Burdens Of Proof In Modern Discourse
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Burdens Of Proof In Modern Discourse
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Author : Richard H. Gaskins
language : en
Publisher:
Release Date : 1992
Burdens Of Proof In Modern Discourse written by Richard H. Gaskins and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
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.
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.
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.
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.
Liberal Pluralism
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Author : William Arthur Galston
language : en
Publisher: Cambridge University Press
Release Date : 2002-05-06
Liberal Pluralism written by William Arthur Galston 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 2002-05-06 with Law categories.
Publisher Description
Encyclopedia Of Rhetoric And Composition
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Author : Theresa Enos
language : en
Publisher: Routledge
Release Date : 2013-10-08
Encyclopedia Of Rhetoric And Composition written by Theresa Enos and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-08 with Literary Criticism categories.
First Published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.
Encyclopedia Of Rhetoric And Composition
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Author : Theresa Enos
language : en
Publisher: Routledge
Release Date : 2011-04-06
Encyclopedia Of Rhetoric And Composition written by Theresa Enos and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-06 with Language Arts & Disciplines categories.
This reference guide surveys the field, covering rhetoric's principles, concepts, applications, practical tools, and major thinkers. Drawing on the scholarship and expertise of 288 contributors, the Encyclopedia presents a long-needed overview of rhetoric and its role in contemporary education and communications, discusses rhetoric's contributions to various fields, surveys the applications of this versatile discipline to the teaching of English and language arts, and illustrates its usefulness in all kinds of discourse, argument, and exchange of ideas.
Neurorhetorics
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Author : Jordynn Jack
language : en
Publisher: Routledge
Release Date : 2013-09-13
Neurorhetorics written by Jordynn Jack and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-13 with Language Arts & Disciplines categories.
In academia, as well as in popular culture, the prefix "neuro-" now occurs with startling frequency. Scholars now publish research in the fields of neuroeconomics, neurophilosophy, neuromarketing, neuropolitics, and neuroeducation. Consumers are targeted with enhanced products and services, such as brain-based training exercises, and babies are kept on a strict regimen of brain music, brain videos, and brain games. The chapters in this book investigate the rhetorical appeal, effects, and implications of this prefix, neuro-, and carefully consider the potential collaborative work between rhetoricians and neuroscientists. Drawing on the increasingly interdisciplinary nature of rhetorical study, Neurorhetorics questions how discourses about the brain construct neurological differences, such as mental illness or intelligence measures. Working at the nexus of rhetoric and neuroscience, the authors explore how to operationalize rhetorical inquiry into neuroscience in meaningful ways. They account for the production, dissemination, and appeal of neuroscience research findings, revealing what rhetorics about the brain mean for contemporary public discourse. This book was originally published as a special issue of Rhetoric Society Quarterly.
Rethinking Evidence
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Author : William Twining
language : en
Publisher: Cambridge University Press
Release Date : 2006-06-01
Rethinking Evidence written by William Twining 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 2006-06-01 with Law categories.
The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.
Public Reason
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Author : Fred M. Frohock
language : en
Publisher: Cornell University Press
Release Date : 1999
Public Reason written by Fred M. Frohock and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Philosophy categories.
What resources do we have, Frohock asks, to develop a version of public reason which can succeed even in the deep pluralism anticipated in democratic practices?"--BOOK JACKET.