Argument Types And Fallacies In Legal Argumentation

Author : Thomas Bustamante,Christian Dahlman
Publisher : Springer
Page : 222 pages
File Size : 50,7 Mb
Release : 2015-04-07
Category : Law
ISBN : 9783319161488

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Argument Types and Fallacies in Legal Argumentation by Thomas Bustamante,Christian Dahlman Pdf

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.

Author : Douglas Walton
Publisher : Penn State Press
Page : 400 pages
File Size : 53,5 Mb
Release : 2010-11-01
Category : Law
ISBN : 0271048336

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Legal Argumentation and Evidence by Douglas Walton Pdf

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.

Author : Stephen M. Rice
Publisher : Aspen Publishing
Page : 290 pages
File Size : 54,7 Mb
Release : 2017-05-03
Category : Law
ISBN : 9781601566096

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The Force of Logic by Stephen M. Rice Pdf

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.

Author : F. H. van Eemeren
Publisher : Amsterdam University Press
Page : 244 pages
File Size : 43,7 Mb
Release : 2001
Category : Philosophy
ISBN : 905356523X

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Crucial Concepts in Argumentation Theory by F. H. van Eemeren Pdf

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.

Author : Wilson Ray Huhn
Publisher : Unknown
Page : 232 pages
File Size : 48,6 Mb
Release : 2002
Category : Judicial process
ISBN : STANFORD:36105063192855

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The Five Types of Legal Argument by Wilson Ray Huhn Pdf

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.

Author : Marko Novak
Publisher : Taylor & Francis
Page : 179 pages
File Size : 55,6 Mb
Release : 2024-02-26
Category : Law
ISBN : 9781003853190

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The Logic of Legal Argumentation by Marko Novak Pdf

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.

Author : Stephen M. Rice
Publisher : Aspen Publishing
Page : 429 pages
File Size : 55,9 Mb
Release : 2017-05-03
Category : Law
ISBN : 9781601566102

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Force of Logic by Stephen M. Rice Pdf

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.

Author : J.H. Woods
Publisher : Springer
Page : 0 pages
File Size : 49,5 Mb
Release : 2010-12-15
Category : Philosophy
ISBN : 9048167000

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The Death of Argument by J.H. Woods Pdf

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.

Author : Douglas Walton
Publisher : Routledge
Page : 328 pages
File Size : 40,7 Mb
Release : 2003-10-17
Category : Language Arts & Disciplines
ISBN : 9781135618964

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Relevance in Argumentation by Douglas Walton Pdf

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.

Author : Giorgio Bongiovanni,Gerald Postema,Antonino Rotolo,Giovanni Sartor,Chiara Valentini,Douglas Walton
Publisher : Springer
Page : 764 pages
File Size : 42,7 Mb
Release : 2018-07-02
Category : Philosophy
ISBN : 9789048194520

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Handbook of Legal Reasoning and Argumentation by Giorgio Bongiovanni,Gerald Postema,Antonino Rotolo,Giovanni Sartor,Chiara Valentini,Douglas Walton Pdf

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.

Author : Douglas Walton
Publisher : Penn State Press
Page : 306 pages
File Size : 51,5 Mb
Release : 2010-11-01
Category : Social Science
ISBN : 9780271042541

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Appeal to Popular Opinion by Douglas Walton Pdf

Author : Eveline T. Feteris
Publisher : Springer
Page : 361 pages
File Size : 47,9 Mb
Release : 2017-07-10
Category : Philosophy
ISBN : 9789402411294

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Fundamentals of Legal Argumentation by Eveline T. Feteris Pdf

This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date 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 major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.

Author : Douglas Walton
Publisher : Cambridge University Press
Page : 321 pages
File Size : 43,6 Mb
Release : 2013-08-26
Category : Computers
ISBN : 9781107039308

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Methods of Argumentation by Douglas Walton Pdf

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.

Author : Douglas Walton
Publisher : Penn State Press
Page : 298 pages
File Size : 44,9 Mb
Release : 2010-11-01
Category : Philosophy
ISBN : 9780271041940

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Appeal to Expert Opinion by Douglas Walton Pdf

Author : Douglas Walton
Publisher : University of Alabama Press
Page : 338 pages
File Size : 45,9 Mb
Release : 1998
Category : Language Arts & Disciplines
ISBN : 9780817355616

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Ad Hominem Arguments by Douglas Walton Pdf

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.