Presumptions And Burdens Of Proof

Author : Hans Vilhelm Hansen
Publisher : Rhetoric, Law, and the Humanit
Page : 316 pages
File Size : 52,5 Mb
Release : 2019
Category : Language Arts & Disciplines
ISBN : 9780817320171

Get Book

Presumptions and Burdens of Proof by Hans Vilhelm Hansen Pdf

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 : Douglas Walton
Publisher : Cambridge University Press
Page : 321 pages
File Size : 46,5 Mb
Release : 2014-06-30
Category : Computers
ISBN : 9781107046627

Get Book

Burden of Proof, Presumption and Argumentation by Douglas Walton Pdf

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.

Author : John Davison Lawson
Publisher : Fred B. Rothman
Page : 756 pages
File Size : 43,7 Mb
Release : 1886
Category : History
ISBN : UIUC:30112041893931

Get Book

The Law of Presumptive Evidence by John Davison Lawson Pdf

Endeavors to present the topic of Presumptive Evidence (and incidentally the Burden of Proof), as follows, viz: 1. A series of rules and sub-rules. 2. A series of illustrations under each rule. 3. A discussion or commentary upon the rule and upon the particular illustration, showing the reasons for the rules themselves, and the grounds upon which the courts have proceeded in giving particular applications to them.

Author : William Mawdesley Best
Publisher : Unknown
Page : 440 pages
File Size : 43,8 Mb
Release : 1844
Category : Evidence, Circumstantial
ISBN : BSB:BSB10563483

Get Book

A Treatise on Presumptions of Law and Fact by William Mawdesley Best Pdf

Author : John D. Lawson
Publisher : Forgotten Books
Page : 742 pages
File Size : 47,7 Mb
Release : 2015-06-24
Category : Law
ISBN : 1330154347

Get Book

The Law of Presumptive Evidence by John D. Lawson Pdf

Excerpt from The Law of Presumptive Evidence: Including Presumptions Both of Law and of Fact, and the Burden of Proof Both in Civil, and Criminal Cases; Reduced to Rules The present work, following the method pursued by me in my "Expert and Opinion Evidence," is an endeavor to present the topic of Presumptive Evidence (and incidentally the Burden of Proof), as follows, viz. : 1. A series of rules and sub-rules. 2. A series of illustrations under each rule. 3. A discussion or commentary upon the rule and upon the particular illustration, showing the reasons for the rules themselves, and the grounds upon which the courts have proceeded in giving particular applications to them. The rules are those principles which after an examination of all the cases on the particular subject, I have concluded are the lain. The illustrations are all taken from decided cases and arc, therefore, open to examination and verification by the student or practitioner. The commentary shows the reasoning of the courts in the particular illustrations, and points out the conflict of authorities wherever such conflict exists. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Author : John Davison Lawson
Publisher : Unknown
Page : 649 pages
File Size : 53,5 Mb
Release : 1880
Category : Presumptions (Law)
ISBN : OCLC:1081161889

Get Book

The Law of Presumptive Evidence, Including Presumptions Both of Law and of Fact, and the Burden of Proof Both in Civil and Criminal Cases, Reduced to Rules by John Davison Lawson Pdf

Author : John Davison Lawson
Publisher : Unknown
Page : 710 pages
File Size : 49,9 Mb
Release : 1899
Category : Presumptions (Law)
ISBN : LCCN:76001546

Get Book

The Law of Presumptive Evidence by John Davison Lawson Pdf

Author : John D. Lawson
Publisher : Forgotten Books
Page : 742 pages
File Size : 47,6 Mb
Release : 2017-11-23
Category : Law
ISBN : 0331735016

Get Book

The Law of Presumptive Evidence by John D. Lawson Pdf

Excerpt from The Law of Presumptive Evidence: Including Presumptions Both of Law and of Fact, and the Burden of Proof Both in Civil, and Criminal Cases; Reduced to Rules The present work, following the method pursued by me in my Expert and Opinion Evidence, is an endeavor to present the topic of Presumptive Evidence (and incidentally the Burden of Proof), as follows, viz. 1. A series of rules and sub-rules. 2. A series of illustrations under each rule. 3. A discussion or commentary upon the rule and upon the particular illustration, showing the reasons for the rules themselves, and the grounds upon which the courts have proceeded in giving particular applications to them. The rules are those principles which after an examination of all the cases on the particular subject, I have concluded are the law. The illustrations are all taken from decided cases and are, therefore, opeii to examination and verification by the student or practitioner. The commentary shows the rea soning of the courts in the particular illustrations, and points out the conflict of authorities wherever such conflict exists. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Author : Pamela-Jane Schwikkard
Publisher : Juta and Company Ltd
Page : 212 pages
File Size : 52,6 Mb
Release : 1999
Category : Law
ISBN : 0702151440

Get Book

Presumption of Innocence by Pamela-Jane Schwikkard Pdf

The presumption of innocence is widely accepted as a fundamental principle of criminal justice. This work is an attempt to secure consensus, and to present some constructive solutions to the various theoretical and practical problems which exist in respect of the presumption of innocence.

Author : Otis Harrison Fisk
Publisher : Unknown
Page : 92 pages
File Size : 54,9 Mb
Release : 1921
Category : Evidence (Law)
ISBN : UOM:35112104259009

Get Book

Presumptions in the Law by Otis Harrison Fisk Pdf

Author : John Davison 1852-1921 Lawson
Publisher : Unknown
Page : 752 pages
File Size : 52,8 Mb
Release : 2016-08-28
Category : History
ISBN : 137201831X

Get Book

LAW OF PRESUMPTIVE EVIDENCE IN by John Davison 1852-1921 Lawson Pdf

Author : Douglas Walton
Publisher : Cambridge University Press
Page : 0 pages
File Size : 44,7 Mb
Release : 2014-06-11
Category : Mathematics
ISBN : 1139950487

Get Book

Burden of Proof, Presumption and Argumentation by Douglas Walton Pdf

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 : Mojtaba Kazazi
Publisher : BRILL
Page : 430 pages
File Size : 50,8 Mb
Release : 2023-07-24
Category : Law
ISBN : 9789004638266

Get Book

Burden of Proof and Related Issues by Mojtaba Kazazi Pdf

This study on evidence before international tribunals, with an emphasis on the burden of proof, is one of the more important and interesting issues of evidence under both municipal and international law. The study is mainly based on documented cases and special attention is paid to the case law of the Iran-United States Claims Tribunal in the Hague. The study is divided into three parts. Part One presents the preliminary issues concerning the concept of the burden of proof and the burden of evidence, as well as the nature and scope of the burden of proof. Part Two discusses the main aspects of the burden of proof, identified by considering the fact that there are three main actors in each litigated case, viz. the claimant, the respondent and the judge or arbitrator. Different chapters are allocated to: the claimant's role in bearing the main task with respect to the burden of proof; general aspects of collaboration of parties in matters of evidence; and the authority and duties of international tribunals with respect to the burden of proof. Part Two ends with a chapter on the rules of the burden of proof and a discussion on whether or not there are any such rules that could be considered as principles of international law. Some related issues are discussed in Part Three. Among the items considered are presumptions and the effect that they may have on the burden of proof; practical aspects of the collaboration of parties; the issue of possible sanctions against non-production of evidence; and the question of the standard of proof to be applied in international proceedings and the discretion of international tribunals in that regard. The study ends with a concluding chapter. As noted by Professor Verhoeven in his foreword, the subtleties of evidence in international proceedings has not been systematically studied for a number of decades. The book will become a standard work of reference in the area. Audience: An invaluable tool for practitioners of international law and Government advisors as well as university professors and students of law. The long experience of the author as a judge in a civil law system, his intimate knowledge of the work of the Iran-United States Claims Tribunal in The Hague, and currently with the United Nations (Security Council) Compensation Commission for Claims against Iraq have made him eminently well equipped to address the subject competently, both from a theoretical and practical perspective.

Author : Mark Shain
Publisher : Unknown
Page : 592 pages
File Size : 54,7 Mb
Release : 1945
Category : Burden of proof
ISBN : STANFORD:36105044110463

Get Book

Res Ipsa Loquitur by Mark Shain Pdf

Author : Douglas Walton
Publisher : Cambridge University Press
Page : 0 pages
File Size : 44,7 Mb
Release : 2014-07-07
Category : Mathematics
ISBN : 110767882X

Get Book

Burden of Proof, Presumption and Argumentation by Douglas Walton Pdf

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.