Legal Argumentation and Evidence

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Author :
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.

Legal Argument

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Author :
Publisher : LexisNexis/Matthew Bender
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Argument by : James A. Gardner

Download or read book Legal Argument written by James A. Gardner and published by LexisNexis/Matthew Bender. This book was released on 2007 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Argument: The Structure and Language of Effective Advocacy is a full-featured guide designed primarily for law students in research, writing, analysis and trial advocacy classes and moot court programs. Inside you'll find detailed explanations of how lawyers construct legal arguments and practical guidelines to the process of molding the raw materials of litigation--cases, statutes, testimony, documents, common sense--into instruments of persuasive advocacy. You'll also find writing guidelines that show you how to present a well-constructed legal argument in writing in a way that legal decision makers will find persuasive. The centerpiece of this indispensable work is its syllogism-based step-by-step method, designed to walk the advocate through the process of crafting a winning argument. Intuitive organization presents the material in five parts: Part I sets out a general methodology for constructing legal arguments. Part II focuses more closely on the construction of persuasive, well-grounded legal premises, and covers the effective integration of legal doctrine and evidence into the argument's structure. Part III shows how to put the method to work by giving two detailed examples of the construction of complete legal arguments from scratch. Part IV provides a detailed protocol for reducing well-constructed legal arguments to written form, along with a concrete illustration of that process. It also provides concrete advice on how to recognize and avoid a host of common mistakes in the written presentation of legal arguments. Part V moves from the basics into more advanced techniques of persuasive legal argument, including rhetorical tactics like framing and emphasis, how to respond to arguments, maintaining professionalism in advocacy, and the ethical limits of argument.

Presumptions and Burdens of Proof

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Author :
Publisher : Rhetoric, Law, and the Humanit
ISBN 13 : 0817320172
Total Pages : 316 pages
Book Rating : 4.8/5 (173 download)

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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.

Argument Types and Fallacies in Legal Argumentation

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Author :
Publisher : Springer
ISBN 13 : 3319161482
Total Pages : 222 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 222 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 Theory: Cross-Disciplinary Perspectives

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 9400746695
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 2012-09-12 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.

Argument Evaluation and Evidence

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Publisher : Springer
ISBN 13 : 331919626X
Total Pages : 286 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Argument Evaluation and Evidence by : Douglas Walton

Download or read book Argument Evaluation and Evidence written by Douglas Walton and published by Springer. This book was released on 2015-08-04 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: ​This monograph poses a series of key problems of evidential reasoning and argumentation. It then offers solutions achieved by applying recently developed computational models of argumentation made available in artificial intelligence. Each problem is posed in such a way that the solution is easily understood. The book progresses from confronting these problems and offering solutions to them, building a useful general method for evaluating arguments along the way. It provides a hands-on survey explaining to the reader how to use current argumentation methods and concepts that are increasingly being implemented in more precise ways for the application of software tools in computational argumentation systems. It shows how the use of these tools and methods requires a new approach to the concepts of knowledge and explanation suitable for diverse settings, such as issues of public safety and health, debate, legal argumentation, forensic evidence, science education, and the use of expert opinion evidence in personal and public deliberations.

Witness Testimony Evidence

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139468804
Total Pages : 15 pages
Book Rating : 4.1/5 (394 download)

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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.

Handbook of Legal Reasoning and Argumentation

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Author :
Publisher : Springer
ISBN 13 : 9048194520
Total Pages : 764 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 764 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.

Arguments, Stories and Criminal Evidence

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 9400701403
Total Pages : 292 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Arguments, Stories and Criminal Evidence by : Floris J. Bex

Download or read book Arguments, Stories and Criminal Evidence written by Floris J. Bex and published by Springer Science & Business Media. This book was released on 2011-02-15 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are made more explicit and clear. This analysis uses stories about what happened and arguments to anchor these stories in evidence. Thus the argumentative and the narrative approaches from the research in legal philosophy and legal psychology are combined. Because the book describes its subjects in both an informal and a formal style, it is relevant for scholars in legal philosophy, AI, logic and argumentation theory. The book can also appeal to practitioners in the investigative and legal professions, who are interested in the ways in which they can and should reason with evidence.

Legal Argumentation and the Rule of Law

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Publisher :
ISBN 13 : 9789462745971
Total Pages : 238 pages
Book Rating : 4.7/5 (459 download)

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Book Synopsis Legal Argumentation and the Rule of Law by : E. T. Feteris

Download or read book Legal Argumentation and the Rule of Law written by E. T. Feteris and published by . This book was released on 2016 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern legal systems are characterized by a tension between two commonplaces: the Rule of Law on the one hand, and the arguable character of law on the other. The Rule of Law calls for legal certainty, predictability and reasonableness; the argumentative character of law implies room for rational disagreement. In this book, expert scholars come together to offer interdisciplinary approaches to debate this tension and its possible reconciliation. Central in their perspective is that reconciliation is possible when the Rule of Law also incorporates rules for reason-giving. Reason-giving should be part of a substantive conception of the Rule of Law. Requiring that legal decision-makers give reasons furthers reasonable outcomes. The analysis of the ideal of rational argumentation and the ideal of the Rule of Law show how insights of two traditions are connected. This collection of essays includes contributions from law, argumentation theory, logic and philosophical perspectives. This multifaceted approach demonstrates the variety of questions that emerge at the intersection of both commonplaces. This volume fills a remarkable void in the current literature on the Rule of Law. It should be welcomed, not only by experts in Legal Methodology, Argumentation Theory and Rhetoric, but by judges, lawyers and law students as well. [Subject: Constitutional Law, Legal Theory, Civil Law]

Argumentation Methods for Artificial Intelligence in Law

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3540278818
Total Pages : 270 pages
Book Rating : 4.5/5 (42 download)

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Book Synopsis Argumentation Methods for Artificial Intelligence in Law by : Douglas Walton

Download or read book Argumentation Methods for Artificial Intelligence in Law written by Douglas Walton and published by Springer Science & Business Media. This book was released on 2005-12-05 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Use of argumentation methods applied to legal reasoning is a relatively new field of study. The book provides a survey of the leading problems, and outlines how future research using argumentation-based methods show great promise of leading to useful solutions. The problems studied include not only these of argument evaluation and argument invention, but also analysis of specific kinds of evidence commonly used in law, like witness testimony, circumstantial evidence, forensic evidence and character evidence. New tools for analyzing these kinds of evidence are introduced.

The Five Types of Legal Argument

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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.

Force of Logic

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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 Structure of Legal Argument and Proof

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Author :
Publisher :
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Structure of Legal Argument and Proof by : J. S. Covington

Download or read book The Structure of Legal Argument and Proof written by J. S. Covington and published by . This book was released on 1993 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Proof

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Publisher : Harvard University Press
ISBN 13 : 0674276256
Total Pages : 321 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Proof by : Frederick Schauer

Download or read book The Proof written by Frederick Schauer and published by Harvard University Press. This book was released on 2022-05-31 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Scribes Book Award “Displays a level of intellectual honesty one rarely encounters these days...This is delightful stuff.” —Barton Swaim, Wall Street Journal “At a time when the concept of truth itself is in trouble, this lively and accessible account provides vivid and deep analysis of the practices addressing what is reliably true in law, science, history, and ordinary life. The Proof offers both timely and enduring insights.” —Martha Minow, former Dean of Harvard Law School “His essential argument is that in assessing evidence, we need, first of all, to recognize that evidence comes in degrees...and that probability, the likelihood that the evidence or testimony is accurate, matters.” —Steven Mintz, Inside Higher Education “I would make Proof one of a handful of books that all incoming law students should read...Essential and timely.” —Emily R. D. Murphy, Law and Society Review In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. To help us navigate this polarized world awash in misinformation, preeminent legal theorist Frederick Schauer proposes a much-needed corrective. How we know what we think we know is largely a matter of how we weigh the evidence. But evidence is no simple thing. Law, science, public and private decision making—all rely on different standards of evidence. From vaccine and food safety to claims of election-fraud, the reliability of experts and eyewitnesses to climate science, The Proof develops fresh insights into the challenge of reaching the truth. Schauer reveals how to reason more effectively in everyday life, shows why people often reason poorly, and makes the case that evidence is not just a matter of legal rules, it is the cornerstone of judgment.

Theory of Legal Evidence - Evidence in Legal Theory

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Author :
Publisher : Springer Nature
ISBN 13 : 3030838412
Total Pages : 274 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Theory of Legal Evidence - Evidence in Legal Theory by : Verena Klappstein

Download or read book Theory of Legal Evidence - Evidence in Legal Theory written by Verena Klappstein and published by Springer Nature. This book was released on 2022-01-03 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.

Methods of Argumentation

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Author :
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.