Burden of Proof, Presumption and Argumentation

Author: Douglas Walton

Publisher: Cambridge University Press

ISBN: 1107046629

Category: Computers

Page: 318

View: 3890

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.

Analysis of Evidence

Author: Terence Anderson,David Schum,William Twining

Publisher: Cambridge University Press

ISBN: 9781139445269

Category: Law

Page: N.A

View: 8447

This extensively revised second edition is a rigorous introduction to the construction and criticism of arguments about questions of fact, and to the marshalling and evaluation of evidence at all stages of litigation. It covers the principles underlying the logic of proof; the uses and dangers of story-telling; standards for decision and the relationship between probabilities and proof; the chart method and other methods of analyzing and ordering evidence in fact-investigation, in preparing for trial, and in connection with other important decisions in legal processes and in criminal investigation and intelligence analysis. Most of the chapters in this new edition have been rewritten; the treatment of fact investigation, probabilities and narrative has been extended; and new examples and exercises have been added. Designed as a flexible tool for undergraduate and postgraduate courses on evidence and proof, students, practitioners and teachers alike will find this book challenging but rewarding.

Rethinking Evidence

Exploratory Essays

Author: William Twining

Publisher: Cambridge University Press

ISBN: 1139453211

Category: Law

Page: N.A

View: 6790

The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.

The Presumption of Innocence

Evidential and Human Rights Perspectives

Author: Andrew Stumer

Publisher: Bloomsbury Publishing

ISBN: 1847315879

Category: Law

Page: 258

View: 8068

The presumption of innocence is universally recognized as a fundamental human right and a core principle in the administration of criminal justice. Nonetheless, statutes creating criminal offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction. Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions. This book investigates the supposed justifications for limitation of the presumption of innocence. It does so through a comprehensive analysis of the history, rationale and scope of the presumption of innocence. It is argued that the values underlying the presumption of innocence are of such fundamental importance to individual liberty that they cannot be sacrificed on the altar of community interest. In particular, it is argued that a test of 'proportionality', which seeks to weigh individual rights against the community interest, is inappropriate in the context of the presumption of innocence and that courts ought instead to focus on whether an impugned measure threatens the values which the presumption is designed to protect. The book undertakes a complete and systematic review of the United Kingdom and Strasbourg authority on the presumption of innocence. It also draws upon extensive references to comparative material, both judicial and academic, from the United States, Canada and South Africa.

Evidence Matters

Science, Proof, and Truth in the Law

Author: Susan Haack

Publisher: Cambridge University Press

ISBN: 1107039967

Category: Law

Page: 446

View: 6352

Susan Haack brings her distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues.

Argumentation Schemes

Author: Douglas Walton,Christopher Reed,Fabrizio Macagno

Publisher: Cambridge University Press

ISBN: 1316583139

Category: Mathematics

Page: N.A

View: 4312

This book provides a systematic analysis of many common argumentation schemes and a compendium of 96 schemes. The study of these schemes, or forms of argument that capture stereotypical patterns of human reasoning, is at the core of argumentation research. Surveying all aspects of argumentation schemes from the ground up, the book takes the reader from the elementary exposition in the first chapter to the latest state of the art in the research efforts to formalize and classify the schemes, outlined in the last chapter. It provides a systematic and comprehensive account, with notation suitable for computational applications that increasingly make use of argumentation schemes.

Methods of Argumentation

Author: Douglas Walton

Publisher: Cambridge University Press

ISBN: 1107039304

Category: Computers

Page: 308

View: 2687

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.

Witness Testimony Evidence

Argumentation and the Law

Author: Douglas Walton

Publisher: Cambridge University Press

ISBN: 1139468804

Category: Philosophy

Page: N.A

View: 9924

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.

Burdens of Proof in Modern Discourse

Author: Richard H. Gaskins

Publisher: Yale University Press

ISBN: 9780300063066

Category: Law

Page: 362

View: 9366

This study aims to provide a systematic treatment of arguments-from-ignorance across a wide range of modern discourse - from constitutional law, scientific inquiry and moral philosophy to organizational behaviour, computer operation and personal interaction.

The Evidential Foundations of Probabilistic Reasoning

Author: David A. Schum

Publisher: Northwestern University Press

ISBN: 9780810118218

Category: Law

Page: 545

View: 5331

In this work Schum develops a general theory of evidence as it is understood and applied across a broad range of disciplines and practical undertakings. He include insights from law, philosophy, logic, probability, semiotics, artificial intelligence, psychology and history.

Anyone Who Has a View

Theoretical Contributions to the Study of Argumentation

Author: F.H. van Eemeren,J. Anthony Blair,Charles A. Willard,Francisca A. Snoeck Henkemans

Publisher: Springer Science & Business Media

ISBN: 9781402014550

Category: Philosophy

Page: 347

View: 6108

This volume contains a selection of papers from the International Conference on Argumentation (Amsterdam, 2002) by prominent international scholars of argumentation theory. It provides an insightful cross-section of the current state of affairs in argumentation research. It will be of interest to all those working in the field of argumentation theory and to all scholars who are interested in recent developments in this field.

Human Rights and Criminal Procedure

The Case Law of the European Court of Human Rights

Author: Jeremy McBride

Publisher: Council of Europe

ISBN: 9789287166890

Category: Law

Page: 398

View: 9713

This handbook is intended to assist judges, lawyers and prosecutors to take account of the many requirements of the European Convention on Human Rights - both explicit and implicit - for the criminal process when interpreting and applying Codes of Criminal Procedure and comparable or related legislation. It does so through extracts from key rulings of the European Court of Human Rights and the former European Commission of Human Rights dealing with complaints about violations of Convention rights and freedoms in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process. The extracts are significant not only because the mere text of the Convention is insufficient to indicate the scope of what is entailed by it but also because the circumstances of the cases selected give a sense of how to apply the requirements in concrete situations.

Elements of Rhetoric

Comprising the Substance of the Article in the Encyclopaedia Metropolitana with Additions, &c

Author: Richard Whately

Publisher: N.A


Category: English language

Page: 391

View: 4534


Restoring the Lost Constitution

The Presumption of Liberty

Author: Randy E. Barnett

Publisher: Princeton University Press

ISBN: 140084813X

Category: Law

Page: 448

View: 9960

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Texas Courtroom Evidence

Author: Phillip D. Hardberger

Publisher: LexisNexis

ISBN: 0327169001

Category: Law

Page: 1056

View: 5989

Successful Texas lawyers turn to Texas Courtroom Evidence for answers to evidence questions. It provides comprehensive coverage of Texas Evidence Law, including the latest decisions addressing specific areas of interest such as the following: • Binding admissions made by attorney during oral argument • Admissibility of DPS accident reports • Testimony of expert witnesses • Admissibility of statements to insurance companies • Requirements of admissibility of similar accidents • Authentication of "enhanced" audio tape • Judicial notice of another state's laws versus choice of law questions

Fallacies and Judgments of Reasonableness

Empirical Research Concerning the Pragma-Dialectical Discussion Rules

Author: Frans H. van Eemeren,Bart Garssen,Bert Meuffels

Publisher: Springer Science & Business Media

ISBN: 9789048126149

Category: Philosophy

Page: 231

View: 1991

In Fallacies and Judgments of Reasonableness, Frans H. van Eemeren, Bart Garssen and Bert Meuffels report on their systematic empirical research of the conventional validity of the pragma-dialectical discussion rules. The experimental studies they carried out during more than ten years start from the pragma-dialectical theory of argumentation developed at the University of Amsterdam, their home university. In these studies they test methodically the intersubjective acceptability of the rules for critical discussion proposed in this theory by confronting ordinary arguers who have not received any special education in argumentation and fallacies with discussion fragments containing both fallacious and non-fallacious argumentative moves. The research covers a wide range of informal fallacies. In this way, the authors create a basis for comparing the theoretical reasonableness conception of pragma-dialectics with the norms for judging argumentative moves prevailing in argumentative practice. Fallacies and Judgments of Reasonableness provides a unique insight into the relationship between theoretical and practical conceptions of reasonableness, supported by extensive empirical material gained by means of sophisticated experimental research.

Abductive Reasoning

Author: Douglas Walton

Publisher: University of Alabama Press

ISBN: 0817357823

Category: Language Arts & Disciplines

Page: 303

View: 8930

A study of the role of abductive inference in everyday argumentation and legal evidence.

God and Other Minds

A Study of the Rational Justification of Belief in God

Author: Alvin Plantinga

Publisher: Cornell University Press

ISBN: 9780801497353

Category: Religion

Page: 277

View: 591


The Indigo Book

Author: Christopher Jon Sprigman

Publisher: Lulu.com

ISBN: 1892628023

Category: Citation of legal authorities

Page: 201

View: 4276

This public domain book is an open and compatible implementation of the Uniform System of Citation.