Presumptions and Burdens of Proof

Presumptions and Burdens of Proof

Author: Hans Vilhelm Hansen

Publisher: Rhetoric, Law, and the Humanit

Published: 2019

Total Pages: 316

ISBN-13: 0817320172

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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.


Book Synopsis Presumptions and Burdens of Proof by : Hans Vilhelm Hansen

Download or read book Presumptions and Burdens of Proof written by Hans Vilhelm Hansen and published by Rhetoric, Law, and the Humanit. This book was released on 2019 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Burden of Proof, Presumption and Argumentation

Burden of Proof, Presumption and Argumentation

Author: Douglas Walton

Publisher: Cambridge University Press

Published: 2014-06-30

Total Pages: 321

ISBN-13: 1107046629

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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.


Book Synopsis Burden of Proof, Presumption and Argumentation by : Douglas Walton

Download or read book Burden of Proof, Presumption and Argumentation written by Douglas Walton and published by Cambridge University Press. This book was released on 2014-06-30 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Burden of Proof, Presumption and Argumentation

Burden of Proof, Presumption and Argumentation

Author: Douglas Walton

Publisher: Cambridge University Press

Published: 2014-06-11

Total Pages: 0

ISBN-13: 9781139950480

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The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artificial intelligence has built precise formal and computational systems to represent this kind of reasoning. The book provides a model of reasoning with burden of proof and presumption, based on analyses of many clearly explained legal and non-legal examples. The model is shown to fit cases of everyday conversational argumentation as well as argumentation in legal cases. Burden of proof determines (1) under what conditions an arguer is obliged to support a claim with an argument that backs it up and (2) how strong that argument needs to be to prove the claim in question.


Book Synopsis Burden of Proof, Presumption and Argumentation by : Douglas Walton

Download or read book Burden of Proof, Presumption and Argumentation written by Douglas Walton and published by Cambridge University Press. This book was released on 2014-06-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artificial intelligence has built precise formal and computational systems to represent this kind of reasoning. The book provides a model of reasoning with burden of proof and presumption, based on analyses of many clearly explained legal and non-legal examples. The model is shown to fit cases of everyday conversational argumentation as well as argumentation in legal cases. Burden of proof determines (1) under what conditions an arguer is obliged to support a claim with an argument that backs it up and (2) how strong that argument needs to be to prove the claim in question.


Burden of Proof, Presumption and Argumentation

Burden of Proof, Presumption and Argumentation

Author: Douglas Walton

Publisher: Cambridge University Press

Published: 2014-06-30

Total Pages: 321

ISBN-13: 1139952609

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The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artificial intelligence has built precise formal and computational systems to represent this kind of reasoning. The book provides a model of reasoning with burden of proof and presumption, based on analyses of many clearly explained legal and non-legal examples. The model is shown to fit cases of everyday conversational argumentation as well as argumentation in legal cases. Burden of proof determines (1) under what conditions an arguer is obliged to support a claim with an argument that backs it up and (2) how strong that argument needs to be to prove the claim in question.


Book Synopsis Burden of Proof, Presumption and Argumentation by : Douglas Walton

Download or read book Burden of Proof, Presumption and Argumentation written by Douglas Walton and published by Cambridge University Press. This book was released on 2014-06-30 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artificial intelligence has built precise formal and computational systems to represent this kind of reasoning. The book provides a model of reasoning with burden of proof and presumption, based on analyses of many clearly explained legal and non-legal examples. The model is shown to fit cases of everyday conversational argumentation as well as argumentation in legal cases. Burden of proof determines (1) under what conditions an arguer is obliged to support a claim with an argument that backs it up and (2) how strong that argument needs to be to prove the claim in question.


Witness Testimony Evidence

Witness Testimony Evidence

Author: Douglas Walton

Publisher: Cambridge University Press

Published: 2007-11-19

Total Pages: 15

ISBN-13: 1139468804

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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.


Book Synopsis Witness Testimony Evidence by : Douglas Walton

Download or read book Witness Testimony Evidence written by Douglas Walton and published by Cambridge University Press. This book was released on 2007-11-19 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Argumentation Schemes for Presumptive Reasoning

Argumentation Schemes for Presumptive Reasoning

Author: Douglas Walton

Publisher: Routledge

Published: 2013-11-05

Total Pages: 236

ISBN-13: 113668705X

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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.


Book Synopsis Argumentation Schemes for Presumptive Reasoning by : Douglas Walton

Download or read book Argumentation Schemes for Presumptive Reasoning written by Douglas Walton and published by Routledge. This book was released on 2013-11-05 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Methods of Argumentation

Methods of Argumentation

Author: Douglas Walton

Publisher: Cambridge University Press

Published: 2013-08-26

Total Pages: 321

ISBN-13: 1107039304

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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.


Book Synopsis Methods of Argumentation by : Douglas Walton

Download or read book Methods of Argumentation written by Douglas Walton and published by Cambridge University Press. This book was released on 2013-08-26 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


The Place of Emotion in Argument

The Place of Emotion in Argument

Author: Douglas Walton

Publisher: Penn State Press

Published: 2010-11-01

Total Pages: 313

ISBN-13: 0271040890

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Book Synopsis The Place of Emotion in Argument by : Douglas Walton

Download or read book The Place of Emotion in Argument written by Douglas Walton and published by Penn State Press. This book was released on 2010-11-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Argumentation

Argumentation

Author: Lapakko Ph. D. David Lapakko Ph. D.

Publisher: iUniverse

Published: 2009-10

Total Pages: 294

ISBN-13: 1440168385

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Argumentation: Critical Thinking in Action, 2nd ed., explores a wide variety of issues and concepts connected to making arguments, responding to the arguments of others, and using good critical thinking skills to analyze persuasive communication. Key topics include the nature of claims, evidence, and reasoning; common fallacies in reasoning; traits associated with good critical thinking; how language is used strategically in argument; ways to organize an argumentative case; how to refute an opposing argument or case; cultural dimensions of argument; and ways to make a better impression either orally or in writing.


Book Synopsis Argumentation by : Lapakko Ph. D. David Lapakko Ph. D.

Download or read book Argumentation written by Lapakko Ph. D. David Lapakko Ph. D. and published by iUniverse. This book was released on 2009-10 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argumentation: Critical Thinking in Action, 2nd ed., explores a wide variety of issues and concepts connected to making arguments, responding to the arguments of others, and using good critical thinking skills to analyze persuasive communication. Key topics include the nature of claims, evidence, and reasoning; common fallacies in reasoning; traits associated with good critical thinking; how language is used strategically in argument; ways to organize an argumentative case; how to refute an opposing argument or case; cultural dimensions of argument; and ways to make a better impression either orally or in writing.


Artificial Intelligence and Legal Analytics

Artificial Intelligence and Legal Analytics

Author: Kevin D. Ashley

Publisher: Cambridge University Press

Published: 2017-07-10

Total Pages: 451

ISBN-13: 1107171504

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


Book Synopsis Artificial Intelligence and Legal Analytics by : Kevin D. Ashley

Download or read book Artificial Intelligence and Legal Analytics written by Kevin D. Ashley and published by Cambridge University Press. This book was released on 2017-07-10 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes how text analytics and computational models of legal reasoning will improve legal IR and let computers help humans solve legal problems.