Presumptions and Burdens of Proof
Title | Presumptions and Burdens of Proof PDF eBook |
Author | Hans Vilhelm Hansen |
Publisher | Rhetoric, Law, and the Humanit |
Pages | 316 |
Release | 2019 |
Genre | Language Arts & Disciplines |
ISBN | 0817320172 |
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.
Burden of Proof, Presumption and Argumentation
Title | Burden of Proof, Presumption and Argumentation PDF eBook |
Author | Douglas Walton |
Publisher | Cambridge University Press |
Pages | 321 |
Release | 2014-06-30 |
Genre | Computers |
ISBN | 1107046629 |
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.
A Treatise on Presumptions of Law and Fact
Title | A Treatise on Presumptions of Law and Fact PDF eBook |
Author | William Mawdesley Best |
Publisher | |
Pages | 440 |
Release | 1844 |
Genre | Evidence, Circumstantial |
ISBN |
LAW OF PRESUMPTIVE EVIDENCE IN
Title | LAW OF PRESUMPTIVE EVIDENCE IN PDF eBook |
Author | John Davison 1852-1921 Lawson |
Publisher | |
Pages | 752 |
Release | 2016-08-28 |
Genre | History |
ISBN | 9781372018312 |
Presumptions and Burdens of Proof
Title | Presumptions and Burdens of Proof PDF eBook |
Author | Henry Prakken |
Publisher | |
Pages | |
Release | 2006 |
Genre | |
ISBN |
Presumptions in the Law
Title | Presumptions in the Law PDF eBook |
Author | Otis Harrison Fisk |
Publisher | |
Pages | 92 |
Release | 1921 |
Genre | Evidence (Law) |
ISBN |
Proving Discriminatory Violence at the European Court of Human Rights
Title | Proving Discriminatory Violence at the European Court of Human Rights PDF eBook |
Author | Jasmina Mačkić |
Publisher | BRILL |
Pages | 325 |
Release | 2018-07-10 |
Genre | Law |
ISBN | 9004359850 |
In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.