Download or read book An argument or debate in law written by John March and published by . This book was released on 1642 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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]
Download or read book Decision by Debate written by Douglas Ehninger and published by IDEA. This book was released on 2008 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Decision by Debate broke new ground in argumentation and debate with its publication in 1963. Ehninger and Brockriede were the first to recognize debate as fundamentally a co-operative enterprise, with the competitive clash of ideas occurring within a framework in which everyone has the opportunity to speak, in which everyone agrees to suspend judgment until all arguments are presented, in which everyone agrees to abide by the decision of the adjudicator. The most lasting legacy of the work is its break with formal, deductive logic and its introduction of Stephen Toulmin's model of argument to undergraduate student debaters, which, since then, has become a mainstay of what many have called the Renaissance of argumentation studies. Without the work presented in Decision by Debate, contemporary interdisciplinary views of argumentation that now dominate many disciplines might have never have taken place or at least have been severely delayed.
Download or read book Argument Or Debate in Law written by John Marsh and published by . This book was released on 1642 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Why Law Matters written by Alon Harel and published by Oxford University Press (UK). This book was released on 2014-04 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.
Download or read book Why We Argue And How We Should written by Scott F. Aikin and published by Routledge. This book was released on 2013-11-12 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why We Argue (And How We Should): A Guide to Political Disagreement presents an accessible and engaging introduction to the theory of argument, with special emphasis on the way argument works in public political debate. The authors develop a view according to which proper argument is necessary for one’s individual cognitive health; this insight is then expanded to the collective health of one’s society. Proper argumentation, then, is seen to play a central role in a well-functioning democracy. Written in a lively style and filled with examples drawn from the real world of contemporary politics, and questions following each chapter to encourage discussion, Why We Argue (And How We Should): A Guide to Political Disagreement reads like a guide for the participation in, and maintenance of, modern democracy. An excellent student resource for courses in critical thinking, political philosophy, and related fields, Why We Argue (And How We Should): A Guide to Political Disagreement is an important contribution to reasoned debate.
Download or read book The Tools of Argument written by Joel P. Trachtman and published by Createspace Independent Publishing Platform. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joel Trachtman's book presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law. If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself.
Download or read book Legal Reason written by Lloyd L. Weinreb and published by Cambridge University Press. This book was released on 2016-10-05 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the pervasive use of analogies in the reasoning of lawyers and judges is explained in clear, simple, untechnical prose.
Download or read book How to Argue Win Every Time written by Gerry Spence and published by Macmillan. This book was released on 1996-04-15 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A noted attorney gives detailed instructions on winning arguments, emphasizing such points as learning to speak with the body, avoiding being blinding by brilliance, and recognizing the power of words as a weapon.
Download or read book Why We Argue And How We Should written by Scott F. Aikin and published by Routledge. This book was released on 2018-09-03 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why We Argue (And How We Should): A Guide to Political Disagreement in an Age of Unreason presents an accessible and engaging introduction to the theory of argument, with special emphasis on the way argument works in public political debate. The authors develop a view according to which proper argument is necessary for one’s individual cognitive health; this insight is then expanded to the collective health of one’s society. Proper argumentation, then, is seen to play a central role in a well-functioning democracy. Written in a lively style and filled with examples drawn from the real world of contemporary politics, and questions following each chapter to encourage discussion, Why We Argue (And How We Should) reads like a guide for the participation in, and maintenance of, modern democracy. An excellent student resource for courses in critical thinking, political philosophy, and related fields, Why We Argue (And How We Should) is an important contribution to reasoned debate. What’s New in the Second Edition: Updated examples throughout the book, including examples from the 2016 U.S. election and first years of the Trump presidency; Expanded coverage of dialectical fallacies, including coverage of new types of fallacies and of sites where such fallacies thrive (e.g., cable news, social media); Revised For Further Thought questions and definitions of Key Terms, included at the end of each chapter; The addition of five new chapters: Deep Disagreement Argument by Analogy Argument between the Ads The Owl of Minerva (or weaponizing metalanguage) Argumentative Responsibility and Repair.
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.
Download or read book Law and Logic written by Joseph Horovitz and published by . This book was released on 1972-10-13 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Notion of an Ideal Audience in Legal Argument written by George Christie and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the dedication ofthis book suggests, the genesis ofthis book arises from my association with Cha'im Perelman. Because I was one of the few Americans to comment on his TraUe de l' argumentation: la nouvelle rhetorique, before it was translated into English, I was invited to a conference celebrating the translation ofthat monumental work into English that was held in August 1970 in Santa Barbara, Califomia at the Center for the Study ofDemocratic Institutions, which was then under the directorship of the late Robert M. Hutchins. From that beginning, Professor Perelman and I developed a strong and warm friendship which was cemented when Professor Perelman and his wife, Fela, came to North Carolina in 1979 as a fellow at the National Humanities Center. I enjoyed the occasions on which I was able to participate in the activities of the Centre National de Recherehes de Logique which had been established, under Professor Perelman's aegis, in Belgium. A trip to Brussels was always something to which I looked forward. Since Professor Perelman's sudden and untimely death in January 1984, shortly after he had been singularly honored by being made a baron by King Baudouin, I have benefited greatly from my participation in the programs of the Perelman Foundation which was established through the generosity and efforts ofBaronne Fela Perelman; a remarkable woman in her own right who has now sadly also passed away.
Download or read book The Art of Debate written by Raymond Macdonald Alden and published by . This book was released on 1906 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book How to Argue written by Jonathan Herring and published by Pearson Education. This book was released on 2012 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ability to persuade, influence and convince is a vital skill for success in work and life. However, most of us have little idea how to argue well. Indeed, arguing is still seen by many as something to be avoided at all costs, and mostly it's done poorly, or not at all. Yet it's possibly the most powerful and yet most neglected asset you could have. Discover the art of arguing powerfully, persuasively and positively and you'll have a head start every time you want to: Get your point across effectively Persuade other people to your way of thinking Keep your cool in a heated situation Win people over Get what you want Tackle a difficult person or topic Be convincing and articulate Have great confidence when you speak In How to Argue, leading lawyer Jonathan Herring reveals the secrets and subtleties of making your case and winning hearts and minds. At home or at work, you'll be well equipped to make everything you say have the desired effect, every time.
Download or read book Arguments and Arguing written by Thomas A. Hollihan and published by Waveland Press. This book was released on 2004-11-08 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary focus of the updated, second edition has not changedit embraces the narrative or storytelling approach to the study of argumentation. The first section introduces readers to rhetorical theorists and their principles. These significant contributions to the field of argumentation and debate include Aristotles views on audiences and the ethical character of an advocate, Burkes dramatistic theory of communication, Brockriedes metaphorical image of arguers, Fishers narrative paradigm, Mills guidelines for testing the causal correlation, Perelman and Obrechts-Tytecas conception of a universal audience, Rokeachs definition of values, and Toulmins model for developing and analyzing argument claims and his conception of arguments as field dependent. Hollihan and Baaskes discussions of these ideas and their applications are easy to follow, unencumbered by technical jargon, and illustrated with engaging examples drawn from current and well-known historical events. The key to the success of this text is the authors ability to show readers how foundational principles of argumentation are used in a variety of real-world situations. The second section covers specialized contexts such as academic debates, courts of law, politics, business and organizations, and interpersonal relationships. Activities that stimulate critical thinking and the implementation of the ideas discussed are provided at the end of each chapter.
Download or read book Thinking Like a Lawyer written by Frederick Schauer and published by Harvard University Press. This book was released on 2012-04-02 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.
