Burdens Of Proof In Modern Discourse

Author : Richard H. Gaskins
Publisher :
ISBN 13 : 9780300057164
Total Pages : 362 pages
Book Rating : 4.64/5 ( download)

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Download or read book Burdens of Proof in Modern Discourse written by Richard H. Gaskins and published by . This book was released on 1992 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Richard H. Gaskins
Publisher : Yale University Press
ISBN 13 : 9780300063066
Total Pages : 390 pages
Book Rating : 4.67/5 ( download)

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Download or read book Burdens of Proof in Modern Discourse written by Richard H. Gaskins and published by Yale University Press. This book was released on 1995-02-22 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Hans Vilhelm Hansen
Publisher : Rhetoric, Law, and the Humanit
ISBN 13 : 0817320172
Total Pages : 316 pages
Book Rating : 4.71/5 ( download)

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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.

Author : Frans H. van Eemeren
Publisher : Springer
ISBN 13 : 3319209558
Total Pages : 904 pages
Book Rating : 4.55/5 ( download)

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Download or read book Reasonableness and Effectiveness in Argumentative Discourse written by Frans H. van Eemeren and published by Springer. This book was released on 2015-08-27 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents 50 contributions on the themes of reasonableness and effectiveness and their connections, which are central issues in argumentation theory. It discusses van Eemeren’s views on the study of argumentation; the approach to argumentation adopted in pragma-dialectics; pragma-dialectical perspectives on the dialectical and pragmatic dimensions of argumentative discourse; the notion of strategic maneuvering; the pragma-dialectical method of analyzing argumentative discourse; the treatment of fallacies as violations of rules for critical discussion; pragma-dialectical views on context, the role of logic, verbal indicators of argumentative moves and argument schemes; and the process of writing and rewriting argumentative texts. The pragma-dialectical quantitative approach to empirical research on argumentative discourse is illustrated by reporting on selected, illustrative experimental studies, as well as qualitative studies of historical cases.

Author : Meelis Friedenthal
Publisher : BRILL
ISBN 13 : 9004436200
Total Pages : 934 pages
Book Rating : 4.06/5 ( download)

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Download or read book Early Modern Disputations and Dissertations in an Interdisciplinary and European Context written by Meelis Friedenthal and published by BRILL. This book was released on 2021-01-25 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a wide-ranging overview of the 16th-18th century disputation culture in various European regions. Its focus is on printed disputations as a polyvalent media form which brings together many of the elements that contributed to the cultural and scientific changes during the early modern period.

Author : David Ciepley
Publisher : Harvard University Press
ISBN 13 : 9780674022966
Total Pages : 416 pages
Book Rating : 4.63/5 ( download)

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Download or read book Liberalism in the Shadow of Totalitarianism written by David Ciepley and published by Harvard University Press. This book was released on 2006 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that it was primarily the encounter with totalitarianism that dissolved the ideals of American progressivism and crystallized the ideals of postwar liberalism. In politics, the ideal of governance by a strong, independent executive was rejected and a politics of contending interest groups was embraced.

Author : Douglas Walton
Publisher : Cambridge University Press
ISBN 13 : 1139952609
Total Pages : 321 pages
Book Rating : 4.06/5 ( download)

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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.

Author :
Publisher :
ISBN 13 :
Total Pages : 110 pages
Book Rating : 4./5 ( download)

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Download or read book ABA Journal written by and published by . This book was released on 1993-06 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

Author : David Palmeter
Publisher : Cambridge University Press
ISBN 13 : 9780521530033
Total Pages : 356 pages
Book Rating : 4.32/5 ( download)

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Download or read book Dispute Settlement in the World Trade Organization written by David Palmeter and published by Cambridge University Press. This book was released on 2004-04 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any experienced lawyer knows that cases are most often won or lost on procedural grounds; yet procedural issues are often considered too technical for proper treatment in legal literature. In this extensively revised new edition of Palmeter and Mavroidis' authoritative book on WTO dispute settlement, the authors discuss all WTO dispute settlement provisions and their interpretation in WTO jurisprudence. All the decisions of panels and the Appellate Body are discussed, from the inception of the WTO in 1995 until the end of May 2003. Although the book contains considerable technical expertise, it is at the same time written for accessibility to a wide readership. This volume - an essential tool for practitioners, diplomats and government lawyers - is a comprehensive study of compulsory third party adjudication in international law.

Author : George Pavlich
Publisher : Routledge
ISBN 13 : 1351736094
Total Pages : 321 pages
Book Rating : 4.91/5 ( download)

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Download or read book Critique and Radical Discourses on Crime written by George Pavlich and published by Routledge. This book was released on 2019-07-12 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: Critique and Radical Discourses on Crime develops a unique line of thought in contemporary criminology, re-examining an under-researched dimension of radical discourse. In particular, it focuses attention on the distinguishing feature of radical discourses, their allegiance to various visions of critique. The book reassesses the genres of critique evident in previous forms of radical criminology, formulates a different genre of critique appropriate to the uncertainties of postmodern conditions and, shows how these genres can be articulated to differently conceived radical discourses on crime .