Presumption And The Practices Of Tentative Cognition
DOWNLOAD
Download Presumption And The Practices Of Tentative Cognition PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Presumption And The Practices Of Tentative Cognition book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Presumption And The Practices Of Tentative Cognition
DOWNLOAD
Author : Nicholas Rescher
language : en
Publisher: Cambridge University Press
Release Date : 2006-06-19
Presumption And The Practices Of Tentative Cognition written by Nicholas Rescher 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 2006-06-19 with Philosophy categories.
Presumption is a remarkably versatile and pervasively useful resource. Firmly grounded in the law of evidence from its origins in classical antiquity, it made its way in the days of medieval scholasticism into the theory and practice of disputation and debate. Subsequently, it extended its reach to play an increasingly significant role in the philosophical theory of knowledge. It has thus come to represent a region where lawyers, debaters, and philosophers can all find some common around. In Presumption and the Practices of Tentative Cognition, Nicholas Rescher endeavors to show that the process of presumption plays a role of virtually indispensable utility in matters of rational inquiry and communication. The origins of presumption may lie in law, but its importance is reinforced by its service to the theory of information management and philosophy.
Presumption And The Practices Of Tentative Cognition
DOWNLOAD
Author : Nicholas Rescher
language : en
Publisher:
Release Date : 2011
Presumption And The Practices Of Tentative Cognition written by Nicholas Rescher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Hypothesis categories.
Secondary Rules Of Primary Importance In International Law
DOWNLOAD
Author : Gábor Kajtár
language : en
Publisher: Oxford University Press
Release Date : 2022
Secondary Rules Of Primary Importance In International Law written by Gábor Kajtár and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
This volume emphasizes the consequential nature of secondary rules of international law (such as attribution, causality, and the standard and burden of proof) and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators.
Legal Fictions In Theory And Practice
DOWNLOAD
Author : Maksymilian Del Mar
language : en
Publisher: Springer
Release Date : 2015-03-11
Legal Fictions In Theory And Practice written by Maksymilian Del Mar and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-11 with Law categories.
This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions. Its focus is on fictions in legal practice, examining and evaluating their roles in a variety of different areas of practice (e.g. in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection approaches the topic in part through the discussion of certain key classical statements by theorists including Jeremy Bentham, Alf Ross, Hans Vaihinger, Hans Kelsen and Lon Fuller. The collection opens with the first-ever translation into English of Kelsen’s review of Vaihinger’s As If. The 17 chapters are divided into four parts: 1) a discussion of the principal theories of fictions, as above, with a focus on Kelsen, Bentham, Fuller and classical pragmatism; 2) a discussion of the relationship between fictions and language; 3) a theoretical and historical examination and evaluation of fictions in the common law; and 4) an account of fictions in different practice areas and in different legal cultures. The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.
Presumptions And Burdens Of Proof
DOWNLOAD
Author : Hans Vilhelm Hansen
language : en
Publisher: University Alabama Press
Release Date : 2019-05-28
Presumptions And Burdens Of Proof written by Hans Vilhelm Hansen and has been published by University Alabama Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-28 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.
Argumentation And Language Linguistic Cognitive And Discursive Explorations
DOWNLOAD
Author : Steve Oswald
language : en
Publisher: Springer
Release Date : 2018-03-08
Argumentation And Language Linguistic Cognitive And Discursive Explorations written by Steve Oswald and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-08 with Language Arts & Disciplines categories.
This volume focuses on the role language plays at all levels of the argumentation process. It explores the effects that specific linguistic choices may have in the production and the reception of arguments and in doing so, it moves beyond the first, necessary, descriptive stance provided by current literature on the topic. Each chapter provides an original take illuminating one or more of the following three issues: the range of linguistic resources language users draw on as they argue; how cognitive processes of meaning construction may influence argumentative practices; and which discursive devices can be used to fulfil a number of argumentative goals. The volume includes theoretical and empirical or applied stances, providing the reader both with state-of-the-art reflections on the relationship between argumentation and language, and with concrete examples of how this relationship plays out in naturally occurring argumentative practices, such as classroom interaction, and political, parliamentary or journalistic discourse. This is a very original, timely and welcome contribution to the study of argumentation conducted with the tools of the language sciences. The collection of papers relevantly tackles key linguistic, discursive and cognitive aspects of argumentative practices whose treatment is underrepresented in mainstream argumentation studies by offering new and exciting linguistically-grounded theoretical accounts. As such, the volume testifies both to the vigour of the linguistic current within the discipline and to the high standards of scholarly commitment and quality that the younger generation is pushing forward. Without question, this book marks an important milestone in the relationships between linguistics and argumentation theory. Christian Plantin, Professor Emeritus
In Pursuit Of Pluralist Jurisprudence
DOWNLOAD
Author : Nicole Roughan
language : en
Publisher: Cambridge University Press
Release Date : 2017-09-14
In Pursuit Of Pluralist Jurisprudence written by Nicole Roughan 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 2017-09-14 with Law categories.
This book presents and evaluates theoretical approaches to 'pluralist jurisprudence' and assesses the viability of theorising law extending beyond the state.
Taming The Presumption Of Innocence
DOWNLOAD
Author : Richard L. Lippke
language : en
Publisher: Oxford University Press
Release Date : 2016-02-01
Taming The Presumption Of Innocence written by Richard L. Lippke and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-01 with Social Science categories.
The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.
The Nigerian Law Of Evidence
DOWNLOAD
Author : Imam, Ibrahim
language : en
Publisher: Malthouse Press
Release Date : 2017-08-09
The Nigerian Law Of Evidence written by Imam, Ibrahim and has been published by Malthouse Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-09 with Law categories.
This book, The Nigerian Law of Evidence, is inspired by the author’s lecture notes on the subject at School of Law, Department of Common Law, Kwara State College of Arabic and Islamic Legal Studies, where he taught for nearly a decade before moving on to the Department of Public Law, University of Ilorin, Ilorin, Nigeria, since 2001. In addition to being a basic text, current and most recently decided cases relating to the subject are cited and particularly the innovation introduced into the amended Act 2011 Cap E14 Laws of Federal Republic of Nigeria. A highly recommended book for law students, law teachers, legal practitioners, judges and magistrates.
Parental Liability In Eu Competition Law
DOWNLOAD
Author : Peter Whelan
language : en
Publisher: Oxford University Press
Release Date : 2023-08-10
Parental Liability In Eu Competition Law written by Peter Whelan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-10 with Law categories.
In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.