in everyday reasoning as correct or fallacious, acceptable or questionable. However, the problem is that the literature thus far has not produced a precise and user-friendly enough analysis of the structures of the argumentation schemes themselves, nor have any of the documented accounts been as helpful, accessible, or systematic as they could be, especially in relation to presumptive reasoning. This book solves the problem by presenting the most common presumptive schemes in an orderly and clear way that makes them explicit and useful as precisely defined structures. As such, it will be an indispensable tool for researchers, students, and teachers in the areas of critical thinking, argumentation, speech communication, informal logic, and discourse analysis.



The Presumption Of Innocence


The Presumption Of Innocence
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Author : Andrew Stumer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-06-14

The Presumption Of Innocence written by Andrew Stumer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-14 with Law categories.


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.



Artificial Intelligence And Legal Analytics


Artificial Intelligence And Legal Analytics
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Author : Kevin D. Ashley
language : en
Publisher: Cambridge University Press
Release Date : 2017-07-10

Artificial Intelligence And Legal Analytics written by Kevin D. Ashley 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 2017-07-10 with Law categories.


This book describes how text analytics and computational models of legal reasoning will improve legal IR and let computers help humans solve legal problems.



Handbook Of Legal Reasoning And Argumentation


Handbook Of Legal Reasoning And Argumentation
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Author : Giorgio Bongiovanni
language : en
Publisher: Springer
Release Date : 2018-07-02

Handbook Of Legal Reasoning And Argumentation written by Giorgio Bongiovanni and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-02 with Philosophy categories.


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.



The Practice Of Argumentation


The Practice Of Argumentation
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Author : David Zarefsky
language : en
Publisher: Cambridge University Press
Release Date : 2019-09-19

The Practice Of Argumentation written by David Zarefsky 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 2019-09-19 with Philosophy categories.


Explores how we justify our beliefs - and try to influence those of others - both soundly and effectively.