Lilian Bermejo-Luque – författare

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.

This Research Handbook presents thirty-three original contributions from leading experts around the globe on all aspects of legal argumentation. Each chapter combines theoretical and practical perspectives to introduce and develop its topic.The volume explores the connections between legal argumentation, general jurisprudence, and argumentation theory. The result: the most detailed, comprehensive, and international overview of the field to date. The Research Handbook is organised into five parts. The first examines the core elements of legal argumentation. The second analyses many types of argument commonly used in law. The third situates legal argumentation within broader argumentation theory. The fourth examines its links with general jurisprudence. The fifth and final part takes a more holistic approach to what is involved in judging well.This Research Handbook will interest not only students and scholars of legal argumentation, legal philosophers, and argumentation theorists, but also lawyers, judges, and other practitioners seeking to better understand their art.

This Research Handbook presents thirty-three original contributions from leading experts around the globe on all aspects of legal argumentation. Each chapter combines theoretical and practical perspectives to introduce and develop its topic.The volume explores the connections between legal argumentation, general jurisprudence, and argumentation theory. The result: the most detailed, comprehensive, and international overview of the field to date. The Research Handbook is organised into five parts. The first examines the core elements of legal argumentation. The second analyses many types of argument commonly used in law. The third situates legal argumentation within broader argumentation theory. The fourth examines its links with general jurisprudence. The fifth and final part takes a more holistic approach to what is involved in judging well.This Research Handbook will interest not only students and scholars of legal argumentation, legal philosophers, and argumentation theorists, but also lawyers, judges, and other practitioners seeking to better understand their art.

This Research Handbook presents thirty-three original contributions from leading experts around the globe on all aspects of legal argumentation. Each chapter combines theoretical and practical perspectives to introduce and develop its topic.The volume explores the connections between legal argumentation, general jurisprudence, and argumentation theory. The result: the most detailed, comprehensive, and international overview of the field to date. The Research Handbook is organised into five parts. The first examines the core elements of legal argumentation. The second analyses many types of argument commonly used in law. The third situates legal argumentation within broader argumentation theory. The fourth examines its links with general jurisprudence. The fifth and final part takes a more holistic approach to what is involved in judging well.This Research Handbook will interest not only students and scholars of legal argumentation, legal philosophers, and argumentation theorists, but also lawyers, judges, and other practitioners seeking to better understand their art.

This book provides a new, linguistic approach to Argumentation Theory. Its main goal is to integrate the logical, dialectical and rhetorical dimensions of argumentation in a model providing a unitary treatment of its justificatory and persuasive powers. This model takes as its basis Speech Acts Theory in order to characterize argumentation as a second-order speech act complex. The result is a systematic and comprehensive theory of the interpretation, analysis and evaluation of arguments. This theory sheds light on the many faces of argumentative communication: verbal and non-verbal, monological and dialogical, literal and non-literal, ordinary and specialized.The book takes into consideration the major current comprehensive accounts of good argumentation (Perelman’s New Rhetoric, Pragma-dialectics, the ARG model, the Epistemic Approach) and shows that these accounts have fundamental weaknesses rooted in their instrumentalist conception of argumentation as an activity oriented to a goal external to itself. Furthermore, the author addresses some challenging meta-theoretical questions such as the justification problem for Argumentation Theory models and the relationship between reasoning and arguing.

This book provides a new, linguistic approach to Argumentation Theory. Its main goal is to integrate the logical, dialectical and rhetorical dimensions of argumentation in a model providing a unitary treatment of its justificatory and persuasive powers. This model takes as its basis Speech Acts Theory in order to characterize argumentation as a second-order speech act complex. The result is a systematic and comprehensive theory of the interpretation, analysis and evaluation of arguments. This theory sheds light on the many faces of argumentative communication: verbal and non-verbal, monological and dialogical, literal and non-literal, ordinary and specialized.The book takes into consideration the major current comprehensive accounts of good argumentation (Perelman’s New Rhetoric, Pragma-dialectics, the ARG model, the Epistemic Approach) and shows that these accounts have fundamental weaknesses rooted in their instrumentalist conception of argumentation as an activity oriented to a goal external to itself. Furthermore, the author addresses some challenging meta-theoretical questions such as the justification problem for Argumentation Theory models and the relationship between reasoning and arguing.