Download or read book Presumption and the Practices of Tentative Cognition written by Nicholas Rescher and published by Cambridge University Press. This book was released on 2006-06-19 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presumption is a remarkably versatile and pervasively useful resource. Firmly grounded in the law of evidence from its origins in classical antiquity, it made its way in the days of medieval scholasticism into the theory and practice of disputation and debate. Subsequently, it extended its reach to play an increasingly significant role in the philosophical theory of knowledge. It has thus come to represent a region where lawyers, debaters, and philosophers can all find some common around. In Presumption and the Practices of Tentative Cognition, Nicholas Rescher endeavors to show that the process of presumption plays a role of virtually indispensable utility in matters of rational inquiry and communication. The origins of presumption may lie in law, but its importance is reinforced by its service to the theory of information management and philosophy.

Download or read book Secondary Rules of Primary Importance in International Law written by Gábor Kajtár and published by Oxford University Press. This book was released on 2023-02-28 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical scrutiny and systemic analysis of the developments in the judicial treatment of secondary rules. This publication makes three important contributions to the study of secondary rules. First, it offers a comprehensive, expert doctrinal analysis of how standard of review, causation, evidentiary rules, and attribution operate in the case law of international courts or tribunals in fields spanning human rights, trade, investment, and humanitarian law. Second, it comparatively evaluates the divergent layers of meanings and normative expectations attached to secondary rules in international law scholarship as well as in the judicial practice of international courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in international law and for the legitimacy of the decisions of international courts and tribunals. Earlier scholarly works have not problematized the role of secondary rules of international law in adjudication thoroughly. Secondary Rules of Primary Importance in International Law seeks to fill this gap by emphasizing the consequential nature of these secondary rules and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators. As such, the book offers an important resource for the study and practice of international law against the backdrop of the wide-ranging and fragmented nature of international adjudication.

Download or read book Legal Fictions in Theory and Practice written by Maksymilian Del Mar and published by Springer. This book was released on 2015-03-11 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions. Its focus is on fictions in legal practice, examining and evaluating their roles in a variety of different areas of practice (e.g. in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection approaches the topic in part through the discussion of certain key classical statements by theorists including Jeremy Bentham, Alf Ross, Hans Vaihinger, Hans Kelsen and Lon Fuller. The collection opens with the first-ever translation into English of Kelsen’s review of Vaihinger’s As If. The 17 chapters are divided into four parts: 1) a discussion of the principal theories of fictions, as above, with a focus on Kelsen, Bentham, Fuller and classical pragmatism; 2) a discussion of the relationship between fictions and language; 3) a theoretical and historical examination and evaluation of fictions in the common law; and 4) an account of fictions in different practice areas and in different legal cultures. The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.

Download or read book Presumptions and Burdens of Proof written by Hans Vilhelm Hansen and published by University Alabama Press. This book was released on 2019-05-28 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 Argumentation and Language Linguistic Cognitive and Discursive Explorations written by Steve Oswald and published by Springer. This book was released on 2018-03-08 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on the role language plays at all levels of the argumentation process. It explores the effects that specific linguistic choices may have in the production and the reception of arguments and in doing so, it moves beyond the first, necessary, descriptive stance provided by current literature on the topic. Each chapter provides an original take illuminating one or more of the following three issues: the range of linguistic resources language users draw on as they argue; how cognitive processes of meaning construction may influence argumentative practices; and which discursive devices can be used to fulfil a number of argumentative goals. The volume includes theoretical and empirical or applied stances, providing the reader both with state-of-the-art reflections on the relationship between argumentation and language, and with concrete examples of how this relationship plays out in naturally occurring argumentative practices, such as classroom interaction, and political, parliamentary or journalistic discourse. This is a very original, timely and welcome contribution to the study of argumentation conducted with the tools of the language sciences. The collection of papers relevantly tackles key linguistic, discursive and cognitive aspects of argumentative practices whose treatment is underrepresented in mainstream argumentation studies by offering new and exciting linguistically-grounded theoretical accounts. As such, the volume testifies both to the vigour of the linguistic current within the discipline and to the high standards of scholarly commitment and quality that the younger generation is pushing forward. Without question, this book marks an important milestone in the relationships between linguistics and argumentation theory. Christian Plantin, Professor Emeritus

Download or read book In Pursuit of Pluralist Jurisprudence written by Nicole Roughan and published by Cambridge University Press. This book was released on 2017-09-14 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders such as international, customary, transnational or indigenous law are particularly significant in this development. Collecting together new work by leading scholars in the field, this volume considers the basic questions about what would be an appropriate theoretical response to this shift: how precisely is it to be undertaken? Is it called for by developments in legal practice or are these adequately addressed by current legal theory? What normative challenges are raised, and what fresh promises might the pluralist turn hold? What distinctive insights can it offer for theorising about law? This book presents a rich variety of resources drawn from a number of theoretical approaches and demonstrates how they might be brought together to generate an increasingly important pluralist jurisprudence.

Download or read book Taming the Presumption of Innocence written by Richard L. Lippke and published by Oxford University Press. This book was released on 2016-02-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.

Download or read book Burden of Proof Presumption and Argumentation written by Douglas Walton and published by Cambridge University Press. This book was released on 2014-06-30 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Nigerian Law of Evidence written by Imam, Ibrahim and published by Malthouse Press. This book was released on 2017-08-09 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, The Nigerian Law of Evidence, is inspired by the author’s lecture notes on the subject at School of Law, Department of Common Law, Kwara State College of Arabic and Islamic Legal Studies, where he taught for nearly a decade before moving on to the Department of Public Law, University of Ilorin, Ilorin, Nigeria, since 2001. In addition to being a basic text, current and most recently decided cases relating to the subject are cited and particularly the innovation introduced into the amended Act 2011 Cap E14 Laws of Federal Republic of Nigeria. A highly recommended book for law students, law teachers, legal practitioners, judges and magistrates.

Download or read book Evidence Standards in EU Competition Enforcement written by Andriani Kalintiri and published by Bloomsbury Publishing. This book was released on 2019-02-07 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: What rules or principles govern the assessment of evidence in EU competition enforcement? This book offers, for the first time, a comprehensive academic study on the topic. Its aim is twofold. Firstly, it produces a typology of evidence standards in competition proceedings at the EU level, thereby systemising the guidance that is currently dispersed in the case-law of the EU Courts. Secondly, it examines the applicable evidence rules and principles with a view to better understanding their role in EU competition enforcement. In so doing, the book illustrates that evidence standards are not mere technicalities and their significance should not be underestimated. Rigorous and engaging, this work provides a much-needed analysis of a key question of EU competition enforcement.

Download or read book Euthanasia and Assisted Suicide written by Michael J. Cholbi and published by Bloomsbury Publishing USA. This book was released on 2017-01-26 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses key historical, scientific, legal, and philosophical issues surrounding euthanasia and assisted suicide in the United States as well as in other countries and cultures. Euthanasia was practiced by Greek physicians as early as 500 BC. In the 20th century, legal and ethical controversies surrounding assisted dying exploded. Many religions and medical organizations led the way in opposition, citing the incompatibility of assisted dying with various religious traditions and with the obligations of medical personnel toward their patients. Today, these practices remain highly controversial both in the United States and around the world. Comprising contributions from an international group of experts, this book thoroughly investigates euthanasia and assisted suicide from an interdisciplinary and global perspective. It presents the ethical arguments for and against assisted dying; highlights how assisted dying is perceived in various cultural and philosophical traditions—for example, South and East Asian cultures, Latin American perspectives, and religions including Islam and Christianity; and considers how assisted dying has both shaped and been shaped by the emergence of professionalized bioethics. Readers will also learn about the most controversial issues related to assisted dying, such as pediatric euthanasia, assisted dying for organ transplantation, and "suicide tourism," and examine concerns relating to assisted dying for racial minorities, children, and the disabled.

Download or read book Pragmemes and Theories of Language Use written by Keith Allan and published by Springer. This book was released on 2017-01-10 with total page 914 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers recent developments in pragmatics and adjacent territories of investigation, including important new concepts such as the pragmatic act and the pragmeme, and combines developments in neighboring disciplines in an integrative holistic pragmatic approach. The young science of pragmatics has, from its inception, differentiated itself from neighboring fields in the humanities, especially the disciplines dealing with language and those focusing on the social and anthropological aspects of human behavior, by focusing on the language user in his or her societal environment.This collection of papers continues that emphasis on language use, and pragmatic acts in their context. The editors and contributors share a perspective that essentially considers language as a system for communication and wants to look at language from a societal perspective, and accept the view that acts of interpretation are essentially embedded in culture. In an interdisciplinary approach, some authors explore connections with social theory, in particular sociology or socio-linguistics, some offer a political stance (critical discourse analysis), others explore connections with philosophy and philosophy of language, and several papers address problems in theoretical pragmatics.

Download or read book Defeasibility in Philosophy written by Claudia Blöser and published by Rodopi. This book was released on 2013-12-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defeasibility, most generally speaking, means that given some set of conditions A, something else B will hold, unless or until defeating conditions C apply. While the term was introduced into philosophy by legal philosopher H.L.A. Hart in 1949, today, the concept of defeasibility is employed in many different areas of philosophy. This volume for the first time brings together contributions on defeasibility from epistemology (Mikael Janvid, Klemens Kappel, Hannes Ole Matthiessen, Marcus Willaschek, Michael Williams), legal philosophy (Frederick Schauer) and ethics and the philosophy of action (Claudia Blöser, R. Jay Wallace, Michael Quante and Katarzyna Paprzycka). The volume ends with an extensive bibliography (by Michael de Araujo Kurth).

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.

Download or read book Rethinking the BSE Crisis written by Louise Cummings and published by Springer Science & Business Media. This book was released on 2010-08-09 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1986, the emergence of a novel brain disease in British cattle presented a unique challenge to scientists. How that challenge was addressed has been the subject of a public inquiry and numerous academic studies conducted to date. However, none of these investigations has sought to examine the reasoning of scientists during this critical period in the public health of the UK. Using concepts and techniques in informal logic, argumentation and fallacy theory, this study reconstructs and evaluates the reasoning of scientists in the ten-year period between 1986 and 1996. Specifically, a form of presumptive reasoning is described in which extensive use is made of arguments traditionally identified as informal fallacies. In the context of the adverse epistemic conditions that confronted scientists during the BSE epidemic, these arguments were anything but fallacious, serving instead to confer a number of epistemic gains upon scientific inquiry. This book argues for a closer integration of philosophy with public health science, an integration that is exemplified by the case of scientific reasoning during the BSE affair. It will therefore be of interest to advanced students, academics, researchers and professionals in the areas of public health science and epidemiology, as well as philosophical disciplines such as informal logic, argumentation and fallacy theory and epistemology.

Download or read book Common Ground in First Language and Intercultural Interaction written by Istvan Kecskes and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-03-06 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the traditional approach to common ground as a body of information shared between participants of a communicative process has been challenged. Taking into account not only L1 but also intercultural interactions and attempting to bring together the traditional view with the egocentrism-based view of cognitive psychologists, it has been argued that construction of common ground is a dynamic, emergent process. It is the convergence of the mental representation of shared knowledge that we activate, assumed mutual knowledge that we seek, and rapport as well as knowledge that we co-construct in the communicative process. This dynamic understanding of common ground has been applied in many research projects addressing both L1 and intercultural interactions in recent years. As a result several new elements, aspects and interpretations of common ground have been identified. Some researchers came to view common ground as one component in a complex contextual information structure. Others, analyzing intercultural interactions, pointed out the dynamism of the interplay of core common ground and emergent common ground. The book brings together researchers from different angles of pragmatics and communication to examine (i) what adjustments to the notion of common ground based on L1 communication should be made in the light of research in intercultural communication; (ii) what the relationship is between context, situation and common ground, and (iii) how relevant knowledge and content get selected for inclusion into core and emergent common ground.

Download or read book The Crime of Aggression written by Claus Kreß and published by Cambridge University Press. This book was released on 2016-10-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.