Legal Argumentation and Evidence

Overview

A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many...

See more details below
Paperback
$43.29
BN.com price
(Save 3%)$44.95 List Price
Other sellers (Paperback)
  • All (5) from $43.28   
  • New (3) from $43.28   
  • Used (2) from $43.28   
Sending request ...

Overview

A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton’s aim is to provide a more expansive view of what can be considered "reasonable" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.

Read More Show Less

Editorial Reviews

From the Publisher

“Impressively researched and clearly written, this book is a notable contribution to the study of legal argumentation.”

—Derek Allen, University of Toronto Quarterly

Read More Show Less

Product Details

  • ISBN-13: 9780271058351
  • Publisher: Penn State University Press
  • Publication date: 8/23/2012
  • Pages: 392
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.88 (d)

Meet the Author

Douglas Walton is Professor of Philosophy at the University of Winnipeg. He is the author of four other books published by Penn State Press: The Place of Emotion in Argument (1992), Arguments from Ignorance (1995), Appeal to Expert Opinion (1997), and Appeal to Popular Opinion (1998).

Read More Show Less

Table of Contents

Contents

Acknowledgments

Introduction

1. SPECIAL FEATURES OF ARGUMENTATION IN A

LEGAL SYSTEM

Legal Rules and Particular Cases

Interpretation of Statutes and Documents

Stages of a Trial

Civil Law, Criminal Law, and Burden of Proof

Evidence

Relevance and Admissibility

Testimony of Witnesses

Expert Testimony

Examination

Dependence on Precedents

2. FORMS OF ARGUMENT COMMONLY USED IN LAW

Argument from Analogy

Argument from an Established Rule

Argument from Sign and Abductive Argument

Argument from Position to Know

Argument from Verbal Classification

Argument from Commitment

Practical Reasoning

Argument from Personal Attack (Ad Hominem Argument)

The Slippery Slope Argument

Other Important Forms of Argument

3. CIRCUMSTANTIAL EVIDENCE

The McCormick Criterion

The Jewish Classical Law Criterion

Bentham on Circumstantial Evidence

Patterson’s Criterion

Wigmore on Direct Evidence and Autoptic Proference

Wigmore on Circumstantial and Testimonial Evidence

The Hope Head Case

The Five Criteria Summarized

How Useful is the Concept of Circumstantial Evidence?

Logical Difficulties of Circumstantial Evidence

4. PLAUSIBILITY AND PROBABILITY

A Third Type of Reasoning

Plausibility and Probability

Wigmore on Logical Inference and Probative Value

Locke on Plausibility and Degrees of Assent

Bentham on Plausibility and Evidence

Plausibility and Casuistry

Plausible Reasoning in the Ancient World

Carneades’ Theory of Plausibility

Criteria and Applications of Carneades’ Theory

Why the Neglect of Plausible Reasoning?

5. THE DIALECTICAL FRAMEWORK OF LEGAL

ARGUMENTATION

Implicature and Conversational Postulates

Rational Persuasion in the Trial

Normative Models of Argumentation

Persuasion Dialogue

Other Types of Dialogue

Peirastic Dialogue and Extastic Dialogue

Relevance and Dialectical Shifts

The Fair Trial and the Witch-Hunt

A Dialectical Theory of Statutory Interpretation

Argumentation Schemes, Fallacies, and Legal Logic

6. A PLAUSIBILISTIC THEORY OF EVIDENCE

Components of the New Theory

Evidence and Argument

The Probative Function

Ancient Roots of the New Theory

Advantages of The Plausibilistic Theory

Scientific Evidence

Logical and Legal Relevance

Legal Evidence, Credibility, and Plausibility

Expert Testimony as Evidence

Problems and Conclusions

7. RELEVANCE IN PERSUASION DIALOGUE

Persuasion Dialogue

Chaining of Arguments

Rules of Dialogue and Fallacies

The Fallacy of Irrelevant Conclusion

The Method of Argument Extrapolation

Testing an Actual Example

How the Method Should be Applied

Questions Raised

Application to Legal Cases

Arguments and Explanations

8. MULTI-AGENT ARGUMENTATION AND CREDIBILITY

Formal Dialogue Systems in Logic

The Ad Hominem and Ad Verecundiam Fallacies

Labeled Deductive Systems

Multi-Agent Systems

Adding Agents to Formal Dialectical Structures

Evaluating Fallacies and Blunders

How Should ‘Agent’ be Defined in Formal Dialectic?

Dialectical Shifts and Relevance

The Solution to the Problem

Conclusions

9. HOW TO USE THE NEW METHOD

The New Method

Inference Forms and Critical Questions

Arguments Depending on Testimony and Credibility

Verbal Arguments and Critical Questions

The Trial as Persuasion Dialogue

Argument Diagramming

The Formal Structure of Diagramming

Formalizing the New System

The Subtleties of Peirastic Dialogue

The Current Problems with Relevance

Bibliography

Index

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)