Argument Types And Fallacies In Legal Argumentation

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Argument Types and Fallacies in Legal Argumentation

Author : Thomas Bustamante
Publisher : Springer
ISBN 13 : 3319161482
Total Pages : 230 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Argument Types and Fallacies in Legal Argumentation by : Thomas Bustamante

Download or read book Argument Types and Fallacies in Legal Argumentation written by Thomas Bustamante and published by Springer. This book was released on 2015-04-07 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.

Legal Argumentation and Evidence

Author : Douglas Walton
Publisher : Penn State Press
ISBN 13 : 9780271048338
Total Pages : 400 pages
Book Rating : 4.0/5 (483 download)

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Book Synopsis Legal Argumentation and Evidence by : Douglas Walton

Download or read book Legal Argumentation and Evidence written by Douglas Walton and published by Penn State Press. This book was released on 2010-11-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.

The Force of Logic

Author : Stephen M. Rice
Publisher : Aspen Publishing
ISBN 13 : 1601566093
Total Pages : 290 pages
Book Rating : 4.6/5 (15 download)

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Book Synopsis The Force of Logic by : Stephen M. Rice

Download or read book The Force of Logic written by Stephen M. Rice and published by Aspen Publishing. This book was released on 2017-05-03 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You’re not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic—without realizing it—because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.” In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s—and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.

Force of Logic

Author : Stephen M. Rice
Publisher : Aspen Publishing
ISBN 13 : 1601566107
Total Pages : 429 pages
Book Rating : 4.6/5 (15 download)

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Book Synopsis Force of Logic by : Stephen M. Rice

Download or read book Force of Logic written by Stephen M. Rice and published by Aspen Publishing. This book was released on 2017-05-03 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You’re not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic—without realizing it—because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.” In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s—and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.

The Five Types of Legal Argument

Author : Wilson Ray Huhn
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Five Types of Legal Argument by : Wilson Ray Huhn

Download or read book The Five Types of Legal Argument written by Wilson Ray Huhn and published by . This book was released on 2002 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organized simply and logically, The Five Types of Legal Argument shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy). It also describes how to weave the arguments together to make them more persuasive and how to attack legal arguments.In this book, Huhn demonstrates exactly why the legal reasoning in a case is difficult to analyze. Each type of legal argument has a different structure and draws upon different evidence of what the law is. Thus this book does not merely introduce readers to law and legal reasoning, but shows how the five different legal arguments are constructed so that various strategies can be developed for attacking each one.

Fundamentals of Legal Argumentation

Author : Eveline T. Feteris
Publisher : Springer Science & Business Media
ISBN 13 : 9401592195
Total Pages : 236 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis Fundamentals of Legal Argumentation by : Eveline T. Feteris

Download or read book Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.

Crucial Concepts in Argumentation Theory

Author : F. H. van Eemeren
Publisher : Amsterdam University Press
ISBN 13 : 9789053565230
Total Pages : 244 pages
Book Rating : 4.5/5 (652 download)

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Book Synopsis Crucial Concepts in Argumentation Theory by : F. H. van Eemeren

Download or read book Crucial Concepts in Argumentation Theory written by F. H. van Eemeren and published by Amsterdam University Press. This book was released on 2001 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crucial Concepts in Argumentation Theory is a collection of essays that discuss a series of important issues in the study of argumentation. The essays describe the concepts that are crucial to argumentational research and the various ways these concepts have been approached. The essays explore such issues as points of view, unexpressed premises, argument schemes, argumentation structures, fallacies, argument interpretation and reconstruction, and argumentation in law. Each of the essays provides interested readers with an overview of the literature that can serve as a point of departure for further study.

Legal Argumentation Theory: Cross-Disciplinary Perspectives

Author : Christian Dahlman
Publisher : Springer Science & Business Media
ISBN 13 : 9400746709
Total Pages : 239 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Legal Argumentation Theory: Cross-Disciplinary Perspectives by : Christian Dahlman

Download or read book Legal Argumentation Theory: Cross-Disciplinary Perspectives written by Christian Dahlman and published by Springer Science & Business Media. This book was released on 2012-09-14 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence. It presents an overview of contributions representative of different academic and legal cultures, and different continents and countries. The book contains contributions on strategic maneuvering, argumentum ad absurdum, argumentum ad hominem, consequentialist argumentation, weighing and balancing, the relation between legal argumentation and truth, the distinction between the context of discovery and context of justification, and the role of constitutive and regulative rules in legal argumentation. It is based on a selection of papers that were presented in the special workshop on Legal Argumentation organized at the 25th IVR World Congress for Philosophy of Law and Social Philosophy held 15-20 August 2011 in Frankfurt, Germany.

The Death of Argument

Author : J.H. Woods
Publisher : Springer Science & Business Media
ISBN 13 : 1402027125
Total Pages : 387 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis The Death of Argument by : J.H. Woods

Download or read book The Death of Argument written by J.H. Woods and published by Springer Science & Business Media. This book was released on 2013-11-09 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present work is a fair record of work I've done on the fallacies and related matters in the fifteen years since 1986. The book may be seen as a sequel to Fallacies: Selected papers 1972-1982, which I wrote with Douglas Walton, and which appeared in 1989 with Foris. This time I am on my own. Douglas Walton has, long since, found his own voice, as the saying has it; and so have I. Both of us greatly value the time we spent performing duets, but we also recognize the attractions of solo work. If I had to characterize the difference that has manifested itself in our later work, I would venture that Walton has strayed more, and I less, from what has come to be called the Woods-Walton Approach to the study of fallacies. Perhaps, on reflection "stray" is not the word for it, inasmuch as Walton's deviation from and my fidelity to the WWA are serious matters of methodological principle. The WWA was always conceived of as a way of handling the analysis of various kinds of fallacious argument or reasoning. It was a response to a particular challenge [Hamblin, 1970]. The challenge was that since logicians had allowed the investigation of fallacious reasoning to fall into disgraceful disarray, it was up to them to put things right. Accordingly, the WWA sought these repairs amidst the rich pluralisms of logic in the 1970s and beyond.

Handbook of Legal Reasoning and Argumentation

Author : Giorgio Bongiovanni
Publisher : Springer
ISBN 13 : 9048194520
Total Pages : 773 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis Handbook of Legal Reasoning and Argumentation by : Giorgio Bongiovanni

Download or read book Handbook of Legal Reasoning and Argumentation written by Giorgio Bongiovanni and published by Springer. This book was released on 2018-07-02 with total page 773 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Theory of Legal Argumentation

Author : Robert Alexy
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 352 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Theory of Legal Argumentation by : Robert Alexy

Download or read book A Theory of Legal Argumentation written by Robert Alexy and published by Oxford University Press, USA. This book was released on 1989 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "What is to be understood by 'rational legal argument'? To what extent can legal reasoning be rational? Is the demand for rationality in legal affairs justified? And what are the criteria of rationality in legal reasoning? The answer to these questions is not only of interest to legal theorists and philosophers of law. They are pressing issues for practicing lawyers, and a matter of concern for every citizen active in the public arena. Not only the standing of academic law as a scientific discipline, but also the legitimacy of judicial decisions depends on the possibility of rational legal argumentation. A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German philosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third part of this book"--Publisher's website.

The Logic of Legal Argumentation

Author : Marko Novak
Publisher : Taylor & Francis
ISBN 13 : 1003853196
Total Pages : 179 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis The Logic of Legal Argumentation by : Marko Novak

Download or read book The Logic of Legal Argumentation written by Marko Novak and published by Taylor & Francis. This book was released on 2024-02-26 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a thorough analysis of multi-modal argumentation and its practicality within the law. Takes both a descriptive and a normative approach. Applicable in a variety of areas, from Philosophy of Law to Communication Studies.

Fallacies and Argument Appraisal

Author : Christopher W. Tindale
Publisher : Cambridge University Press
ISBN 13 : 1139461842
Total Pages : 19 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Fallacies and Argument Appraisal by : Christopher W. Tindale

Download or read book Fallacies and Argument Appraisal written by Christopher W. Tindale and published by Cambridge University Press. This book was released on 2007-01-22 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fallacies and Argument Appraisal presents an introduction to the nature, identification, and causes of fallacious reasoning, along with key questions for evaluation. Drawing from the latest work on fallacies as well as some of the standard ideas that have remained relevant since Aristotle, Christopher Tindale investigates central cases of major fallacies in order to understand what has gone wrong and how this has occurred. Dispensing with the approach that simply assigns labels and brief descriptions of fallacies, Tindale provides fuller treatments that recognize the dialectical and rhetorical contexts in which fallacies arise. This volume analyzes major fallacies through accessible, everyday examples. Critical questions are developed for each fallacy to help the student identify them and provide considered evaluations.

Appeal to Popular Opinion

Author : Douglas Walton
Publisher : Penn State Press
ISBN 13 : 0271042540
Total Pages : 306 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Appeal to Popular Opinion by : Douglas Walton

Download or read book Appeal to Popular Opinion written by Douglas Walton and published by Penn State Press. This book was released on 2010-11-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Methods of Argumentation

Author : Douglas Walton
Publisher : Cambridge University Press
ISBN 13 : 1107039304
Total Pages : 321 pages
Book Rating : 4.1/5 (7 download)

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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.

Ad Hominem Arguments

Author : Douglas Walton
Publisher : University of Alabama Press
ISBN 13 : 0817355618
Total Pages : 338 pages
Book Rating : 4.8/5 (173 download)

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Book Synopsis Ad Hominem Arguments by : Douglas Walton

Download or read book Ad Hominem Arguments written by Douglas Walton and published by University of Alabama Press. This book was released on 1998 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: A vital contribution to legal theory and media and civic discourse In the 1860s, northern newspapers attacked Abraham Lincoln's policies by attacking his character, using the terms "drunk," "baboon," "too slow," "foolish," and "dishonest." Steadily on the increase in political argumentation since then, the argumentum ad hominem, or personal attack argument, has now been carefully refined as an instrument of "oppo tactics" and "going negative" by the public relations experts who craft political campaigns at the national level. In this definitive treatment of one of the most important concepts in argumentation theory and informal logic, Douglas Walton presents a normative framework for identifying and evaluating ad hominem or personal attack arguments. Personal attack arguments have often proved to be so effective, in election campaigns, for example, that even while condemning them, politicians have not stopped using them. In the media, in the courtroom, and in everyday confrontation, ad hominem arguments are easy to put forward as accusations, are difficult to refute, and often have an extremely powerful effect on persuading an audience. Walton gives a clear method for analyzing and evaluating cases of ad hominem arguments found in everyday argumentation. His analysis classifies the ad hominem argument into five clearly defined subtypes—abusive (direct), circumstantial, bias, "poisoning the well," and tu quoque ("you're just as bad") arguments—and gives methods for evaluating each type. Each subtype is given a well-defined form as a recognizable type of argument. The numerous case studies show in concrete terms many practical aspects of how to use textual evidence to identify and analyze fallacies and to evaluate argumentation as fallacious or not in particular cases.

Relevance in Argumentation

Author : Douglas Walton
Publisher : Routledge
ISBN 13 : 1135618968
Total Pages : 328 pages
Book Rating : 4.1/5 (356 download)

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Book Synopsis Relevance in Argumentation by : Douglas Walton

Download or read book Relevance in Argumentation written by Douglas Walton and published by Routledge. This book was released on 2003-10-17 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Relevance in Argumentation, author Douglas Walton presents a new method for critically evaluating arguments for relevance. This method enables a critic to judge whether a move can be said to be relevant or irrelevant, and is based on case studies of argumentation in which an argument, or part of an argument, has been criticized as irrelevant. Walton's method is based on a new theory of relevance that incorporates techniques of argumentation theory, logic, and artificial intelligence. The work uses a case-study approach with numerous examples of controversial arguments, strategies of attack in argumentation, and fallacies. Walton reviews ordinary cases of irrelevance in argumentation, and uses them as a basis to advance and develop his new theory of irrelevance and relevance. The volume also presents a clear account of the technical problems in the previous attempts to define relevance, including an analysis of formal systems of relevance logic and an explanation of the Grecian notion of conversational relevance. This volume is intended for graduate and advanced undergraduate courses in those fields using argumentation theory--especially philosophy, linguistics, cognitive science and communication studies, in addition to argumentation. The work also has practical use, as it applies theory directly to familiar examples of argumentation in daily and professional life. With a clear and comprehensive method for determining relevance and irrelevance, it can be convincingly applied to highly significant practical problems about relevance, including those in legal and political argumentation.