The recent debate on pragmatics and the law has found ways to circumvent an important distinction, originally drawn by Dascal and Wróblewski, between the historical law-maker, the current law-maker, and the ideal/rational law-maker.1 By insisting on the relationship between the rational law-maker and contextualism and textualism, I want to redress this fault in current discussions. In this paper, I start with general considerations on pragmatics, intentionality in ordinary conversation, and intentionality in the context of judiciary proceedings and legal texts. I (...) then move on to considerations on rationality as a prerequisite for understanding the law and on the rational law-maker, an ideal construct proposed by Dascal and Wróblewski. I argue that contextualism is the best way to carry out the program by Dascal and Wróblewski on interpretation and the rational law-maker ;. I argue that bearing in mind the rational law-maker postulated by Dascal and Wróblewski is a guidance to interpretation of statutes whose texts create interpretative difficulties. I conclude by saying that the considerations on the rational law-maker constitute a compromise between Scalia’s textualism and contextualism. (shrink)

In this article, we describe the notion of dialogue move intended as the minimal unit for the analysis of dialogues. We propose an approach to discourse analysis based on the pragmatic idea that the joint dialogical intentions are also co-constructed through the individual moves and the higher-order communicative intentions that the interlocutors pursue. In this view, our goal is to bring to light the pragmatic structure of a dialogue as a complex net of dialogical goals, which represent the communicative purposes (...) that the interlocutors intend to achieve through their utterances. Dialogue moves are shown to represent the necessary interpretive link between the general description of the dialogical context or type and the syntactical analysis of the sentences expressed by the individual utterances. In the concluding part of this article, we show how this method can be used and further developed for analyzing various types of real-life dialogues, outlining possible uses and lines of empirical research based thereon. (shrink)

This book discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. It shows how and why lawyers arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and universality of legal reasoning, looking at arguments of consequentialism and principle, and concludes by questioning the infallibility of judges as lawmakers.

This monograph poses a series of key problems of evidential reasoning and argumentation. It then offers solutions achieved by applying recently developed computational models of argumentation made available in artificial intelligence. Each problem is posed in such a way that the solution is easily understood. The book progresses from confronting these problems and offering solutions to them, building a useful general method for evaluating arguments along the way. It provides a hands-on survey explaining to the reader how to use current (...) argumentation methods and concepts that are increasingly being implemented in more precise ways for the application of software tools in computational argumentation systems. It shows how the use of these tools and methods requires a new approach to the concepts of knowledge and explanation suitable for diverse settings, such as issues of public safety and health, debate, legal argumentation, forensic evidence, science education, and the use of expert opinion evidence in personal and public deliberations. (shrink)

Pragmatics is one of the rapidly growing fields in contemporary linguistics. Huang provides an accessible and comprehensive introduction to the central topics in pragmatics - implicature, presupposition, speech acts, and deixis.

Those aspects of language use that are crucial to an understanding of language as a system, and especially to an understanding of meaning, are the acknowledged concern of linguistic pragmatics. Yet until now much of the work in this field has not been easily accessible to the student, and was often written at an intimidating level of technicality. In this textbook, however, Dr Levinson has provided a lucid and integrative analysis of the central topics in pragmatics - deixis, implicature, presupposition, (...) speech acts, and conversational structure. A central concern of the book is the relation between pragmatics and semantics, and Dr Levinson shows clearly how a pragmatic approach can resolve some of the problems semantics have been confronting and simplifying semantic analyses. The complexity of these issues is not disguised, but the exposition is always clear and supported by helpful exemplification. The detailed analyses of selected topics give the student a clear view of the empirical rigour demanded by the study of linguistic pragmatics, but Dr Levinson never loses sight of the rich diversity of the subject. An introduction and conclusion relate pragmatics to other fields in linguistics and other disciplines concerned with language usage - psychology, philosophy, anthropology and literature. Many students in these disciplines, as well as students of linguistics, will find this a valuable textbook. (shrink)

In this paper we analyze the uses and misuses of argumentation schemes from verbal classification, and show how argument from definition supports argumentation based on argument from verbal classification. The inquiry has inevitably included the broader study of the concept of definition. The paper presents the schemes for argument from classification and for argument from definition, and shows how the latter type of argument so typically supports the former. The problem of analyzing arguments based on classification is framed in a (...) structure that reveals the crucial role it plays in the persuasion process. The survey of the literature includes the work of Hastings, Perelman, Kienpointner and Schiappa, but still finds much of value in Aristotle. Lessons drawn from Aristotle’s Topics are shown to be useful for developing new tools for assessing definitions and arguments from definition. (shrink)

This paper uses argument diagrams, argumentation schemes, and some tools from formal argumentation systems developed in artificial intelligence to build a graph-theoretic model of relevance shown to be applicable as a practical method for helping a third party judge issues of relevance or irrelevance of an argument in real examples. Examples used to illustrate how the method works are drawn from disputes about relevance in natural language discourse, including a criminal trial and a parliamentary debate.

This paper argues that some traditional fallacies should be considered as reasonable arguments when used as part of a properly conducted dialog. It is shown that argumentation schemes, formal dialog models, and profiles of dialog are useful tools for studying properties of defeasible reasoning and fallacies. It is explained how defeasible reasoning of the most common sort can deteriorate into fallacious argumentation in some instances. Conditions are formulated that can be used as normative tools to judge whether a given defeasible (...) argument is fallacious or not. It is shown that three leading violations of proper dialog standards for defeasible reasoning necessary to see how fallacies work are: (a) improper failure to retract a commitment, (b) failure of openness to defeat, and (c) illicit reversal of burden of proof. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. (shrink)

In this paper I will tackle three issues. First, I aim to briefly outline the backbone of semantic minimalism, while focusing on the idea of ‘liberal truth conditions’ developed by Emma Borg in her book ‘Minimal Semantics’. Secondly, I will provide an account of the three principal views in legal interpretation: intentionalism, textualism and purposivism. All of them are based on a common denominator labelled by lawyers ‘literal meaning’. In the paper I suggest a novel way of viewing this common (...) denominator as almost identical to the Borgian ‘liberal truth conditions’, at least at a conceptual level. In the third section I will focus on the conceptual similarities between the two ideas. I intend to depict that, although legal theorists do not admit it explicitly, they treat literal legal meaning as minimal propositional content that can be ascribed liberal truth conditions. There are two main objections to liberal truth conditions: their under-determinacy and unintuitive character. Both objections can be applied to ‘literal meaning’. However, the idea of liberal truth conditions gives an adequate account of what lawyers call literal meaning and is helpful in explaining the mechanism of understanding of provisions and reasons leading to the necessity of statutory interpretation. (shrink)

John Searle's Speech Acts made a highly original contribution to work in the philosophy of language. Expression and Meaning is a direct successor, concerned to develop and refine the account presented in Searle's earlier work, and to extend its application to other modes of discourse such as metaphor, fiction, reference, and indirect speech arts. Searle also presents a rational taxonomy of types of speech acts and explores the relation between the meanings of sentences and the contexts of their utterance. The (...) book points forward to a larger theme implicit in these problems - the basis certain features of speech have in the intentionality of mind, and even more generally, the relation of the philosophy of language to the philosophy of mind. (shrink)

[First Paragraph] Unlike so many other distinctions in philosophy, H P Grice's distinction between what is said and what is implicated has an immediate appeal: undergraduate students readily grasp that one who says 'someone shot my parents' has merely implicated rather than said that he was not the shooter [2]. It seems to capture things that we all really pay attention to in everyday conversation'this is why there are so many people whose entire sense of humour consists of deliberately ignoring (...) implicatures. ('Can you pass the salt?' 'Yes.') Unsurprisingly, it was quickly picked up and put to a wide variety of uses in not only in philosophy but also in linguistics and psychology. What is surprising, however, is that upon close inspection Grice's conception of implicature turns out to be very different from those at work in the literature which has grown out of his original discussion. This would not be much of a criticism of this literature were it not for the fact that discussions of implicature explicitly claim to be using Grice's notion, not some other one inspired by him (generally going so far as to quote one of Grice's characterisations of implicature). This still would not be terribly interesting if the notion Grice was actually carving out had little theoretical or practical utility. But I will argue here that Grice's own notion of implicature, one quite different from the ones most of us have come to work with, is in fact far more interesting and subtle than that which has been attributed to him. (shrink)

Inspired by legal reasoning, this paper presents a formal framework for assessing conflicting arguments. Its use is illustrated with applications to realistic legal examples, and the potential for implementation is discussed. The framework has the form of a logical system for defeasible argumentation. Its language, which is of a logic-programming-like nature, has both weak and explicit negation, and conflicts between arguments are decided with the help of priorities on the rules. An important feature of the system is that these priorities (...) are not fixed, but are themselves defeasibly derived as conclusions within the system. Thus debates on the choice between conflicting arguments can also be modelled.The proof theory of the system is stated in dialectical style, where a proof takes the form of a dialogue between a proponent and an opponent of an argument. An argument is shown to be justified if the proponent can make the opponent run out of moves in whatever way the opponent attacks. Despite this dialectical form, the system reflects a declarative, or relational approach to modelling legal argument. A basic assumption of this paper is that this approach complements two other lines of research in AI and Law, investigations of precedent-based reasoning and the development of procedural, or dialectical models of legal argument. (shrink)

There was a long tradition in philosophy according to which good reasoning had to be deductively valid. However, that tradition began to be questioned in the 1960’s, and is now thoroughly discredited. What caused its downfall was the recognition that many familiar kinds of reasoning are not deductively valid, but clearly confer justification on their conclusions. Here are some simple examples.

This essay investigates the applicability of Grice’s theory of conversational implicatures to legal interpretation, in order to highlight some of its characteristics. After introducing the notions of language and discourse, and briefly explaining the most salient aspects of Grice’s theory, I will analyse the interpretation of two types of legal acts; authoritative legal acts and acts of private autonomy. Regarding the first class, exemplified by statutes, I will argue against the applicability of Gricean theory due to the conflictual behaviour of (...) the addressees and, above all, to the insurmountable indeterminacy of the contextual elements. As far as acts of private autonomy are concerned, exemplified by contracts, I will argue that the cooperative principle is applicable, at least in those legal systems that include the principle of bona fides among the interpretative regulations of such acts. (shrink)

The purpose of this essay is to explore some of the main pragmatic aspects of communication within the legal context. It will be argued that in some crucial respects, the pragmatics of legal language is unique, involving considerations that are not typically present in ordinary conversational contexts. In particular, certain normative considerations that are typically settled in a regular conversational context are unresolved and potentially contentious in the legal case. On the other hand, the essay also argues that a careful (...) distinction between various pragmatic aspects of language use enables us to offer some generalizations about types of pragmatic enrichment that could be taken to form, or not to form, part of what is actually determined by legal expressions. (shrink)

When we use a word, we face a crucial epistemic gap: we ground our move on the fact that our interlocutor knows the meaning of the word we used, and therefore he can interpret our dialogical intention. However, how is it possible to know the other’s mind? Hamblin explained this dialogical problem advancing the idea of dialectical meaning: on his view, the use of a word is based on a set of presumptions. Building on this approach, the use of a (...) word in a dialogue can be analyzed in terms of presumptive reasoning, while the manipulative strategies based on slanted or loaded terms or redefinitions can be conceived as forms of conflicts of presumptions. A presumptive approach to meaning can also ground different dialectical strategies to solve misunderstanding or definitional disagreements, or tactics to undermine the interlocutor’s arguments by advancing charges of equivocation. (shrink)

This paper shows how reasoning from best explanation combines with linguistic and factual presumptions during the process of retrieving a speaker’s intention. It is shown how differences between presumptions need to be used to pick the best explanation of a pragmatic manifestation of a dialogical intention. It is shown why we cannot simply jump to an interpretative conclusion based on what we presume to be the most common purpose of a speech act, and why, in cases of indirect speech acts, (...) we need to depend on an abductive process of interpretation. (shrink)

In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may (...) be useful in cases in which there is insufficient evidence to prove the claim to an appropriate standard of proof. (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and quasilogical (...) connections. To this purpose, we propose a dichotomous criterion of classification, transcending both levels of abstraction and representing not what an argument is but how it is understood and interpreted. The schemes are grouped according to an end-means criterion, which is strictly bound to the ontological structure of the conclusion and the premises. On this view, a scheme can be selected according to the intended or reconstructed purpose of an argument and the possible strategies that can be used to achieve it. (shrink)

The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and quasilogical (...) connections. To this purpose, we propose a dichotomous criterion of classification, transcending both levels of abstraction and representing not what an argument is but how it is understood and interpreted. The schemes are grouped according to an end-means criterion, which is strictly bound to the ontological structure of the conclusion and the premises. On this view, a scheme can be selected according to the intended or reconstructed purpose of an argument and the possible strategies that can be used to achieve it. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. -/- . (shrink)

Science depends on judgments of the bearing of evidence on theory. Scientists must judge whether an observation or the result of an experiment supports, disconfirms, or is simply irrelevant to a given hypothesis. Similarly, scientists may judge that, given all the available evidence, a hypothesis ought to be accepted as correct or nearly so, rejected as false, or neither. Occasionally, these evidential judgments can be made on deductive grounds. If an experimental result strictly contradicts a hypothesis, then the truth of (...) the data deductively entails the falsity of the hypothesis. In the great majority of cases, however, the connection between evidence and hypothesis is non-demonstrative, or inductive. In particular, this is so whenever a general hypothesis is inferred to be correct on the basis of the available data, since the truth of the data will not deductively entail the truth of the hypothesis. It always remains possible that the hypothesis is false even though the data are correct. (shrink)

This paper argues that current pragmatic theories fail to describe common ground in its complexity because they usually retain a communication-as-transfer-between-minds view of language, and disregard the fact that disagreement and egocentrism of speaker-hearers are as fundamental parts of communication as agreement and cooperation. On the other hand, current cognitive research has overestimated the egocentric behavior of the dyads and argued for the dynamic emergent property of common ground while devaluing the overall significance of cooperation in the process of verbal (...) communication. The paper attempts to eliminate this conflict and proposes to combine the two views into an integrated concept of common ground, in which both core common ground and emergent common ground converge to construct a dialectical socio-cultural background for communication.Both cognitive and pragmatic considerations are central to this issue. While attention explains why emergent property unfolds, intention explains why presumed shared knowledge is needed. Based on this, common ground is perceived as an effort to converge the mental representation of shared knowledge present as memory that we can activate, shared knowledge that we can seek, and rapport, as well as knowledge that we can create in the communicative process. The socio-cognitive approach emphasizes that common ground is a dynamic construct that is mutually constructed by interlocutors throughout the communicative process. The core and emergent components join in the construction of common ground in all stages, although they may contribute to the construction process in different ways, to different extents, and in different phases of the communicative process. (shrink)

This paper argues that current pragmatic theories fail to describe common ground in its complexity because they usually retain a communication-as-transfer-between-minds view of language, and disregard the fact that disagreement and egocentrism of speaker-hearers are as fundamental parts of communication as agreement and cooperation. On the other hand, current cognitive research has overestimated the egocentric behavior of the dyads and argued for the dynamic emergent property of common ground while devaluing the overall significance of cooperation in the process of verbal (...) communication. The paper attempts to eliminate this conflict and proposes to combine the two views into an integrated concept of common ground, in which both core common ground and emergent common ground converge to construct a dialectical socio-cultural background for communication.Both cognitive and pragmatic considerations are central to this issue. While attention explains why emergent property unfolds, intention explains why presumed shared knowledge is needed. Based on this, common ground is perceived as an effort to converge the mental representation of shared knowledge present as memory that we can activate, shared knowledge that we can seek, and rapport, as well as knowledge that we can create in the communicative process. The socio-cognitive approach emphasizes that common ground is a dynamic construct that is mutually constructed by interlocutors throughout the communicative process. The core and emergent components join in the construction of common ground in all stages, although they may contribute to the construction process in different ways, to different extents, and in different phases of the communicative process. (shrink)

This paper joins the voices warning against hasty transference of legal concepts of presumption to other kinds of argumentation, especially to deliberation about future acts and policies. Comparison of the pragmatics which respectively constitute the illocutionary acts of accusing and proposing reveals important differences in the ways presumptions prompt accusers and proposers to undertake probative responsibilities and, also, points to corresponding differences in their probative duties. This comparison has theoretically important implication regarding the norms governing persuasive argumentation. The paper is (...) based on a broadly Gricean account of speech acts. (shrink)

This paper explores two persistent questions in the literature on presumptions: the place and the nature of presumptions in law and legal argumentation. These questions were originally raised by James Bradley Thayer, one of the masters of the Law of Evidence and the author of the classic chapter devoted this subject in A preliminary treatise on Evidence. Like Thayer, I believe that these questions deserve attention. First the paper shows that the connection between presumptions and argumentation is a constant feature (...) in the literature on presumptions, since its foundation in the Middle Ages to modern times. James Bradley Thayer was probably the last jurist who clearly saw that presumptions belong to argumentation. Second, the paper examines two sources of controversy in the language of presumptions. First, “presumption” is an ambiguous word in the legal discourse. As a result, it is almost impossible to provide a clear and succinct answer to the question “What is a presumption?”. Second, there are at least four reconstructions of the concept of presumption whose merits and shortcomings are relevant to explore. The analysis presented here may be of interest for legal and non-legal scholars and, hopefully, it may help to shed light on the possibilities and limits of an interdisciplinary dialogue about presumptions. (shrink)

In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may (...) be useful in cases in which there is insufficient evidence to prove the claim to an appropriate standard of proof. (shrink)

Intercultural Pragmatics studies how language systems are used in social encounters between speakers who have different first languages and cultures, yet communicate in a common language. The field first emerged in the early 21st century, joining two seemingly antagonistic approaches to pragmatics research: the cognitive-philosophical approach, which considers intention as an a priori mental state of the speaker, and the sociocultural-interactional approach, which considers it as a post factum construct created by both speaker and hearer though conversation. Istvan Kecskes, an (...) early proponent of intercultural pragmatics, was among the first to propose merging the two to form the socio-cognitive approach now core to the field. In Intercultural Pragmatics, the first book on the subject, Kecskes establishes the foundations of the field, boldly combining the pragmatic view of cooperation with the cognitive view of egocentrism in order to incorporate emerging features of communication. He argues that people cooperate by generating and formulating intention that is relevant to the given actual situational context. At the same time, however, because of their egocentrism they activate the most salient information to their attention in the construction and comprehension of utterances. Within this approach, interlocutors are considered as social beings searching for meaning with individual minds embedded in a socio-cultural collectivity, and intention is a cooperation-directed practice that is governed by relevance which depends on actual situational experience.Intercultural pragmatics is a rapidly-growing field, and the only subfield of pragmatics to incorporate features of intercultural interaction into mainstream pragmatics. This volume offers both a valuable synthesis of current research and a new way to think about pragmatics. (shrink)

This book analyzes the uses of emotive language and redefinitions from pragmatic, dialectical, epistemic and rhetorical perspectives, investigating the relationship between emotions, persuasion and meaning, and focusing on the implicit dimension of the use of a word and its dialectical effects. It offers a method for evaluating the persuasive and manipulative uses of emotive language in ordinary and political discourse. Through the analysis of political speeches and legal arguments, the book offers a systematic study of emotive language in argumentation, rhetoric, (...) communication, political science and public speaking. (shrink)

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. (shrink)

Illuminates legal reasoning -- and its justification At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. (...) This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power. Explores enduring questions Focusing on work over the past century, the essays address important recurring questions, such as: When a judge or a lawyer reasons to a conclusion about what is legally required in a given case, must he also ask what is morally required? To what extent do a judge's personal, political, or moral biases affect his legal reasoning? What is the impact of such biases? Can all such biases be avoided? Is legal reasoning similar to reasoning in mathematics, logic, and linguistics, the physical sciences, the social sciences, or literature and history? Do formal logical modes of argument play any roles in legal reasoning? Solid coverage, well organized The articles were chosen to present some of the most influential works on the topic, as well as less familiar works that are thought provoking and informative. Each volume also offers a representative range of theoretical approaches to its topic, contains an introduction that locates the subject within the larger framework oftheories of legal reasoning and jurisprudence, and includes bibliographical notes on further readings. Many 19th century legal theorists argued that deduction is the central mode of legal reasoning, and that legal argument is like a deductive proof in mathematics or logic. They were attracted to this "deductivist" concept because it suggested that legal reasoning could be politically and morally neutral. This volume brings together some of the most thought-provoking articles on both sides of the debate. It also contains several leading articles that explain the role of probabilistic judgments and presumptions in various types of legal arguments, including the laws of evidence and criminal procedure. The collection is a solid introduction to the basic modes of logical argument in legal reasoning. (shrink)

This book identifies 25 argumentation schemes for presumptive reasoning and matches a set of critical questions to each.

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. (shrink)

The thesis that propositions of law are intrinsically arguable is opposed by the antithesis that the Rule of Law is valued for the sake of legal certainty. The synthesis considers the insights of theories of rhetoric and proceduralist theories of practical reason, then locates the problem of indeterminacy of law in the context of the challengeable character of governmental action under free governments. This is not incompatible with, but required by the Rule of Law, which is misstated as securing legal (...) certainty. Defeasible certainty is the most that is desirable or achievable. (shrink)

I propose some rules that regiment substitutions of NPs.